Our auto accident lawyers understand that a serious injury can have a tremendous impact on your life. Thankfully, Illinois residents who have been killed or injured in a car accident can turn to our firm for representation. Our lawyers are proud to represent clients when they have sustained serious injuries in a car crash caused by negligent drivers.
Our law firm is sympathetic to the range of impacts a car accident can have on a family, including the emotional, practical, and physical implications. We invite those who have been significantly injured in a car crash to contact our office for a free consultation with an auto accident attorney to discuss avenues of financial recovery and your legal options.
Common Car Accident Causes in Illinois
Safe driving is the responsibility of the driver, even in light of the many technological advances that have allowed us to reduce crashes. It’s the duty of every driver to drive carefully, and failure to do so leaves that driver responsible for any consequences of the resulting crash. If they injure someone, they ought to pay for it.
Despite the risks and even when faced with the possibility of so much loss, people continue to make unsafe decisions when they get behind the wheel. According to data evaluated by the Insurance Information Institute, the following types of driver behavior are commonly involved in serious car accidents:
- Speeding As many as 28% of traffic fatality accidents involve speeding. (NHTSA, 2014 study)
- Distracted Driving Distractions, such as cell phones, were responsible for 3,477 traffic fatalities and 391,000 auto injury cases in 2015, according to the NHTSA.
- Drunk Driving Forty percent of all traffic-related fatalities were alcohol-related.
- Aggression An estimated 11,000 people lose their lives annually due to motor vehicle accidents involving aggressive driving, according to the NHTSA.
- Drug Impairment While it’s difficult to detect due to limited roadside testing abilities, a survey completed by the National Institute on Drug Abuse concluded that more than 10 million people admitted to driving while under the influence of illegal drugs
- Inexperienced Drivers Teenage drivers consistently have higher accident rates than older drivers. According to the CDC, drivers 16 to 19 years old are three times more likely to die in a car crash compared to a driver over 20.
- Fatigue A 2014 study prepared by AAA concluded that 21% of fatal traffic accidents were related to fatigued drivers.
- Hit & Run Even when the law requires drivers involved in an accident to stay at the scene, an investigation by USA Today found that nearly 1,500 drivers flee the scene of a fatal accident each year.
Motor Vehicle Crash Statistics in Illinois
Illinois Department of Transportation records indicate that 1,017 people were killed in auto accidents throughout the state in 2016. Cook County saw the highest number of collisions, fatalities, and serious injuries compared to any other part of the state, with 211 fatalities and 27,075 reported injuries, of which 3,223 were deemed significant. Meanwhile, in the same year, more than 40,000 people across the United States were killed in traffic-related incidents. According to assessments made by the National Highway Traffic Safety Administration, these accidents amount to a massive $871 billion in damages each year.
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Injuries Commonly Sustained in Illinois Auto Crashes
While there can be no denying the impact of the loss of a loved one killed in a car accident, Rosenfeld Injury Lawyers remains committed to helping individuals who have had their lives impacted by serious injuries from automobile crashes.
According to Illinois Department of Transportation data, in 2014, 84,652 people were injured to some extent in a vehicle-related incident, and 11,755 sustained a significant injury that prevented them from participating in the normal day-to-day activities that they enjoyed before the accident. This is categorized as an “A-type” injury crash. Some of these life-changing injuries may include:
Regardless of the scope of your injury, we can help you. Our Chicago based attorneys work with some of the most respected physicians in Illinois, who we retain as consultants and expert witnesses in auto accident cases. We believe that this helps convey the extent of your injury to an insurance adjuster, judge, or jury evaluating your case.
- Amanda D.
Types of Car Accidents in Illinois
To recover compensation for injuries, you must first establish that the other driver involved caused the crash. Proving fault or negligence can be relatively straightforward or complicated depending upon the details of the collision.
Here are some examples of types of car accident cases where driver negligence may be established based on an accident report or police investigation.
Laws Applicable to People Injured in Illinois Car Accidents
Ignorance of the law can hurt you if you are injured in a car accident in Illinois. While many laws apply to specific situations (and you should speak to an attorney to confirm how the law applies to your situation), you should be aware that you must file a lawsuit for personal injuries within two years of the accident (735 ILCS 5/13-202). If you do not file a lawsuit for your injuries within the statute of limitations, you will be forever barred from doing so.
Any person involved in a car accident in Illinois would do well to contact an injury lawyer and to review the Illinois Motor Vehicle Code (625 ILCC 5), which enumerates the responsibilities of drivers in Illinois. In particular, Chapter 11 addresses the rules of the road and is valuable for drivers to review, as the law is frequently updated.
You should also know that Illinois has adopted a modified comparative fault doctrine for cases such as auto crashes. When making a car accident injury claim, the damages you are entitled to receive will be reduced by the percentage of fault allocated to you. For instance, if you are deemed to be 20% at fault for a car accident, you can recover 80% of the damages entitled to you. Bear in mind that if you are more than 50% at fault for an accident, you will be completely barred from a recovery. Consequently, it is important to fully evaluate the liability aspects of car accident cases and establish fault early on.
Illinois car accident victims are entitled to recover compensation for the following types of economic and non-economic losses:
- Medical Expenses: Immediate out-of-pocket expenses for charges related to ambulance transport, emergency room care, doctor visits, surgery, medications, hospital care, and physical therapy are all recoverable. When future care is required, these expenses are also recoverable.
- Lost Wages: When an injury prevents you from working or prohibits you from returning to the job you had before the accident, the law allows you to recover past and future wages and related benefits (health insurance, retirement contributions, etc.).
- Pain and Suffering: This type of non-economic damages addresses the pain you experienced as a result of injuries sustained in an accident. In a jury trial, an award would be given based on the testimony of the injured party and their physicians.
- Disfigurement: When an accident has left a person with scarring or other visible injuries, a claim for disfigurement may be presented.
- Disability: When a person cannot attend to the activities they were able to before an accident, a claim for disability may be presented.
- Wrongful Death: For the family of a person killed in a car accident, the Illinois Wrongful Death Act allows recovery for funeral expenses, loss of financial support, and the loss of consortium (companionship).
- Property Damage: This includes damage to the vehicle involved in the collision as well as any personal property damaged in a crash, such as cell phones, computers, or other personal belongings.
- Emotional Distress: Damages may be awarded for feelings of fright, nervousness, and stress following a serious accident.
- Punitive Damages: In cases where the driver was incredibly reckless, a judge may allow punitive damages to be pursued. Unlike compensatory damages, this type of damages is intended to punish the other party. Punitive damages may be awarded in drunk driving cases or other situations involving extreme recklessness.
Why You Need an Experienced Law Firm to Represent Your Interests
Car insurance companies make money by taking in premiums and paying out as little as possible in claims, and that frequently means that legitimate claims for car accident injuries are drastically minimized in their severity and value. As a person injured in an accident, you need to acknowledge that your interests and those of the insurance company are in conflict from the start. One of the ways you can ensure that your case is valued fairly is by having a personal injury lawyer experienced with these claims represent you.
At Rosenfeld Injury Lawyers, we not only have experience negotiating full and fair settlements with insurance companies, but we also have experience in the courtroom. We are not afraid to take insurance companies to court when they are not evaluating our clients’ cases properly. We’ve taken on State Farm, Allstate, USAA, Progressive, Liberty Mutual, and Nationwide and won.
Car Accident FAQs
Uninsured Drivers: Against the Law and a Danger to All
By law, all drivers in Illinois are required to carry liability insurance coverage of $25,000 per person and $50,000 per accident, according to the Illinois secretary of state. Despite these requirements, more than 13% of drivers on Illinois roads and highways operate vehicles without any liability insurance, according to data from the Insurance Research Council.
So what happens if an uninsured driver causes a crash that injures you?
Recognizing how pervasive uninsured drivers are, most automobile insurance companies offer uninsured motorist coverage (usually referred to as UM). In these situations, after it has been established that the at-fault driver did not carry any insurance at the time of a crash, a claim may be presented to the injured party’s insurance company, which essentially stands in the place of the person who caused the accident.
While the logistics of presenting a claim to your auto insurance company for an accident that you did not cause may seem strange, you are entitled to the same types of damages that you would be had the offending driver carried insurance.
On a similar note, when a driver who causes an accident has insufficient liability coverage to compensate an injured party for their injuries, an underinsured motorist claim, or UIM claim, may be made with the insured’s auto insurer.
Preparing Each Case to go the Distance to Trial
Every car accident case that our auto accident lawyers in Chicago take on is prepared as though it is going to trial. While the majority of these cases will be settled outside of court, our auto accident injury lawyers believe that thoroughly preparing car accident cases is in the clients’ best interest. We find that investing the time and resources in cases frequently results in larger settlements and allows us to proceed to litigation with confidence, as we know we have the tools needed to win your case.
Our law firm regularly takes the following steps to investigate and prosecute car accident cases:
- Collects police reports
- Talks to witnesses and secures statements from them
- Photographs the scene of the crash, damage to vehicles, and injuries to people involved
- Orders medical records and bills
- Hires accident investigators to determine how a crash likely occurred
- Meets with treating physicians and has them prepare reports to address causation and permanency of injuries
- Retrieves data from black-box computers
- Communicates directly with insurance companies involved
Get Free Information Now
If you are looking for information on how to proceed following a car accident injury case or how the law applies to your situation, you may wish to review some of the informational materials that we have prepared.Download Handbook Now
Get a Free Review of Your Car Accident Case Today
If you have questions about your situation or are ready to hire an attorney, we invite you to contact Rosenfeld Injury Lawyers today for a free case review with a car accident lawyer. Car injury cases are handled on a contingency fee basis, so there is never a legal fee charged until we are successful in a recovery on your behalf. Put another way, you have nothing to lose by hiring our law firm to represent you.
For information on other types of motor vehicle injury cases, please visit the pages below, where you will find more comprehensive materials on these topics.
- Truck Accidents
- Bicycle Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Uber Crashes
- Bus Accidents
- Van Accidents
- Chicago Transit Authority Bus Accidents
Attorney Jonathan Rosenfeld is responsible for the material on this page and updates this content regularly.