Chicago Car Accident Attorney

Car accidents are a common occurrence in Chicago and can result in significant physical, emotional, and financial burdens. When involved in an accident, it’s crucial to understand your legal rights and options

Hiring a Chicago car accident lawyer can make a significant difference in the outcome of your case. Below, we’ll explore how many of these accidents happen, what you should do if you experience one, the role of a car accident lawyer, and the benefits of hiring one.

Illinois Car Accident Facts

You are more likely to get into a motor vehicle accident in Cook County than anywhere else in Illinois. Cook County accounts for about half of the state’s fatal crashes each year and is consistently the most dangerous county for drivers in our state, per the Make Roads Safe campaign.

Let’s take a closer look at 2022 Illinois Department of Transportation crash statistics for all of Illinois:

• There were 298,347 total accidents.
• More than 20% of crashes (59,795) involved at least one injury, with 1,337 total fatalities.
• 43.8% of fatal crashes involved speeding.
• 82.9% of auto accidents took place on dry roads.

With more than 10,487,000 registered motor vehicles and over 8,794,000 licensed drivers, there are a lot of people on Illinois roads. We want everyone to be safe, so always wear your seat belt, follow the rules of the road, and never drive after drinking alcohol.

Steps To Take After a Car Accident in Chicago

Immediately following a motor vehicle wreck, your body may be in a state of shock. It’s important to remain calm and take the following steps:

• Call 911 and ask that an officer be sent to the scene
• Allow emergency responders to evaluate your condition and transport you to the nearest hospital if necessary
• Move your vehicle to the side of the road (if safe to do so)
• Exchange contact and insurance information with the other driver
• Take pictures and videos of the accident scene, including damage to vehicles, driving conditions, and any apparent injuries
• Speak with witnesses and get their contact information
• Seek medical care at an emergency room or with your regular doctor
• Report the auto accident to your insurer
• Schedule a free consultation with a team of Chicago car accident lawyers

Remember, what you do after a crash matters. If you fail to seek timely medical care, don’t document the accident scene, or don’t take statements from witnesses, the insurance company for the at-fault driver could twist your actions to mean that you are not seriously hurt or were, at least in part, responsible for the crash.

Most Dangerous Roads in and Around Chicago

From dealing with narrow lanes and heavy traffic to navigating one-way roads, driving in the Windy City can be a challenge for even the most experienced driver. Although a car crash can occur virtually anywhere and at any time, some stretches of road and interstate are more dangerous than others.

The following are among the deadliest stretches of roadway in and around Chicago:

• Ashland Ave. – from W. 74th St. to W. 47th St.
• I-57 – from exit 353 to exit 348
• Lake St. – from N. Cicero Ave. to N. Sacramento Blvd.
• SR-42 Harlem Ave. – from W. 34th St. to W. 63rd St.
• I-55 – from exit 287 to exit 292B
• I-290 – from exit 15A to exit 21B
• I-80 – from exit 134 to exit 127
• I-94 – from exit 56B to exit 62
• 87th St. – from S. Lafayette Ave. to S. Pulaski Rd.

The role of a Chicago car accident attorney is one of constant, steadfast, and reliable legal representation. Knowing what auto accident victims and their families have been through before they ever reach out, the lawyer’s goal is to provide unrivaled guidance and assurance during what can be a very difficult time.

Causes of Most Chicago Auto Accidents

It’s a simple fact that human error is the reason most car accidents occur. According to the U.S. Department of Transportation, 94% of reported car crashes are caused by driver error. As personal injury attorneys, we have repeatedly seen how many Chicago car accident cases can be traced back to another driver’s negligent, reckless, aggressive, or wrongful behavior.

The typical motor vehicle accident case may include one or more of the following causal factors:

• Drugged or drunk driving
• Distracted driving (especially using a handheld device)
• Reckless driving
• Speeding
• Driving too fast for the conditions (even if below the posted limit)
• Tailgating
• Changing lanes without signaling or checking blind spots
• Failing to stop at red lights or stop signs
• Driver inexperience

For example, according to 2022 reports by the National Highway Traffic Safety Administration, 3,308 people died in vehicle-related accidents due to distracted driving alone.

Correctly identifying the cause of your accident is key to recovering full and fair compensation from the other driver’s insurance company.

However, what you may not realize is that there can be more than one at-fault party and as such, more than one auto insurance company that you need to file a claim with.

Potential At-Fault Parties in a Personal Injury Claim

A car accident case may involve just one or multiple liable parties. The following are just a few examples of possible parties that can be held at fault for a car crash.

• The other driver
• A vehicle or auto parts manufacturer
• A government entity responsible for road upkeep and repair
• An at-fault party’s employer
• Other drivers on the road

Every person, group, organization, or business listed above should have insurance coverage intended to cover the cost of a car accident settlement.

Determining Fault in Chicago Car Accidents

Car accidents in Chicago can be complex, requiring auto accident lawyers to take an in-depth and multi-faceted approach to determining liability. They will conduct a thorough investigation to prove that the following four elements of negligence are present:

1. The at-fault driver (the defendant) owed the victim (the plaintiff) a duty of care.
2. The defendant breached their duty of care.
3. The defendant’s breach of the duty of care resulted in the accident and the plaintiff suffering harm.
4. The harm the plaintiff suffered resulted in verifiable losses.

Accident victims have a right to recover compensation that fully addresses the totality of their losses, including lost wages, medical bills, property damage, emotional distress, and more.

Common Types of Auto Accidents in Illinois

No two accidents are exactly alike, and everything from the size of the vehicles involved to the speeds both were traveling, the angle at which it occurred, and the location of the crash can determine the type of accident.

When assessing a crash, insurers and anyone involved in the insurance claim creation process will look at the type of accident that occurred to figure out what both drivers were doing in the moments leading up to the crash, who was likely at fault, and what other factors may have played a role.

The type of injuries that car accident victims suffer from are also heavily influenced by the type of wreck.

Here are some of the most common types of car accidents that occur in and around Chicago:

• Rear-end collisions
• Head-on collisions
• T-bone (broadside) collisions
• Sideswipe accidents
• Blind spot accidents
• Rollover accidents

Keep in mind that you can suffer severe injuries even if the accident type you were involved with isn’t typically considered to be serious. Never let an insurance company determine how badly you’re injured or what your claim is worth.

When your recovery and financial stability are on the line, work with a Chicago car accident attorney who cares.

How To Talk to the Insurance Company

After a crash, you will need to notify your own auto insurance company of what happened. You have only a limited time to do this, so be sure to check the details of your policy. However, this isn’t the only insurer you’ll be dealing with—the other driver’s insurance company will also have questions for you.

As car accident lawyers, we can’t stress enough how important it is to understand how to deal with car insurance companies. You must remember that these are huge, profit-minded corporations that do not have your best interests in mind. No matter how kind or polite the adjuster you speak with may seem, never forget that the insurance company is not on your side.

Follow our recommendations whenever you have to interact with an auto insurance company:

• Always stick to the facts of the case and what you know to be true.
• Avoid speculation, even if the insurance adjuster asks questions like, “What do you think happened?”
• Don’t disclose details of your injuries when their extent and severity may not be clear yet. Say that you’re seeking care with a doctor and move on.
• Never give a recorded statement, especially soon after the crash when details are still coming to light. Allow your attorney to speak on your behalf.

Every time you speak with the insurance company, note down the date, time, person you spoke with, and what you discussed. Keep this information in a safe place so that you have an accurate record of everything that has been said.

However, the most effective way to assert and protect your rights with the insurance company is to work closely with an experienced car accident attorney.

In most cases, they can take over all communications with the insurer on your behalf.

What if the Insurance Company Says I’m Also at Fault?

So the insurance company says you’re partially to blame for the crash, does that disqualify you from securing compensation? The good news is, maybe not.

Illinois’ comparative negligence laws allow for the idea that two parties can both play a role in an accident, while still allowing for the individual who was least at fault to secure compensation for their injuries. So long as you are deemed to be less than 50% at fault for the wreck, you are still entitled to compensation.

Keep in mind that your total award will be proportionately reduced by your percentage of fault, though. This means that if you were awarded $10,000 for an accident in which you were 20% at fault, your compensation would be reduced by $2,000, bringing your final compensation to $8,000.

Never allow a big auto insurer to decide your percentage of fault for a crash. Instead, work with a car accident attorney to protect and preserve your right to compensation.

How a Chicago Auto Accident Attorney Can Protect Your Rights

When a driver, vehicle or auto part manufacturer, employer, or other person or entity acts negligently and causes a car accident, the victim has a legal right to recover compensation for their injuries, financial losses, and other related damages.

But who protects your rights when the big insurance companies are trying to wrongfully lay the blame at your feet?

You can expect your attorney to fight for maximum compensation on your behalf by:

• Investigating the circumstances surrounding your crash and identifying all at-fault parties.
• Collecting and analyzing all relevant evidence, including pictures and videos taken at the accident scene.
• Accurately valuing the worth of your claim by totaling all economic and non-economic losses, including medical expenses, lost wages, auto repair bills, and more.
• Filing a personal injury claim with the appropriate insurance companies.
• Negotiating for a full and fair settlement on your behalf.

Know that your personal injury attorney will be by your side throughout this entire process.

This means that if we cannot secure the best possible settlement through negotiations, we will not hesitate to file a car accident lawsuit, taking your case to court to demand that the insurance company pay what you are rightfully owed.

Common Chicago Car Accident Injuries

An auto collision can leave a victim with injuries ranging from minor to catastrophic.

The type and extent of a car accident injury will vary considerably depending on the type and severity of the collision, the speed at which the impact occurred, and the sizes of the motor vehicles that were involved.

For example, severe injuries may be more likely to occur in pedestrian accidents than in collisions between two similarly sized motor vehicles.

Common car accident injuries can include some of the following:

• Traumatic brain injury (TBI)
• Broken and fractured bones
• Spinal cord injury
• Internal organ damage
• Back and chest injuries
• Soft tissue damage
• Burns
• Paralysis

Serious car accident injuries can progress rapidly, so it is crucial for anyone who has been involved in a wreck to undergo a medical assessment as soon as possible. You should be checked out by a doctor even if you are not experiencing severe pain.

Don’t let worries about future medical expenses stand between you and the care you need. Car accident victims are entitled to recover compensation for care and treatment related to their injuries.

The Mental Health Impact of Motor Vehicle Accidents

The mental and emotional impact of being involved in what should have been a preventable motor vehicle crash cannot be understated. According to WebMD, as many as 33% of all car accident victims may develop related mental health disorders that last for at least one year following the crash, including:

• Post-traumatic stress disorder (PTSD)
• Depression
• Anxiety
• Vehicle- and travel-related phobias

Just like with a physical injury, those impacted by lasting mental anguish, emotional trauma, and mental health disorders need the right care and support to realize the best possible recovery.

If you’ve experienced any of the above after being involved in a crash, our car accident lawyers urge you to prioritize yourself and your mental well-being by scheduling an appointment with a therapist or psychiatrist.

Compensation Available in Car Accident Cases

As car accident lawyers, we know that we cannot undo the harm that you’ve already suffered. What we can do, though, is fight for your right to maximum compensation.

But what does maximum compensation really mean? In a car accident case, the goal of compensatory damages is to make the victim “whole” again. The settlement you are awarded after an accident cannot be considered to be full and fair unless it fully addresses your losses in a way that allows for you to be made whole.

Compensatory damages for a car accident injury fall into two categories: economic and noneconomic.

Economic damages compensate you for your direct and indirect financial losses related to your crash, including:

• Missed paychecks
• Loss of future earnings or reduced earning capacity
• Past, current, and future medical bills
• Transportation costs to medical appointments
• Auto repair bills
• Property damage for valuable items damaged in the wreck
• Domestic services

Noneconomic damages compensate you for all the non-financial ways your life has been affected by the accident, including:

• Loss of enjoyment in life
• Lasting pain and suffering
• Mental anguish
• Loss of society, companionship, or consortium
• Disfigurement
• Loss of reputation

Your right to fair compensation is on the line after an accident—don’t let anyone tell you that you are owed anything less than what you need to be made whole again.

If the other driver or their auto insurer is disputing your right to compensation, contact the Chicago car accident lawyers of Thomas Law Offices as soon as possible. We’ll stand up for you when it feels like no one else will.

When Should I Hire a Chicago Car Accident Lawyer?

The best time to hire a lawyer was as soon as you realized you couldn’t go up against the insurance company on your own. The second best time is now. The main reason to act quickly is that vital evidence can disappear. It’s not usually possible to obtain photos of the accident scene or get eyewitness testimonies weeks or months after the crash.

Gathering and preserving evidence is a critical and time-sensitive part of a car accident lawyer’s work.

A statute of limitations is the amount of time you have to take legal action after an accident. If your lawsuit is filed past the time frame dictated by the statute, your case will likely be dismissed by the court.

In most cases, Illinois state law allows only two years from the date of a car crash to take legal action.

This means that if the insurance company drags settlement negotiations out using its arsenal of tricks and tactics, you may ultimately be disqualified from filing a car accident lawsuit. However, some exceptions may give your attorney more time to handle your case. This is another reason that it’s important to meet with a law firm as soon as you can following your accident.

We’ll make sure that all matters are completed within the mandatory deadlines so that you don’t miss out on the compensation you deserve.

Chicago Car Accident FAQs

During your first meeting with your attorney, you should ask some questions. Here are a few of them, along with the answers we’d give:

What if the Driver Who Hit Me Was Uninsured?

Auto insurance isn’t optional in Illinois—it’s mandatory. Vehicle owners are required to maintain the following minimum amounts of liability coverage:

• $25,000 for bodily injury or death per person
• $50,000 for bodily injury or death per accident
• $20,000 for property damage

Not everyone follows the law, though. If you were hit by an uninsured driver, you may be able to recover compensation for your injuries, medical bills, and other losses by filing a claim with your insurer.

Do Most Car Accident Cases Go to Court?

The vast majority of car accident claims are resolved without anyone ever having to step foot in court. Instead, most victims can reach an agreeable resolution through negotiations.

When reaching a settlement that fully addresses everything that you’ve been through and lost is simply not possible, that is when it’s time to go to court.

Taking an auto insurer to court without the legal backing of a car accident lawyer is not a good idea, though. You need the backing of someone who understands the legal system inside and out if you want your case to stand up before a judge and jury.

Car Accident Attorneys On Your Side

We have the experience, background, knowledge, and expertise that your case deserves. We will fight for your right to recover compensation for your accident-related injuries and losses, and we’ll make sure that you’re treated as fairly as possible by the insurance companies.

Speak with a Chicago car accident lawyer at no cost and no obligation when you schedule a free consultation with our office.

Contact us today for a free consultation.