A Chicago hit-and-run car accident lawyer can thoroughly investigate accidents where the other driver fled the scene, also known as phantom driver accidents. It can be challenging to get the auto insurance company to pay for these, especially if the at-fault driver is never identified. This is why you need an experienced personal injury lawyer on your side. Contact our hit-and-run lawyers for a free consultation and learn more about your legal rights.
Illinois requires every motorist to stop and wait for police to arrive if an accident causes serious injuries or death. They must also report the accident as soon as possible (§625 ILCS 5/11-401). Failing to stop is a Class 4 felony. Additionally, failing to report an accident is a Class 2 felony if not fatal and a Class 1 felony if there is a death.
In Chicago, every accident must be reported if it results in injury, death, or property damage of more than $250 (§9-56-010). A person who strikes an unattended vehicle must also stop and leave their contact information on the vehicle for the owner (§9-56-020).
Hit-and-run accidents often occur due to the driver fearing consequences for their actions. They may have previous warrants, be under the influence of drugs or alcohol, or not have insurance. Additionally, some hit-and-run drivers may panic and don’t know what to do, so they simply leave. Common causes of hit-and-run crashes include:
Hit-and-run car accident victims can suffer severe injuries, as the vehicles involved may be going at high speeds. This is especially true for pedestrians and bicyclists hit by a fleeing car. Injuries include:
To recover compensation for a hit-and-run accident, our personal injury law firm must demonstrate liability. This is based on the four factors of negligence:
There is no set settlement amount for motor vehicle accident cases, including hit-and-run car crashes. A reasonable settlement for personal injury claims depends on a variety of factors, such as how badly you were injured, your medical expenses, how clear the fault is, and the amount of insurance coverage available.
If the hit-and-run driver is never identified, you may have to use your uninsured motorist coverage to receive compensation for the accident. By law, you must have at least $25,000 per person or $50,000 per accident, but you can purchase higher premiums.
While you can use a settlement calculator to determine how much your personal injury lawsuit might be worth, this is an estimate, and you may receive a different amount after negotiations. Our hit-and-run lawyers will use previous Chicago car accident cases to identify fair compensation for your case and work hard to ensure you receive the maximum amount.
You may receive both economic and non-economic damages for your hit-and-run accident. Economic damages cover your financial losses, while non-economic damages consider how the accident impacted your life.
Non-economic losses are typically determined by an injury multiplier, which takes your economic losses and multiplies them by anywhere between 1.5 times and 5 times, depending on how badly you were injured.
Damages you may receive include:
You must act quickly after a hit-and-run accident to protect yourself and your legal rights. Follow these steps as soon as possible.
Our auto accident attorneys will review all information about your hit-and-run accident to get a comprehensive picture of what happened and build a strong case. This includes:
We will utilize all our resources and legally acquire information that may be hard for the average person to find. Most importantly, we’ll coordinate all conversations with third parties so you can focus on healing rather than tracking down evidence for your case.
Illinois law has a two-year statute of limitations for car crash claims (§735 ILCS 5/13-202). This means you must file a lawsuit within two years, or you will not be able to pursue compensation. Contact a hit-and-run lawyer as soon as possible after your accident to ensure we have enough time to file a lawsuit if necessary.
A Chicago car accident lawyer is a crucial ally in getting justice for your accident. It can be difficult to find the at-fault driver, even with Chicago’s many surveillance cameras and large police force.
However, we have the investigative and negotiation skills necessary to ensure your insurance company will pay even if we do not find the negligent driver. We cannot only find additional evidence that could be difficult for the average person to obtain, but we are also familiar with the insurance company’s tactics for avoiding accountability and can counter them.
Recovering from a hit-and-run can be exhausting, but we handle all third-party communication on your behalf so you can focus on your recuperation. We fight for maximum compensation and will not rest until you get the settlement you deserve.
The charge for a hit-and-run accident depends on its severity. A crash that causes only property damage can result in a Class A misdemeanor, a 1-year prison sentence, and a $2,500 fine. If there is damage of more than $1,000, the driver’s license could be suspended.
Accidents that cause injury are Class 4 felonies, while failing to report is a Class 2 felony that can result in license revocation and imprisonment for 3-7 years.
If the accident results in death, it is a Class 4 felony with a 1-3 year prison sentence, a maximum fine of $25,000, and license revocation. Failure to report is a Class 1 felony with a 4-15 year prison sentence, a maximum $25,000 fine, and license revocation.
If you have uninsured motorist coverage, then you should be covered for a hit-and-run accident. In the 2023 court case, Galarza v. Direct Auto Insurance Company, the Illinois Supreme Court ruled that you can make an uninsured motorist claim even if the victim was a pedestrian or bicyclist.
Yes, the law requires that you report any accident to the police as soon as possible. Not only is this the law, but it also proves to the insurance company that you were in an accident and explains the circumstances surrounding the crash.
Our attorneys work on a contingency fee basis, which means we deduct a percentage of your settlement for our legal fees. There is no upfront cost, and we will explain beforehand what that percentage will be.
The minimum punishment for accidents that only damage property is a Class A misdemeanor. Defendants would receive less than one year in jail, up to $2,500 in fines, and a suspended license.
A Chicago wrongful death attorney can help the deceased’s next of kin sue for damages. The Illinois Wrongful Death Act (§740 ILCS 180/0.01) explains that the surviving spouse is typically considered next of kin, followed by children, parents, siblings, and extended family.
Hit-and-run crashes can be extremely stressful, especially as they may result in major injuries and time off work. It’s crucial to have an experienced attorney on your side who can hold negligent parties accountable and help you recoup your losses.
Our law firm has helped over 5,000 personal injury clients across the country and has over 100 years of combined legal experience. With a 98% success rate, we are well-respected by our peers and are a Super Lawyers-rated firm.
Acting quickly is crucial if you want to protect your legal rights. Call us at (888) 424-5757 or use our online contact form to schedule a free consultation with our experienced hit-and-run crash attorneys.
I was involved in a hit and run car accident not too long ago. I was able to take a picture of their license plate. My neck began to hurt later in the night and I didn’t know what to do. I asked around and with the advice of a close friend, I contacted Rosenfeld Injury Lawyers and shared my story. They were very professional! They were able to find the other driver and were even able to get me a settlement to cover my medical bills.
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225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757
We also serve clients from Buffalo Grove, Evanston, Naperville, Schaumburg and throughout Illinois.
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.