Chicago Car Accident Lawyer

Experiencing a car accident can be a frightening, confusing, and often life-altering experience. When handling your physical recovery and coming to terms with what’s happened, you will likely face numerous legal issues relating to insurance claims or other legal proceedings. 

Fortunately, you don’t have to handle this situation alone. Our Chicago car accident lawyers are committed to helping auto accident victims navigate these difficult situations. 

Read on to learn more about how we handle car accident cases, what to do if you’ve experienced one, and how we can help you get the compensation and justice you truly deserve.

What Makes Us the Best Car Accident Lawyers in Chicago

The following are some examples of car accident cases we’ve successfully handled, giving you a better idea of what we’re capable of doing for our clients: 

• $175,000 Auto Accident Settlement: Married couple involved in a rear-end car accident with a teen driver.
• $616,772 Multi-Victim Car Accident Settlement: Awarded to four individuals injured in a crash involving a truck running a red light.
• $3,000,000 Pedestrian-Car Accident Settlement: Awarded to a disabled pedestrian who sustained serious car accident injuries after being hit by a vehicle.

You Have Limited Time to File a Car Accident Claim in Chicago, IL

Navigating legal proceedings after a car accident can be overwhelming, especially considering that you have limited time to file a claim. In Chicago, there’s a statute of limitations that sets specific deadlines for how long a car accident victim has to take legal action.

For personal injury or wrongful death claims resulting from car accidents, you generally have two years following the date of the incident. 

Product liability claims –those arising from a defective product that caused the car crash– must be filed within 2 years for injury claims but within 5 years for property damage claims. 

Exceptions to the Chicago Statute of Limitations

It’s essential to note that there are a few exceptions to this rule that can extend the deadline. For instance, if injured victims are under the age of 18, the countdown does not begin until they reach 18. 

Additionally, if the liable party leaves Illinois after the accident and before the lawsuit can be filed, the statute of limitations is likely to be paused while they’re out of the state. 

There are some circumstances that can shorten the deadline as well.

Failing to initiate your lawsuit within this timeline could result in the forfeiture of your right to file a claim, which would prevent you from obtaining appropriate compensation. 

Types of Cases That Our Car Accident Attorneys Handle

Our team of dedicated Chicago car accident attorneys is equipped to handle a diverse range of case types, ensuring specialized knowledge and experience can be applied to your unique situation. 

Here are some examples of the types of auto accidents we handle:

Rear-End Accidents

Rear-end accidents occur when one vehicle collides with the back end of another, commonly occurring due to tailgating or sudden braking. The impact can cause whiplash or other serious injuries, even at low speeds.

Chicago Head-On Collisions

These accidents are among the most dangerous, occurring when two vehicles collide. These often result from wrong-way driving or veering into an opposing lane, leading to severe injuries or fatalities.

Pedestrian and Bicycle Accidents

Pedestrians and bicyclists hit by cars face extreme vulnerability due to a lack of protection during collisions, making significant physical trauma almost inevitable. 

Data shows that pedestrians hit by a vehicle traveling at 20 mph survive 90% of the time. However, when a vehicle is traveling 30 mph, that drops to 50%. [1] This shows the clear danger of pedestrian accidents.

T-Bone Accidents

Also known as side-impact collisions, these auto accidents occur when the side of a vehicle is impacted by another vehicle. They are common at intersections where one driver fails to yield or runs a red light.

Roll-Over Accidents

Rollover accidents typically involve a single vehicle flipping onto its side or roof (though a second vehicle can sometimes be involved). 

Rollover crashes can be caused by various factors, including sharp turns at high speeds or structural defects in a vehicle. Due to the force involved and the potential for ejection from the vehicle, rollover accidents often lead to severe injuries. 

Hit and Run Accidents

The distress of an accident can be significantly magnified when the responsible party flees the scene. These types of accidents are incredibly dangerous – 52% of all pedestrian deaths in the first six months of 2023 resulted from hit-and-run crashes. [2]

The Most Common Causes of Car Crashes in Chicago

Auto accidents in Chicago, as in any major city, can have a multitude of causes. These collisions are often preventable and occur due to negligence or errors on the part of drivers or other parties. Understanding the most common causes can help motorists be more aware and possibly prevent future accidents. 

Here are several leading factors:

Drunk Driving

Despite strict laws and penalties, drunk driving remains a significant problem that leads to many car crashes each year in Chicago. Alcohol impairs judgment, slows reaction times, and decreases coordination—all critical for safe driving. [3]

Reckless Driving

This includes behaviors like excessive speeding and aggressive maneuvers such as weaving through traffic and ignoring weather conditions or road layouts—essentially any form of careless disregard for safety and the rules of the road, which puts everyone at risk.

A staggering 88% of traffic deaths in Chicago are linked to reckless or egregious driving behaviors such as ignoring red lights and stop signs, making dangerous lane changes or turns, wrong-way driving, and curb-jumping, often at high speeds. [2]

Distracted Driving

With smartphones playing such a large role in daily life, distractions behind the wheel have become increasingly problematic. Other than talking on the phone and texting while driving, distracted driving can occur by changing the radio, speaking to passengers, or even just daydreaming. 

Fatigued Driving

Driver fatigue is comparable to driving under the influence of alcohol or drugs. Tired drivers have slower reaction times, impaired judgment, and may even fall asleep while driving. [4]

Breaking Traffic Laws

Failing to adhere to traffic signals like red lights and stop signs is a common cause of accidents in Chicago. Similarly, not yielding when required leads to dangerous interactions at intersections. 

In the first half of 2023, nearly 25% of all traffic fatalities were caused by drivers disregarding red lights or stop signs. [2] 

Faulty Parts/Vehicle Maintenance Issues

Sometimes, a vehicle malfunction due to faulty parts or poor maintenance can lead to accidents. This could involve critical systems, such as brakes failing, tire blowouts, or engine issues that suddenly disable the vehicle on busy roads.

Do You Have a Car Accident Case?

To successfully pursue a car accident case, you must usually be able to prove that the negligence of another person caused the accident. 

To do this, you must show the following four elements:

Duty

First, you must establish that the other driver owed you a duty of care. On roads or highways, this is inherent merely by driving on the road—all drivers are expected to operate their vehicles in a reasonably safe manner to prevent harm to those around them.

Breach

Next, you’ll need to identify how this duty was breached. This typically involves proving that the other driver acted negligently, such as running a red light, driving under the influence, or texting while driving.

Causation

You also have to show a causal link between this breach and your injuries – meaning your accident and injuries were due to the other party’s behavior. For example, the other driver ran a red light and crashed into your car. 

Damages

Finally, you must present proof of your losses or damages. This could be medical bills, lost income due to time off from work, or other harm like disfigurement, pain and suffering, or emotional distress. 

Legal Liability in Car Accident Cases

In car accident cases, several parties could potentially be held responsible depending on the specifics of the incident. 

Common examples include:

The Other Driver

This is often the most obvious choice when considering legal liability in a car accident case; if the other driver broke traffic laws or was driving carelessly, they are likely responsible for your injuries.

Car or Part Manufacturers

If a vehicle defect – such as faulty brakes or airbags – caused the accident, the car manufacturer or parts maker can be held liable.

Government Entities

If the accident was due to poorly designed roadways, faulty traffic signals, insufficient signage, or lack of maintenance to the roads, it’s possible that the government agency responsible for maintaining the road may be held accountable. 

Mechanic or Repair Shop

If faulty repair work or negligence by a mechanic contributed to the accident, then they could also be held liable. 

Bars or Restaurants

Some states, including Illinois, have “dram shop” laws. These laws allow establishments such as bars and restaurants to potentially be held responsible if they overserve a patron who then causes an accident.

Employers

If a vehicle operator is executing duties on behalf of their job at the time of the collision – for example, delivery services – the employer might also be held liable under vicarious liability principles.

Vehicle Owner

There are times when a vehicle can be driven by someone who isn’t the owner—like a friend, family member, or employee. In some cases, the owner may also share liability for damages incurred in an accident even if they weren’t driving or even in the car.

Laws Governing a Chicago Car Accident Claim

Understanding the legal intricacies of a car accident claim is essential, and a Chicago personal injury attorney from our team can guide you through the complexities of intentional, negligent, and strict liability torts to ensure your rights are effectively represented. Here’s an overview of what you need to know:

Intentional Torts and Car Accidents

This category involves actions where an individual deliberately causes harm or injury to another person. For example, if a driver intentionally hits another car or pedestrian, it constitutes an intentional tort.

Negligent Torts and Car Accidents

This is the most common category in car accident claims. Negligence occurs when someone fails to exercise a reasonable level of care, leading to an accident and injury. For example, a negligent driver may cause an accident by not adhering to traffic rules, such as running a red light or speeding.

Strict Liability Torts and Car Accidents

In these cases, liability is imposed without a finding of fault. In the context of car accidents, strict liability may be applicable if a car accident is caused by a manufacturing defect in a vehicle. In this case, the manufacturer might be held strictly liable for damages, regardless of negligence.

Understanding these categories is crucial for determining the legal approach and the kind of evidence needed to support a claim in a car accident case in Chicago.

Proving Fault for a Motor Vehicle Accident in Chicago

Proving fault in a motor vehicle accident is integral to your claim. Successfully doing so requires tangible evidence that effectively demonstrates another party’s actions led to the incident. Here are common forms of critical evidence:

• Police reports
• Photographs of the motor vehicle accident scene and injuries
• Witness testimony
• Medical records showing medical treatment
• Surveillance footage

Financial Compensation That We Can Secure for Car Accident Victims

It’s important to understand that there are no predetermined or standard settlement amounts for car accident cases. The financial compensation we can secure is truly unique and depends on various details related to your individual situation. 

Some of the settlements we’ve been able to achieve include the following:

• We obtained a $7 million settlement for a pedestrian who was hit in downtown Chicago by a company car operated by a medical supplier. 
• We obtained a settlement of $2.5 million for a passenger who suffered catastrophic injuries in a rollover crash, which resulted in significant facial injuries and vision loss.
• We were able to achieve a $1 million settlement in a wrongful death case for the family of a passenger who suffered fatal injuries after being rear-ended. 

Factors Affecting Car Accident Settlement Amounts

Factors like the severity of the car accident injury, medical costs, loss of earning capacity, psychological impacts, insurance policy limits, and the defendant’s cooperation and willingness to settle will all be taken into account when calculating potential damages. 

Additionally, whether you were partially at fault for the accident and your injuries will also affect how much compensation you’re entitled to. 

In Illinois, comparative negligence applies to car accidents, meaning if you have been injured in a crash, you can still recover damages even if your actions partially contributed to the incident as long as you were less than 50% responsible. However, any awarded compensation will be reduced by the percentage of your fault for the accident.

The Most Common Car Accident Injuries

The unfortunate reality of car accidents is that they can result in a wide variety of injuries—some minor and others life-altering. Some of the most common types of injuries include the following:

• Whiplash
• Concussions and other traumatic brain injuries (TBIs)
• Broken bones and fractures
• Internal injuries 
• Spinal cord damage 
• Burns 
• Nerve damage 

Damages Our Chicago Car Accident Lawyers Can Help You Recover

If you have been in a car accident, an important factor to consider is the type of damages you should be seeking compensation for. Damages are simply losses caused by somebody else’s actions or negligence, and they fall under different categories. The most common ones include:

Economic Damages

Economic damages refer to calculable financial costs incurred from an accident, including expenses, such as: 

• Past and future medical bills
• Physical therapy costs 
• Lost wages/income potential
• Vehicle repair or replacement

Non-Economic Damages

Non-economic damages, while not directly tied to specific expenses, are vital in addressing the more intangible consequences of an accident. They include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life due to debilitating injuries
• Loss of consortium
• Disfigurement 

Wrongful Death Damages

In unfortunate instances where a loved one lost their life due to someone else’s actions, our Chicago wrongful death attorneys can help you recover:

• Medical bills and related expenses 
• Funeral and other death-related expenses
• Loss of companionship 
• Pain and suffering
• Loss of anticipated earnings/support for those who were dependent on the deceased

Punitive Damages

In Illinois, punitive damages are awarded not for compensatory reasons but to punish a defendant and deter similar conduct in the future. 

They apply when there is clear and convincing evidence that the offender demonstrated an evil motive or recklessly disregarded a high risk of harm with a conscious indifference to the rights and safety of others.

What to Do After a Car Accident in Chicago, IL

Experiencing a car accident can be frightening and confusing. Following these steps after an incident can help protect your safety and future rights:

• Seek Safety First: Move to a safe area as far away from oncoming traffic as possible.
• Call the Police: Regardless of the severity of the accident, calling the police is crucial; they will create an official report that serves as a key document in legal claims or when dealing with the insurance company.
• Exchange Information: Collect names, addresses, driver’s license numbers, and insurance details from all parties involved in the crash. 
• Document Everything: Take detailed notes and photos of every aspect, including vehicle damage and any visible injuries you sustain, and write down everything you remember as soon as possible so you don’t forget anything.  
• Obtain Witness Information: If possible, obtain contact details from everyone who was present at the accident scene.
• Seek Medical Attention: Even if you feel fine after an accident occurs, some injuries may not be immediately apparent; getting checked by a healthcare professional can identify hidden injuries and provide critical documentation.
• Notify Your Auto Insurance Company: Inform your insurance company about the accident quickly but avoid making any definitive statements or admissions until speaking with a Chicago car accident law firm or attorney.
• Consult a Car Accident Attorney: As soon as possible after the accident, consult with an experienced car accident lawyer to ensure your rights are protected, and you receive maximum compensation for damages.  

Chicago Car Accident Statistics

As one of the most populous cities in the United States, Chicago unfortunately sees a significant number of car accidents each year. Consider the following statistics:

• Two-thirds of Chicago traffic deaths involve drivers traveling at high speeds. [2]
• Over half of pedestrians killed in the city are hit by an SUV or larger vehicle.[2]
• Nearly 90% of traffic deaths in Chicago involve reckless behavior by people behind the wheel. [2]
• 5 people in Chicago suffer a serious injury in a traffic crash every day.[2]
• Every 3 days, someone dies in a traffic crash in Chicago. [2] 
• In 2021, there were 98,563 car accidents, leading to 230 deaths. [5] 
• According to the Illinois Department of Transportation, 7,486 motor vehicle accidents. [5] occurred in rainy weather, and 214 occurred in freezing rain. [5]

The vast number of auto accidents in Chicago, located in Cook County, each year underscores the importance of promoting safer driving practices and continuing efforts to create more secure roadways for the public. 

The Time It Takes to Settle a Car Accident Lawsuit

The time it takes to settle a personal injury lawsuit varies, ranging from several months to multiple years, depending on numerous factors. 

The complexity of the case, the severity of injuries involved, disputes regarding liability, and the willingness of your insurance and the other party’s insurance company to negotiate all impacts on this timeline.

Working with an experienced personal injury lawyer as soon as possible after an accident is crucial to maximizing your chances for swift and appropriate justice. They can begin gathering necessary evidence, speaking with insurance companies on your behalf, and tracking each detail necessary to build a strong case while ensuring the claim is filed within the deadline.

The Cost of Hiring a Chicago Car Accident Attorney

At Rosenfeld Injury Lawyers, we firmly believe that access to justice shouldn’t depend on your ability to afford legal representation up front. This is why our firm operates on a contingency fee basis.

Under this fee structure, you aren’t billed anything unless we successfully obtain compensation for you first—our legal fees depend entirely on securing a favorable verdict or settlement in your case. If we are successful, we take a percentage of your award, meaning you still never have to pay us anything out of your own pocket. 

Filing a Car Accident Lawsuit With Rosenfeld Injury Lawyers

Filing a car accident injury claim can seem overwhelming, but with Rosenfeld Injury Lawyers by your side, the process is streamlined to ensure you receive justice and the maximum compensation you deserve. Here’s what to expect:

• Free Consultation: During this meeting, we’ll assess the details of your accident and advise on potential legal actions.
• Case Investigation: We then proceed to an in-depth investigation of the specifics surrounding your incident. This includes gathering all relevant facts and focusing on identifying the at-fault driver and other responsible parties.
• Consulting Experts: Understanding MVA cases often requires advice from experts. We collaborate with professionals across various disciplines to strengthen your auto accident claim.
• Negotiating With Insurance Companies: We then speak to the insurance company on your behalf, striving for a settlement that rightfully compensates you without undervaluing your claims. If necessary, we will consult with the other driver’s insurance company as well as your insurance company.
• Preparing For Trial If Needed: If an insurance company denies your insurance claim, we prepare your case for trial. 

Contact a Chicago Car Accident Lawyer Today!

With experience in recovering millions for clients like you who have suffered due to others’ negligence, you can trust that we’re here to help and will provide dedicated and compassionate representation. 

Because you only pay if we are successful with your claim, you can be certain that we will work to get you as much money as possible and help you truly seek justice. Contact Rosenfeld Injury Lawyers today via our online form or call us at (888) 424-5757 to schedule a consultation with our Chicago auto accident lawyers. 

We also serve clients from Buffalo Grove, Champaign, Peoria, Rockford  and throughout Illinois.

Resources: [1] CDOT, [2] Chicago.gov, [3] NIA, [4] US News, [5] Illinois DOT