Car Accident

Chicago’s Trusted Car Accident Law Firm

When Disaster Strikes You Need An Experienced Car Accident Attorney

When you’ve been hurt in a car accident, working with the right Chicago car accident lawyer can be the difference between a low settlement and full compensation.

A car accident can turn your life upside down in seconds. From mounting medical bills to dealing with uncooperative insurance companies, the challenges can feel overwhelming. That’s where we come in.

At Rosenfeld Injury Lawyers, our experienced Chicago car accident attorneys relentlessly pursue maximum compensation for injured victims like you. We’ve recovered over $450 million for clients and are ready to help you.

Whether you’re dealing with injuries, medical expenses, property damage, or loss of income, we’ll take the legal burden off your shoulders so you can focus on recovery. With us by your side, you won’t face this battle alone.

Keep reading to discover how we handle car accident cases, what steps to take after an accident, and how we’ll fight to get you the compensation and justice you deserve.

What Makes Us the Best Car Accident Lawyers in Chicago

Facing the aftermath of a car accident can be overwhelming, and choosing the right legal team to support you shouldn’t add to your stress.

We pride ourselves on successfully recovering over $450 million for our clients. Drawing upon our vast experience of more than 25 years, we leverage our legal knowledge to consistently yield significant outcomes that address both present and future needs.

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:

• $175,843 Auto Accident Settlement: Secured for a married couple involved in a rear-end collision with a teen driver near Wacker Drive in downtown Chicago.
• $616,589 Multi-Victim Car Accident Settlement: Awarded to four individuals injured in a crash caused by a truck running a red light at the intersection of Cicero Avenue and 63rd Street in Chicago.
• $3,007,421 Pedestrian-Car Accident Settlement: Recovered for a disabled pedestrian who sustained severe injuries after being struck by a vehicle near Millennium Park in Chicago.
• $4,125,000 Wrongful Death Settlement: Secured for the family of a passenger fatally injured during a work-related trip with his company, traveling near the Kennedy Expressway in Chicago.
• $3,175,000 Settlement for Crosswalk Accident: Awarded to a disabled man who suffered severe orthopedic injuries after being struck while crossing Michigan Avenue in downtown Chicago.
• $2,075,000 Policy Limit Settlement: Achieved for a victim who sustained critical injuries in a rollover collision on Lake Shore Drive in Chicago.

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 you have limited time to file a claim. In Chicago, a statute of limitations 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 and within 5 years for property damage claims.

Exceptions to the Chicago Statute of Limitations

It’s essential to note that a few exceptions to this rule can extend the deadline. For instance, if injured victims are under 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 will likely be paused while they’re out of the state.

Some circumstances can shorten the deadline as well.

If you fail to initiate your lawsuit within this timeline, you could forfeit your right to file a claim, preventing 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. They are commonly caused by 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 car travels 30 mph, that drops to 50%. [1] This shows the apparent 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).

Various factors, including sharp turns at high speeds or vehicle structural defects, can cause rollover crashes. Due to the force involved and the potential for ejection from the vehicle, rollover accidents often lead to devastating injuries.

Hit and Run Accidents

The distress of an accident can be significantly magnified when the responsible party flees the scene. Hit-and-run 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

As in any major city, auto accidents in Chicago can have many causes. These collisions are often preventable due to negligence or errors by 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 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

Smartphones play a significant role in daily life, and distractions behind the wheel have become increasingly problematic. In addition to talking on the phone and texting while driving, distracted driving can occur by changing the radio, speaking to passengers, or even 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.

Dangerous Roads & Intersections

Chicago is full of dangerous roads and intersections, leading to a significant number of accidents and fatalities each year. Knowing these locations can help drivers take extra caution when approaching. Some of the most dangerous intersections in the Chicago area include:

• N. Milwaukee Ave/W. North Ave/N. Damen Ave (Wicker Park): Busy three-way intersections with heavy pedestrian, cyclist, and public transit traffic increase the risk of accidents.
• S. Cottage Grove Ave and E. 79th St (Chatham): High traffic volume and poor traffic management lead to congestion and reckless driving.
• N. Cicero Ave and W. Chicago Ave (Austin): The wide roads and many lanes at this intersection often lead to speeding and other aggressive driving, such as unsafe lane changes.
• N. Dearborn St and W. Ontario St (River North): A congested downtown intersection with high foot and bike traffic makes this area particularly dangerous.
• S. Ashland Ave and W. 63rd St (Englewood) is a busy commercial center with increased pedestrian activity due to the nearby Green Line stop.
• N. Cicero Ave and W. Madison St (Austin): Congested intersection with heavy traffic flow and multiple lanes.
• N. Halsted St/N. Lincoln Ave/W. Fullerton Ave (Lincoln Park): The complex layout near DePaul University causes visibility issues and risky driving.
• N. Elston Ave/N. Western Ave/W. Diversey Ave (Logan Square/Bucktown): The convergence of three major streets leads to confusion and congestion.
• N. Ashland Ave and W. Cortland St (Bucktown): The irregular layout under the I-90 overpass creates challenges for all road users.
• E 95th St & S Stony Island Ave (South Side): Busy shopping plaza area with 160 crashes in two years, leading to 1 death and four serious injuries.
• W Garfield Blvd & S Wentworth Ave (South Side): High injury rate, with 141 crashes causing six serious injuries and 55 total injuries in two years.
• W Garfield Blvd & S Wells St (South Side): Intersection with 131 crashes over two years, resulting in 4 serious injuries and 42 total injuries.
• N Michigan Ave & E Wacker Dr (The Loop): Downtown intersection prone to distracted driving crashes, with 125 accidents and three serious injuries over two years.
• Lincoln and Clark: A hazardous T-intersection lacking bike lanes, endangering motorcyclists, bicyclists, and pedestrians, particularly during heavy traffic.
• Stony Island Avenue at South Chicago Avenue: A complex diagonal intersection with six lanes meeting 79th Avenue, creating high-risk conditions.
• Cicero Avenue and 127th Street: The on-ramps and off-ramps make this intersection particularly dangerous.
• Kedzie Avenue at Belmont Avenue: A confusing layout near diagonal one-way roads and a Kennedy Expressway underpass increases the risk of accidents.
• Milwaukee Avenue: High motorcycle crash rates, especially between North and Division, due to constant merging, poor road conditions, and aging infrastructure.
• La Grange Road at I-80 Westbound Ramp: Confusion over right-turn rules for the two ramp lanes often leads to rear-end collisions.

Some of the other most dangerous roads in Chicago for the year 2023 include:

• Halsted Street – 50 Serious Crashes: A major road with 50 crashes in 2023, causing eight fatalities and 77 injuries due to its high traffic volume and length.
• Pulaski Road – 60 Serious Crashes: Busy north-south route with 60 crashes, four fatalities, and 97 injuries in 2023, particularly near highway exits/entrances.
• Western Avenue—59 Serious Crashes: Chicago’s longest continuous road saw 59 crashes in 2023, leading to 4 fatalities and 93 injuries. This was due to its extensive reach and heavy usage.
• Cicero Avenue—58 Serious Crashes: This crucial freight and commuter corridor had 58 crashes in 2023, causing four fatalities and 79 injuries; a safety study is underway.
• State Street—29 Serious Crashes: This iconic downtown and South Side road had 29 crashes in 2023, leading to 3 fatalities and 60 injuries. These incidents highlight the risks in high-traffic urban areas.

Do You Have a Car Accident Case?

To successfully pursue a car accident case, you must usually be able to prove that another person’s negligence 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 reasonably safely 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.

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 at-fault 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. These could include medical bills, lost wages due to time off from work, or other harm, such as disfigurement, pain and suffering, or emotional distress.

Legal Liability in Car Accident Cases

In car accident cases, several parties could 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 manufacturer can be liable.

Government Entities

Suppose the accident was due to poorly designed roadways, faulty traffic signals, insufficient signage, or lack of road maintenance. In that case, the government agency responsible for maintaining the road may be held accountable.

Mechanic or Repair Shop

If a mechanic’s faulty repair work or negligence contributed to the accident, 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

Sometimes, a vehicle can be driven by someone other than the owner—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 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 reasonable 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 car accidents, strict liability may apply if a manufacturing defect in a vehicle causes the accident. 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 demonstrating the at-fault 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 and medical expenses
• 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 unique and depends on various details related to your 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.
• We obtained a settlement of $1.6 million for a victim who suffered a herniated lumbar disc requiring fusion surgery after a rear-end collision on I-94 near downtown Chicago.
• We secured a $449,000 settlement for a woman who suffered facial injuries when her head struck the windshield during an accident on State Street in Chicago.
• We achieved a financial recovery of $350,000 for a woman who fractured her leg after being struck by a taxi cab making a left-hand turn near Navy Pier in Chicago.
• We obtained a $250,000 uninsured motorist settlement for a woman injured in a hit-and-run crash at the intersection of Cicero Avenue and Madison Street in Chicago.

Factors Affecting Car Accident Settlement Amounts

When calculating potential damages, factors such as the severity of the car accident injury, medical expenses, loss of earning capacity, psychological impacts, insurance policy limits, and the defendant’s cooperation and willingness to settle will all be considered.

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

In Illinois, comparative negligence applies to car wrecks. 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: Whiplash often occurs when a sudden, forceful jolt causes your neck to snap back and forth. It can lead to persistent pain, stiffness, headaches, and reduced mobility, often requiring physical therapy to fully recover.
• Concussions and other traumatic brain injuries (TBIs): A concussion or more severe traumatic brain injury (TBI) happens if your head strikes an object or is forcefully shaken upon impact. Symptoms might include dizziness, memory problems, and changes in mood or behavior.
• Broken bones and fractures: These injuries can result from direct impact with a steering wheel, dashboard, or solid objects inside the vehicle. They could also occur if a person is ejected from the vehicle. Severe breaks can require surgery and long-term rehabilitation.
• Internal injuries: Internal organs like the lungs, kidneys, or spleen may be harmed in high-impact collisions. Internal injuries can go undetected if a person isn’t checked out by a doctor after the accident. Even if you think your injuries are minor, it’s important to seek medical treatment.
• Spinal cord damage: Damage to the spinal cord can range from mild nerve compression to complete paralysis below the injury site. These injuries often necessitate extensive physical therapy, and they can dramatically alter a person’s day-to-day life.
• Burns: Fires, explosions, or contact with hot fluids or surfaces during a crash can lead to burn injuries, sometimes requiring surgeries or grafts. Severe burns increase the risk of infections, nerve damage, and scarring.
• Nerve damage: A serious accident can lead to nerve damage, numbness, tingling, or loss of function in certain areas. Treatment can involve surgery, physical therapy, and, in some instances, long-term pain management.

If you’ve been hurt in a car accident, it’s important to consult with a medical professional and gather evidence to preserve your legal rights. Contact our Chicago car accident lawyers today.

Damages Our Chicago Car Accident Lawyers Can Help You Recover

After the initial steps of ensuring safety, you can take specific actions to strengthen your car accident claim and maximize its value. Here’s how to position yourself for the best possible outcome:

1. File a Police Report (Required by Illinois Law)

Under Illinois law (625 ILCS 5/11-406), you are required to file a police report for accidents resulting in injury, death, or property damage exceeding $1,500. This official documentation serves as a neutral account of the incident and can be instrumental in negotiating with insurance companies or presenting your case in court. Ensure the report accurately reflects the details of the accident and request a copy for your records.

2. Gather Comprehensive Evidence

Even if you documented the scene immediately after the accident, continue to collect evidence as your case progresses. This includes:

• Repair estimates or invoices for vehicle damage.
• Detailed medical records and bills related to your injuries.
• A journal documenting how the accident has affected your daily life, including pain, mobility limitations, or emotional distress.

The more detailed your evidence, the easier it will be to substantiate your claim.

3. Track All Accident-Related Expenses

Document every expense related to the accident, including:

• Medical treatment (co-pays, prescriptions, therapy).
• Lost wages due to missed work.
• Transportation costs for medical appointments.

These records can significantly increase the value of your claim by showing the full extent of your financial losses.

4. Avoid Discussing the Accident Publicly

Refrain from posting about the accident on social media, as insurance adjusters may scrutinize your posts to minimize your claim. Similarly, avoid giving recorded statements to the other driver’s insurance company without first consulting your attorney.

5. Seek Ongoing Medical Treatment

Insurance companies may try to argue that gaps in treatment indicate your injuries weren’t severe. Follow through with all recommended treatments and attend follow-up appointments. Consistent care not only supports your recovery but also strengthens your claim by documenting the severity and duration of your injuries.

6. Consult an Experienced Car Wreck Attorney

Navigating the legal and insurance processes on your own can lead to undervaluing your claim. A skilled car accident attorney will:

• Help you understand the full scope of damages you’re entitled to claim, including pain and suffering.
• Negotiate with insurance companies to ensure you’re not pressured into accepting a low settlement.
• Build a strong case if litigation becomes necessary.

By following these steps, you can maximize the value of your car accident claim and protect your rights. Contact an experienced car accident attorney to schedule a free consultation and get the compensation you deserve.

Chicago Car Accident Statistics

As one of the most populous cities in the United States, Chicago unfortunately sees many car accidents each year, according to 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 number of auto accidents in Chicago and Cook County underscores the importance of promoting safer driving practices and continuing efforts to create more secure roadways for the public each year.

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 motor vehicle accident case, the severity of injuries involved, disputes regarding liability, and the willingness of your insurance company and the at-fault party’s insurance company to negotiate all impacts on this timeline.

Working with an experienced Chicago 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 unless we successfully obtain compensation for you. Our legal fees depend entirely on securing a favorable verdict or settlement in your case. If we are successful, we will take a percentage of your award, meaning you will never have to pay us anything out of pocket.

Filing a Car Accident Lawsuit With Rosenfeld Injury Lawyers

Filing a car accident injury claim can seem overwhelming. Still, with Rosenfeld Injury Lawyers by your side, the legal 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. We will consult the other driver’s insurance company and your insurance company if necessary.
• Preparing For Trial If Needed: If an insurance company denies your claim, we prepare your case for trial.

Contact a Chicago Motor Vehicle Accident Lawyer Today!

Securing justice and rightful compensation following an auto accident is both necessary and challenging. Rosenfeld Injury Lawyers prevents the legal process from adding to your stress, offering free consultations to evaluate your situation thoroughly without any financial risk.

With experience recovering millions for clients like you who have suffered injuries due to others’ negligence, we can assure you 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.

Car Accident FAQs

How Do I Know I Am Hiring the Best Car Accident Attorneys?

Finding the best Chicago auto wreck lawyer for your case is one of the most important steps you can take after an accident. Here’s what you need to look for:

No Fee Unless You Win: Top car accident lawyers work on a contingency basis, meaning you only pay if they successfully secure compensation for your case.

Responsive: Exceptional car accident and personal injury attorneys promptly return calls and emails, keeping you informed.

Experience with Your Type of Case: You need a motor vehicle accident lawyer specializing in the type of car accident case you’ve been involved in.

Positive Case Results: Look for a Chicago car wreck attorney with a track record of obtaining fair compensation through settlements and verdicts in similar personal injury cases in your jurisdiction.

Free Consultation: The best Chicago car accident lawyers offer an initial meeting at no cost, allowing you to discuss your accident without financial pressure.

Resources: The best lawyers have access to a network of experts, investigators, and legal resources in the Chicago area to build a strong case on your behalf.

Choosing the right car wreck lawyer involves evaluating these qualities to ensure you receive the best representation.

Can I Recover Compensation if I Was Partially at Fault for a Car Accident in Chicago?

In Illinois, the comparative fault rule allows injured parties to recover compensation in a car accident claim even if they are partially at fault for the auto accident. If you’re less than 50% responsible, you can still recover damages, but your percentage of responsibility will reduce.

For example, let’s say a driver is on Lake Shore Drive, which often becomes congested during rush hour. An accident might involve a driver running a red light and another speeding. If Driver A runs the red light and is 70% at fault, and Driver B is speeding and is 30% at fault, driver B can still file an auto accident lawsuit and obtain financial recovery. They would be entitled to 70% of the awarded damages for their car accident injuries.

What Happens if I Am Hit by a Commercial Vehicle in Chicago?

Determining liability involves several factors if you’re hit by a commercial vehicle in Chicago. The company that owns the vehicle, the driver, and sometimes the manufacturer of the truck or its parts can be held responsible.

For example, in accidents involving delivery trucks downtown or near industrial areas, liability might fall on the company for inadequate training, the driver for negligence, or third parties if faulty equipment contributed to the crash.

Should I Talk to the Insurance Company After a Car Accident in Illinois?

After an auto accident in Chicago, it’s important to be cautious when talking to insurance companies. Insurance companies and adjusters often try to settle quickly with lower offers, which might not fully cover your damages from the car crash.

Consulting with a local car accident attorney before speaking to any insurance representatives can help protect your rights and ensure you receive fair compensation. A local car accident attorney understands Chicago’s insurance company practices and can guide you through the claim process.

What Should I Do If the Insurance Company Denies My Car Accident Claim in Chicago?

If an insurance company in Chicago denies your car accident claim, it’s important to understand common reasons, such as disputes over fault, insufficient evidence, or policy exclusions. To effectively challenge the denial, car accident victims should carefully review the insurer’s response to identify the reasons for rejection.

Next, gather all relevant documentation related to the auto accident, including police reports, medical records, and witness statements, to support your serious car accident case. Consulting with an experienced car accident lawyer is crucial, as they can help you navigate the appeals process and negotiate with the auto insurance company to seek the compensation you deserve.

Does a DUI Automatically Prove Fault in a Chicago Car Accident?

Driving under the influence does not automatically assign fault in a Chicago car accident. While it is a serious offense and a significant factor, Illinois courts require a thorough examination of all circumstances surrounding the auto accident. For instance, in nightlife-heavy areas like River North, accidents on weekend nights might involve multiple contributing factors, such as distracted driving or pedestrians stepping into the street.

To establish liability in a car accident lawsuit, the injured party must demonstrate that the other driver’s intoxication directly caused the accident. This means gathering evidence and working with legal professionals to prove that impaired driving was the primary reason for the car crash.

What Happens if an Uninsured Driver hits me in Chicago?

If an uninsured driver hits you in Chicago, uninsured motorist coverage can help protect you financially. This type of coverage is part of many auto insurance company policies. It allows you to receive compensation for medical expenses, lost wages, and other damages after a car crash, even if the at-fault driver lacks coverage from an insurance company.

Additionally, you may have the option to pursue a personal injury lawsuit against the uninsured driver with the help of a personal injury law firm. However, this can be challenging if the other driver has limited assets.

Why Should I See a Doctor Immediately After a Car Accident in Illinois?

Seeing a doctor right after a serious car accident in Chicago is crucial for your health and your car accident claim. Immediate medical attention ensures that any car accident injuries injuries are properly documented. This medical evidence is essential when filing insurance claims or pursuing legal action, as it verifies the extent of your injuries and supports your case.

Delaying treatment can not only worsen your health but also weaken your ability to prove that the accident caused your injuries, potentially reducing your car accident claim worth.

Is the Rear Driver Always at Fault in Chicago Rear-End Collisions?

In rear-end collisions in Chicago, the driver behind the wheel is not always at fault for the car crash. In busy areas like the Eisenhower Expressway, stop-and-go traffic can create complex situations, where sudden stops by the lead driver or vehicle malfunctions like brake light failures contribute to car accidents in Chicago.

Additionally, if the lead driver made an unexpected maneuver or failed to signal a lane change, the rear driver might not be entirely responsible.

Can I Sue a Company If Their Employee Hit Me in Chicago?

You can often sue a company if their employee hits you in Chicago through the legal principle of vicarious liability. In Illinois, employers may be held responsible for their employees’ actions within the scope of their job duties. An auto accident attorney can help you.

What Should I Do After a Car Accident in Cook County?

After a car accident in Cook County, auto accident victims should start by ensuring everyone’s safety and moving vehicles to the side to avoid further accidents or backing up traffic. Call 911 immediately to report the accident and seek medical assistance if needed. Exchange contact and insurance company information with the other driver, and take clear photos of the scene, including nearby intersections and any damage to the vehicles.

Gather witness contact information from bystanders and document all details, such as the time, location, and traffic conditions on busy streets like Lake Shore Drive. Notify your auto insurance company promptly and consider consulting local Chicago car accident lawyers to protect your rights.

How Can I Prove the Other Driver Was Distracted in a Chicago Car Accident?

Evidence such as cell phone records, eyewitness accounts, or dashcam footage can prove that another driver was distracted in a Chicago car accident. Traffic cameras near landmarks like Millennium Park can also provide valuable proof. A motor vehicle accident attorney will help you gather the appropriate evidence.

How Can Traffic Camera Footage Help My Case in Chicago?

Traffic camera footage in Chicago, particularly in busy areas like the Loop or along major roads, can be critical evidence if you’re involved in a car accident. This footage can show how a collision occurred, providing evidence of traffic violations or other behaviors that occurred right before the incident, which can help determine who is responsible.

Authorities, drivers’ insurance companies, and courts often weigh clear video documentation more heavily than someone’s account of what took place – people’s memories are sometimes wrong or biased, whereas clear video footage is objective.

Can I File a Lawsuit Against the City of Chicago for Poor Road Conditions?

If you suffer injuries or vehicle damage because of potholes, unclear signage, or poorly maintained streets in Chicago, you might be able to file a car accident lawsuit against the city. However, government entities have certain legal protections that private individuals don’t, and there are strict notice requirements and filing deadlines for these personal injury claims. Your best option is to reach out to a Chicago auto wreck attorney as soon as possible to discuss your injuries and determine if a personal injury claim is viable.

What Happens if I’m Hit by a City of Chicago Vehicle?

If you’re injured in an accident with a Chicago city vehicle (such as a CTA bus or a police car), you need to document the incident carefully. Take photos, gather witness information, and get medical care if you’re hurt. Like other municipal personal injury claims and insurance claims, these types of cases follow special rules and deadlines, so it’s best to consult an auto accident lawyer who knows how to handle government-related accident claims.

How Are Car Accident Settlements Affected by Chicago Traffic Patterns?

Heavy traffic in Chicago can cause pileups or chain-reaction crashes, making it challenging to pinpoint individual fault in some instances. You will need detailed evidence for your lawsuit or insurance claim, like witness statements or traffic camera footage, to prove who was responsible. Because insurers often dispute responsibility in multi-car situations, finding a car crash attorney who understands Chicago’s busy roads and how they contribute to accidents can make a big difference in your settlement.

Can I Sue for an Accident Caused by Chicago Construction Zones?

If you are in a car accident in Chicago because a construction zone on a busy road – like Michigan Avenue – was poorly managed or set up improperly, you may have the option to seek compensation from the construction company or government entity responsible. Various parties share a duty to maintain safe roads, and if they fail to do so, they can be held liable for resulting accidents. Again, it’s important to act quickly, as claims involving government agencies have strict filing deadlines. Contact a Chicago motor vehicle accident attorney as soon as possible to obtain fair compensation.

Hire A Car Accident Law Firm Near You

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

Get Help From An Experienced Car Accident Attorney Serving Chicago

Working with a Chicago car accident lawyer near you, who is familiar with Illinois car accident law can help you get fairly compensated. Common car accident injuries often result in lost wages, medical expenses, and long-term health issues, making it essential to understand the worth of your car accident claim. Whether you’re dealing with a drunk driving accident, a negligent driver, or hazardous road conditions, hiring the right personal injury attorneys is critical. With over 25 years of experience, we proudly serve all of Cook County, Illinois. Our familiarity with the area helps us assess accident scenes and determine the key factors influencing your car accident claim’s value.

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“My father and I were in a car accident. We were hit from the back, and the car was in bad shape. After reaching out, we found this lawyer, Johnathan. He was very helpful to us. Thanks very much!”

— Jlynn Taylor

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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.