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The great city of Chicago is currently the third most populous city in the U.S. With so many people traversing through the city on a daily basis, it makes sense that accidents occur frequently as well.
Did you recently experience a collision in the city that resulted in injuries? If so, then you should get informed regarding your legal rights and options as soon as possible. In many situations, you’re eligible to receive financial compensation that will help cover losses such as the costs of your medical care, lost income, emotional distress, and more. You’ll be able to leverage this legal right if someone else caused your accident.
Do you believe someone else was at fault for your crash? If so, then it’s time to contact accident lawyers in Chicago, Illinois who can help you determine your best path forward. Learn more about how our team at Kermani LLP will fight for you after an accident below.
Common Causes of Car Accidents in Chicago
Almost all Illinois vehicle accidents have one thing in common — driver negligence. Driver error causes almost all car accidents, not just in Chicago but across the whole country. Below, we’ll go over some of the most common driver behaviors that would amount to negligence and cause the driver to be considered at fault in an accident situation.
Distracted and Fatigued Driving
One of the leading causes of car collisions in Chicago is distracted and fatigued driving. When you’re behind the wheel, even a temporary shift of focus can quickly cause you to get into a crash. Unfortunately, distractions are a pervasive threat. You could get distracted by a notification on your cell phone, a passenger, the radio, a GPS system, a snack or beverage you’re consuming, or even something going on near the road you’re traveling.
Fatigued driving happens when your drowsiness contributes to a crash. When you’re overly tired, your judgment is impaired, your reaction times are reduced, and you’re much more likely to nod off while you’re driving. As you can imagine, all of these driving behaviors could lead to an accident.
Both distracted and fatigued driving are considered negligent driving behaviors, so if you believe it could’ve contributed to your accident, then it’s a good idea to get in touch with a Chicago car lawyer about your options.
Reckless Driving
Another common cause of Chicago motor vehicle accidents is outright reckless driving. Reckless driving can include any of the following driving behaviors:
- Speeding;
- Tailgating;
- Aggressive driving;
- Running red lights and stop signs;
- Failure to yield;
- Street racing;
- Improperly switching lanes;
- Failure to use turn signals;
- Illegal passing and cutting off other drivers.
Intoxicated Driving
Another form of negligent driving happens anytime a driver chooses to get behind the wheel while intoxicated. Negligent party accountability under the law in Chicago states that intoxicated drivers are responsible for the financial damage they cause as a result of their intoxicated driving.
Drivers are considered intoxicated when they are under the influence of alcohol, controlled substances, and even prescription drugs. It is possible for a driver to get charged with intoxicated driving even if they were prescribed the drugs they took. In general, intoxicating prescriptions include a warning not to drive or operate a motor vehicle after ingesting the substance.
Understanding Car Accident Injuries
The extent of how a car accident impacts you will hinge on the severity of your injuries. Car accident injuries can range from mild to severe, and it’s important to understand that significant injuries might not have apparent and obvious symptoms immediately after the crash. Delayed symptoms might not appear for hours or even days later.
When you do have serious injuries, you may need to consider your options when it comes to filing a claim. Compensation claims can help you recover losses you suffered after the crash including lost wages, medical bills, damage to your car, emotional distress, and more depending on your specific losses.
Essential Steps After a Car Accident in Chicago
After getting hurt by another driver’s negligence, the law is on your side. To leverage car accident laws in Chicago, you will need to take specific steps. Typically, the burden of proving what happened, who was at fault, and how much you’ve lost after the accident will rest squarely on your shoulders. You’ll never automatically be entitled to compensation. You’ll have to fight for it.
Learn exactly what to do to ensure your rights are upheld throughout the handling of your car accident.
Report the Accident
First, you need to report the accident. If the situation is an emergency, then dial 911 ASAP. Do not hesitate. Otherwise, you can report a non-emergency accident by calling your local police department.
Once the police come out to the accident scene, they’ll create an official accident report. This report will prove to be valuable evidence that shows who was involved if you later seek out a claim. Police will also start an initial investigation into what happened, which could help you prove fault later.
Get Medical Care
While the police are handling the aftermath of the accident, you should get the medical care you need to start your journey towards recovery. Sometimes, you may need emergency medical help, but at other times, you may want to wait until the accident is wrapped up and then drive yourself to the hospital for a full checkup. This step is important if you want to seek out a claim later, so don’t wait to get medical treatment.
Document Your Losses
Next, you’ll want to start the evidence gathering process. To document your losses, start collecting evidence that shows what you’ve lost. This can include things like medical bills, a diagnosis from your doctor, a statement from your employer about your lost wages, and repair estimates that show how much it will cost to fix your car.
The Legal Process of a Car Accident Claim
Chicago auto accidents attorneys go through a very specific process when it comes to filing your accident claim and securing the compensation you deserve. Below, we’ll go over exactly what happens.
Filing Your Claim
First, your attorney will dive into the details of your accident and injuries to properly value your claim. Once they’ve compiled together the right evidence and documentation, they’ll officially file your claim by submitting the right paperwork.
Negotiation with Insurance Companies
The next step of the process involves insurance negotiations. Insurance company negotiations may seem innocent at the beginning, but be wary and don’t trust insurance agents. They have an incentive to minimize your payout because that will benefit the insurance company. If possible, then it’s best to have your attorney handle these conversations. Anything you say to an insurance adjuster will not only likely be recorded but could also be used against you later during your claim. For instance, if you make a seemingly innocent statement like, “I wasn’t hurt that bad”, then an adjuster working in poor faith could claim that you said you weren’t that hurt.
Going to Trial if Necessary
Nearly all claims get resolved during the negotiation process, but there may be times when it makes more sense to take your case to trial. Court representation is much different than simply negotiating with another party, so you want to make sure that you hire an Illinois accident lawyer who’s prepared for the courtroom just in case your case makes it that far. In general, the other party will only pursue a trial when they also have a strong legal team on their side.
Time Limits for Filing a Car Accident Claim in Illinois
Statute of limitations laws provide a time window in which you can file a claim after a car accident. In Illinois, you typically only have about two years from the date of your accident to seek a legal claim.
Compensation You Can Recover After a Car Accident
When someone else was negligent, you can recover compensation that matches the exact amount of your losses. Economic compensatory damages are designed to help restore you to the financial position you were in prior to the accident. These damages include all the measurable, financial losses you experience due to the collision. Non-economic compensatory damages are meant to reimburse you for the losses you endure that are more difficult to calculate. Emotional distress, for instance, or a loss of overall quality of life would be considered non-economic damages. One injury can lead to both of these losses. For example, an injury that causes permanent scarring will lead to both medical bills and emotional pain and suffering.
Why Choose Kermani LLP for Your Car Accident Case?
Are you interested in determining if you have the basis to file a claim or what your potential losses are worth? The right traffic accident lawyer in Chicago can help you unpack all the details of your situation and help you come up with a solid strategy on how to handle your accident. Before you hire an attorney, learn more about how lawyers get paid. After an accident situation, most lawyers will not charge any up-front fees. Instead, they’ll wait to get paid until you do.
You also want to try to hire the best accident lawyer in Chicago, since they’ll be your trusted legal advocate. Here at Kermani LLP, our team is confident that we can exceed your expectations when it comes to securing the best possible representation. We strive for justice, which means we’ll be willing to fight for you even if it means going to court.
Types of Car Accidents Handled by Kermani LLP
Our auto accident lawyers in Chicago handle a variety of types of car accident claims. Here is an overview of the types of situations we’re confident in handling:
- Car accidents;
- Truck collisions;
- Motorcycle crashes;
- Bicycle accidents;
- Pedestrian incidents;
- Rideshare accidents (Uber and Lyft);
- Traumatic brain injury;
- Paralysis and spinal cord injuries;
- Wrongful death;
- Delivery accidents.
Free Consultation for Car Accident Victims
At Kermani LLP, we know that you’re already struggling with significant financial losses after your car accident. That said, we don’t expect you to pay us anything upfront if you decide to hire our team of car accident lawyers in Chicago, IL. We offer free legal consultations where we listen to you explain the facts surrounding your accident and injuries. Then, we will discuss what potentially caused your crash and what evidence you’ve already secured.
If we think that you have a good chance of pursuing a successful claim, then we can help you navigate your situation. We will only get paid once you receive your settlement check.
Are you ready to get started? Schedule your consultation with our team here at Kermani LLP now to start pursuing justice and get your rightful compensation.
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Frequently Asked Questions
Is Illinois a no-fault state for car accidents?
Courtrooms in Illinois operate on an at-fault basis, which means it is not a no-fault state. When an accident occurs, courtrooms will look to determine who caused the crash, and that party will assume the legal and financial responsibility for the accident.
Illinois uses a modified comparative negligence standard, so that means you can still file a claim even if you were partially to blame for the accident. You’ll be able to seek compensation as long as you are less than 50% at fault. Your overall settlement award will be reduced based on your percentage of fault.
Who has the duty to report a vehicle accident in Illinois?
Under the law in Illinois, drivers who get involved in a motor vehicle accident that results in death, injuries, or property damage over $1,500 have a duty to report the incident to the police. Authorities will come out to the scene of the crash, issue emergency medical responders where needed, help clear away the crash debris, start an initial investigation into what happened, and file an official report.
While you don’t have a duty to report, there may be other situations where you want to report an accident. For instance, if you were in a rideshare crash or experienced enough property damage, you’re unsure if it will meet the $1,500 threshold.
How long does an insurance company have to settle a claim in Illinois?
In a typical case, an insurance company has about one month to wrap up your claim. Illinois laws require insurers to provide the necessary forms to file a claim within 15 business days of receiving the request. If any delays happen along the way, then the Illinois Administrative Code requires that insurers provide a reasonable written explanation of the delay when the claim isn’t resolved within 60 days of the date it was reported.
How can a lawyer help if I was partially at fault in a Chicago car accident?
If you were partially to blame for a car accident, then a lawyer can help you determine your options after analyzing the specific facts surrounding your crash. They’ll help you determine if your level of fault might overstep the 50% threshold, or if they think it’s still worth your time and effort to file a claim.
What are Illinois laws on texting and driving?
Illinois has precise and strict laws when it comes to talking and texting on the phone while driving. Under the law, this behavior is a traffic violation. A first-time offense could result in a penalty of up to $75. Second-time offenses will result in fines of up to $125, and a fourth offense will result in fines of up to $150. Once you receive three driving violations on your record, you could have your license suspended.
These penalties may seem steep, but texting and driving is extremely dangerous. According to Illinois State Police, texting while driving makes you 23 times more likely to be involved in an accident.
How do I get a traffic accident report in Chicago?
To officially report a traffic accident, you need to contact the Chicago Police Department at the time of the incident. If the accident is an emergency, then dial 911. Otherwise, you can contact the police on their non-emergency line. When police come to the crash scene, they will create an official traffic accident report.
If you’d like to get a copy of your police report, then you can contact the Chicago Police Department Records Customer Service Section Monday through Friday at (312) 745-5130.
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