Chicago Car Accident Lawyers

What are the Common Causes of Car Accidents in chicago?

The first thing Chicago car accident attorneys will do when you reach out about your case is attempt to determine what caused your car accident. Identifying who or what is at fault will aid you in determining your legal options.

Typically, if the other driver or another third party was at fault, then you can recover damages by filing a legal claim for compensation. Car accident claims in Illinois are handled on an at-fault basis, so whoever caused the crash will be legally responsible for paying for the losses. Car accident claims in Illinois also utilize a modified comparative negligence standard, which means injured victims can file a claim as long as they are less than 50% at fault for the collision.

If you were primarily to blame for your accident, then your options for recovery will be limited. Similarly, if the cause wasn’t someone else’s negligence, then you won’t have recourse. Below, we’ll go over some of the most common causes of car accidents and outline whether the scenarios could lead to a claim or not.

Driver Negligence

Most Chicago car accident cases revolve around driver negligence. A negligent driver is a driver who isn’t upholding their proper duty of care towards other motorists. They could be engaging in risky behaviors like drunk driving, or they could simply make an error by committing distracted driving after looking down at a text message.

While no one is a perfect driver, it’s necessary to remain as alert and present as possible when driving. Even one mistake could have a tragic and devastating impact.

One driver’s recent decision to run a red light in Chicago’s Southwest Side resulted in his death after another car struck him in the intersection.

Common examples of negligent driving include speeding, failure to obey traffic signals and signs, failure to give someone else the right of way, and driving while fatigued or distracted. In Chicago, the negligent driver will be considered the at fault driver, meaning they’ll be held legally responsible for the fallout of the crash.

Road Conditions

Road conditions also often contribute to car accidents here in Chicago. Poor road infrastructure, like poorly maintained roads, potholes, or a lack of proper signage, can lead to a serious car wreck. Uneven surfaces and construction zones also heavily contribute to accidents in the city. Since government agencies are responsible for road upkeep, it might be possible to seek coverage from the government if you experience a crash caused by poor road conditions.

Weather Conditions

Another common cause for traffic incidents in Chicago is weather conditions. Rain, snow, ice, and heavy fog all contribute to thousands of crashes every year. Unfortunately, your options for recovery after an auto accident that’s caused by adverse weather will be limited. You might have some form of coverage under your own car insurance policy, but that would be one of your only options unless something else contributed to the crash.

Mechanical Failures

Mechanical failures, like tire blowouts, engine malfunctions, or break failure incidents, contribute to hundreds of motor vehicle accidents in Chicago each year. When car parts do not operate as intended, the driver loses control of the vehicle. This loss of control often leads to rear end accidents, but it could also cause a serious rollover, front-end crash, or another type of incident. Under these circumstances, the part manufacturer might be responsible for covering your losses.

Other Factors

One important factor to consider is your own percentage of fault in the crash. In Illinois, comparative negligence means you’ll only be able to file a claim if you were less than 50% to blame.

Some car crashes are the result of intentionally violent incidents. In a recent shocking case, a car directly collided into an apartment building that was housing seniors and people with disabilities, causing a full-scale evacuation. The driver was reportedly fleeing from gunfire at a nearby gas station, and his panicked state led to the incident. Road rage can also lead drivers to make mistakes and get into accidents. In these types of situations, a personal injury attorney can help you determine your legal options. Aggressive driving is negligent driving.

Inexperienced drivers also contribute to a massive amount of accidents. If the driver is still learning, the licensed driver may be the party who is considered at fault for a collision, since they were in charge of coordinating the driving lesson.

Consequences of Car Accidents

Most car crashes result in some form of property damage to both vehicles, but that’s only one of the many consequences of the incident. When one or more of the motorists suffered injuries, the consequences of the crash can quickly compound into a serious situation with long-term losses. For those seeking comprehensive legal assistance, consulting with Chicago personal injury lawyers can provide valuable guidance. In these cases, it’s a good idea to consider filing a Chicago car accident claim to recover from the ordeal. Below, we’ll go over some of the consequences you need to consider after experiencing an accident in Chicago.

Physical Injuries

The most apparent consequence of a motor vehicle accident is the personal injury suffered by you or your passengers. Some of the most common car accident injuries include whiplash, spinal cord damage, traumatic brain injuries, fractures, bruises, sprains, strains, and broken bones.

The extent of your physical injuries will play a major role in your case, and in general, the more severe injuries you have, the bigger your claim will be. When a crash causes a catastrophic injury, like in a truck accident case, the victim may never fully recover from the injury. They could even be permanently disabled.

Even worse, some motor vehicle and truck accidents lead to fatal injuries. If that happened to your loved one, then you might have the basis to file a wrongful death claim on their behalf.

Emotional and Psychological Impact

Depending on the circumstances under which the accident happened, you could have significant emotional and psychological trauma that prevents you from fully enjoying your life like you did before. Auto accidents that result in life-long or long-term injuries can have a similar mental impact on victims, potentially resulting in the development of conditions like high anxiety and even PTSD.

Financial Burden

On top of the injuries and emotional distress, accidents also result in a significant financial burden on the injured victim. You’ll likely incur immediate losses in the form of medical bills and property damage. Then, you might endure significant future medical costs with a serious injury. Your condition might also prevent you from being able to return to work right away, especially if you’ll require rehabilitation and significant therapy before getting back to work. This undue financial strain can all be traced back to the other driver’s negligent behavior.

The Legal Process for Car Accident Victims

After experiencing a car accident that wasn’t your fault, it makes sense that you should be able to leverage the law to file a car accident lawsuit and get compensation for your losses. Personal injury law in Illinois allows you to do so, but you need to know what to do after a car accident to ensure your rights are upheld. Since most Chicago residents aren’t legal experts, it’s typically worth it to invest in hiring a car accident attorney who can provide you with all the information you need to file a successful claim. Below, we’ll go over what to expect as you go through the legal process of filing a claim.

Initial Consultation

When you reach out to the advocates here at DJC Law, we’ll listen to you go over all the details about your car crash and car accident injuries. We really want to understand how the collision has personally impacted you and your family.

Next, we’ll listen to you explain what you think caused the crash. We can help you identify the potentially at fault party based on your accounts, but we’ll later work towards fully investigating the situation and securing evidence to back up who was responsible. Based on all the information we learn during this first meeting, we’ll advise you on whether we think you have the basis for a solid car accident claim or not. From there, you can make an informed decision on how to move forward.

Investigation

The next phase our car accident lawyers will take is investigating how the accident occurred and what happened at the accident scene. We’ll diligently look to collect as much evidence in your car crash claim as possible. Potential evidence in your car accident case might include your medical records, police reports, dashcam footage, eyewitness accounts, or investigative reports and analysis from experts.

Filing a Claim

Next, our injury lawyers will officially file your claim. Your attorney’s assistance from the beginning will help ensure that your claim is as strong as possible, increasing your chances of achieving fair compensation.

In Illinois, statute of limitations laws give you up to two years to file your lawsuit and serve the defendant in personal injury and wrongful death cases.

Insurance Claims

After receiving your claim, the other driver’s insurance company may attempt to contact you. Any time you receive a call from an auto insurance company, even if it is your own, after a crash, it’s a good idea to have a Chicago car accident attorney advise you on what to say first. A poorly worded statement to an insurance company adjuster could give the agent enough evidence to destroy your chances at compensation. Since an insurance claim requires you to understand policy limits, coverage details, and more, it’s best to let your attorney overlook your policy or the other party’s liability insurance policy before making a decision on how to answer their questions.

Litigation

Next, your personal injury claim will enter into the litigation phase. This could involve several pre-trial motions. The other party will have ample time to review your claims and look over your evidence. They might provide you with an initial settlement offer (https://teamjustice.com/should-i-take-the-first-offer-of-a-car-accident-settlement/), but it’s important to run any offers by an experienced car accident attorney before accepting them. Once you accept an offer, you won’t be able to go back and collect additional compensation later. For that reason, negotiating a fair settlement is a crucial part of the process.

Most car accident cases are resolved during the negotiation process, but not all of them. If the other party isn’t negotiating fairly, then your attorney will help you prepare your case for court.

Settlement Tactics

The right car accident lawyer will know the value of your claim before beginning to negotiate with the other party. Knowing your car accident claim’s worth will ensure you properly evaluate settlement offers and only accept a car accident settlement that fully covers the extent of your losses. You can accept either one massive lump sum payment or multiple payouts in a structured settlement arrangement.