Getting into an accident (however minor) is a traumatic incident. Shock, panic, and fear are just some things you might be feeling at the time, but what you do in the first few minutes after a wreck is crucial.
Assessing your injuries, getting out of the way, calling the police, and documenting the scene are your first moves in any Chicago car accident. But don’t underestimate the importance of getting Chicago personal injury legal help, either.
With this in mind, we’re going to run through exactly what to do after a car accident in Chicago in the immediate aftermath and the days and weeks afterward.
Key Takeaways
- Ensure you get to safety, document evidence about your injuries and the scene, and report the issue to law enforcement.
- Maintain documentary evidence and all official records relating to your car accident.
- Never leave the scene of an accident in Chicago, as this is a criminal offense.
- Avoid talking about your accident to anyone other than your attorney, as anything you do or say online or offline can be used against you.
- Hire a Chicago personal injury lawyer quickly to build your case and deal with auto insurance companies in a way that doesn’t jeopardize your case.
What to Do at the Accident Scene?
Following a car accident in Chicago, you must prioritize your own safety. Get yourself and any passengers away from the vehicle and to the side of the road. Only then should you begin thinking about assessing your injuries and calling 911.
If you’re able, take photos of the scene around you, including the road conditions, road signs, and damage to all involved vehicles. This is crucial evidence your car accident lawyer can use to get you the rightful compensation you deserve later.
Plus, don’t forget to exchange information with other drivers at the scene. If there were any witnesses, it’s also worth approaching them for their details, if they’re willing to give them. According to a study done by an Atlanta based law firm, Illinois is seeing an increase in car crashes from 2012 to 2021(it’s clear the roads are getting more dangerous, and finding yourself in this situation isn’t as uncommon as you think.
What matters is that you don’t panic, and you don’t get into conflict with any other drivers involved. It’s tough, but calm heads prevail in any car accident.
If you don’t remember anything else, remember these basics. However, it’s time to delve into the ten steps to handling a car wreck in a way that keeps you and everyone else safe.
1. Make Sure Your Vehicle is in a Safe Place: Get Out of Harm’s Way
The first step of what to do after a car accident in Chicago is to get out of the way. If you can, don’t sit in your vehicle, as it’s not uncommon for other vehicles to crash into already wrecked cars. This is especially true if you’re in the middle of the road.
In the chaos of a crash, you might forget to tend your vehicle. Turn it off, put on your hazard lights, and apply the emergency brakes. According to a study from Forbes, there were almost 43,000 fatal car accidents in the U.S. in 2022, and many of these were due to multi-car pileups.
If you’re able, don’t be afraid to help any injured parties who might be struggling to also get out of harm’s way. However, if there’s evidence of serious injuries, such as a back or neck injury, never attempt to move the injured party, as you could cause more damage.
2. Assess the Injuries of All Drivers and Passengers
Examine yourself and any passengers for any injuries. Remember, you’re high on adrenaline in the immediate aftermath of a car crash, so a minor ache or bump could be a more serious injury than you expect. This can take the form of a basic visual check and asking pointed questions of your passengers.
Remember, some of the most serious injuries might not surface for a few days afterward, so it’s vital always to accept medical attention. For example, a minor head bump could actually be a concussion, but the symptoms of a concussion might not surface until hours later.
3. Call the Police
Should you call the police? The answer is always yes. Some drivers assume a witness may call law enforcement, but you can’t rely on this. The only way to ensure the police respond is to call them yourself.
Some drivers ask, “Should you call the police for a minor Chicago accident?” Again, the answer is always a resounding yes, even if it’s nothing more than a minor fender bender. The reason isn’t because there might be criminal charges to press but because they’ll be able to document the accident, which you’ll need later when consulting a Chicago car accident attorney.
4. Documenting the Scene: Photos and Witnesses
Everyone has a phone, and this gives you the power to document the scene of the accident. Photos, even poor-quality ones from a phone, are vital evidence when pressing for compensation through a car wreck attorney.
Remember, without visual evidence, it’s essentially an issue of he said, she said. You might think the documented evidence from a police car accident report is good enough, but even cops make mistakes. Having photographic evidence of the scene ensures you have valuable information your car accident lawyer can use later.
These photos provide valuable information, including:
- Damage to vehicles
- Damage to property
- Road signs
- Weather conditions
- Orientation of the vehicles when they came to a stop
There may also be witnesses in the area who can testify to what happened. Ask any witnesses if they’re willing to provide their contact details for later. Unfortunately, there’s no law compelling witnesses to offer details or give a statement, so respect that if someone chooses not to get involved.
If they’re willing to give a statement, ask them if it’s okay to record their statement about what they saw.
What specific documentation should you be getting?
The rule of gathering evidence of car accidents is that you can never have too much evidence. Document injuries, the traffic accident scene, witness statements, and the contact information of all involved drivers.
Here’s a list of the evidence you should collect, assuming your injuries enable you to do so:
- Accident Scene – Take photos of the accident scene. Capture as many angles as possible to ensure you’ve documented the orientation of the vehicles, the weather conditions, and vehicle damage.
- Injuries – Snap some photos of your injuries. It doesn’t matter how minor these are. Capture every scrape and cut, as you never know if these could evolve into more major injuries later.
- Witnesses – Collect statements from witnesses and other parties involved. Write them down or record them. Take contact details, too. Remember, witnesses have a right not to provide statements or contact details.
- Contact Information – Chicago law states that drivers must provide their information if they’re involved in a car accident. This means they must provide their contact information and details of their insurance company. It’s an offense to refuse to disseminate this information.
- Official Records – Any official documents you acquire later, such as car repair bills, insurance records, and medical bills, should be maintained, too. Keep an archive of all these records, as your Illinois personal injury attorney will want to see them when building your case.
Don’t worry about getting everything perfect. It’s not a professional photoshoot. What matters is that you’re protected by getting some photos and exchanging information. Of course, don’t put yourself in harm’s way to acquire any of this evidence. Your safety is paramount.
5. Exchange Information With Anyone Involved in the Accident
All involved drivers are required to provide certain information after car accidents. This includes your full name, address, and insurance details. It’s illegal to not provide this information and leave the scene of an accident.
So, what does the law say?
We go to 625 ILCS 5/11-402 of the Illinois Vehicle Code for this information. It states that you’ve got a legal right to provide your information to another driver, or you could face criminal charges, including fines, loss of your driving license, civil liability claims, and even mandatory jail time if the accident was fatal.
But what should you do if the other driver won’t give you their information after a car accident in Chicago? The answer is not to get aggressive because conflict won’t help the situation. The best action is to withdraw from the situation and notify law enforcement that a driver is refusing to provide their details. You might also want to take down their license plate number if they try to flee the scene.
What information to get in a car accident
You’re required to ask for several pieces of information from other drivers and provide that information yourself. These pieces of information include your name, address, insurance information, and your vehicle registration number.
6. Get Medical Care Regardless of the Severity of the Crash
Injuries are generally less severe on the roads today than at any other point in history. According to USA Today out of all car accidents in America only 1% of car crashes result in a fatality.
However, your health is the priority. Don’t assume you’re okay and then just go home as many of the most common injuries are invisible. Traumatic head injuries and muscle strains are just some of the injuries that gradually grow worse in the hours and days after an accident.
Granted, you might not have injuries severe enough to call an ambulance, but it’s important that your first destination after leaving the scene is a medical facility. Explain to the attending nurse or doctor what happened and that you’d like to be checked on.
7. Document Any Medical Treatment Related to the Accident
After your medical checkup, you’ll receive a record of your examination and condition. If you actually need medical treatment, you’ll also have more documentation to gather and record. This is critical if you’re searching for Chicago personal injury help because physical, mental, and emotional injuries are a defining factor in how much compensation you’re entitled to.
Maintain records of medical bills, including if you had to purchase prescription medication. Likewise, you should provide any insurance records from your medical care provider. Again, you can never have too much documentation. All this paints a picture of your condition and the impact of your Chicago car accident.
8. Consult an Expert Car Accident Attorney
Understandably, the last thing on your mind after a traumatic accident is contacting a Chicago car accident lawyer. You’ve probably also heard that you’ve got a long time limit to file a lawsuit, which could be years in some cases.
The thing is that you’re likely worried about medical treatment and getting your car fixed. But it’s important to call an attorney at the earliest possible opportunity. Remember, it doesn’t cost anything to get in touch with an injury attorney to tell them about your accident.
The advantage of having a Chicago car accident lawyer at the earliest opportunity is that you’re not going to let the other driver’s insurance company get ahead of you in their investigations. Calling as soon as possible lets you preserve as much evidence as possible while the memories are fresh and start building your case.
So, why else should you enlist Chicago personal injury help early in the process?
- Avoid making critical mistakes that could derail your case.
- Your attorney can advise you on what to do and what not to do.
- Focus on your medical treatment and getting your life back together while someone else handles the legal side.
Plus, it’s worth mentioning that your attorney takes control of any unwanted callers, such as from the other driver’s insurance company.
9. Inform Your Insurance Company But Be Wary of Early Settlement Offers
You’re obligated to inform your own insurance company that you’ve been involved in a motor vehicle accident. They’ll also investigate to find out who was at fault. Not informing them you were involved in an accident could invalidate your insurance.
However, insurers aren’t your friends during the legal process. You’ll likely receive calls from insurance providers asking questions and offering early settlements. This is always a trap, and it’s vital to redirect any such contact to your attorney.
Firstly, insurers aren’t asking questions for fun, even your own insurance company. They’re looking to find out what happens and potentially pin the blame on you, even partially, which could reduce your compensation award. Secondly, many are tempted by early settlement offers and immediate cash, but these offers are always well below what you could be eligible for.
Let your car accident attorney take control of the situation, and they’ll handle any and all negotiations with your insurance company.
10.Use Caution in Discussing the Incident
Here’s the thing about all personal injury cases: as the injured party, you’re responsible for proving you’re eligible for compensation.
For example, if you were minding your own business and someone plowed into the back of your car, it’s your job to establish that the other driver was negligent in how they were driving. Regardless of the circumstances, proving negligence is difficult because the other side is resisting you simultaneously.
All auto insurers want to pay out as little as possible, even if it’s an open-and-shut case. This is why every insurance company has teams of trained adjusters whose sole job is to find reasons why your case should be denied or why you were partially at fault.
Today’s insurers aren’t above using dirty tactics to use your comments and actions against you. This is why you shouldn’t post anything on social media or talk about your motor vehicle accident with anyone except your lawyer.
For example, let’s say that you were talking to your friend about your motor vehicle accident, and somehow, an adjuster got wind of this because of something they then posted on social media. They’re then entitled to haul that friend into court and force them to testify.
On the other hand, you’re free to say anything you want to your lawyer because all communications are protected under attorney-client privilege.
What Not to Do After a Chicago Car Accident?
Don’t leave the scene of an accident, don’t speak to anyone without a lawyer, don’t enter an unfair settlement agreement, and don’t try to deal with filing a car accident lawsuit on your own. Even in watertight cases, the mistakes of accident victims often cause them to miss out on what they’re owed.
Here’s what to know about what not to do after a car accident in Illinois.
Do Not Leave the Car Accident Scene
It’s a criminal offense to leave the scene of an accident without filing an accident report and exchanging details with the other driver. This could see your case being damaged, the loss of your license, financial penalties, and even jail time.
Why You Should Never Leave the Scene of a Car Accident
In short, it’s against the Illinois Vehicle Code when leaving the scene of an accident, even if it’s a minor accident. This also applies if you hit an unintended vehicle or a property. You’re still required to report the accident and exchange details, regardless of the circumstances.
Do Not Speak to the Other Party’s Insurance Company Without a Lawyer
Anything you say can and will be used against you by the other driver’s auto insurance company. They don’t care about justice or fairness. Their only priority is to pay out as little as possible, meaning if they can’t get your case outright denied, they’ll try to reduce your award by using something you said.
If you have to speak to the other party’s insurer, never do it without a car accident lawyer present, as they’ll ensure that the insurer plays by the book.
Do Not Enter Into an Unfair Settlement Agreement
Auto insurers will try to lowball you by offering an immediate cash settlement to stop you from filing a claim. Granted, most cases never see the inside of a courtroom and are settled by negotiation, but you don’t know what’s fair and what isn’t. Let Chicago car accident lawyers take the reins, and they’ll tell you whether to accept a settlement or not.
Do Not File a Lawsuit On Your Own
Trying to file a lawsuit alone without legal representation is foolish at best. Failing to manage the legal process correctly could see your case outright denied. Likewise, there are so many potential pitfalls that could reduce the size of your compensation award if you mess it up.
A Chicago personal injury lawyer should handle filing and managing your claim while you work on recovering from your injuries and getting your life back.
What are the essential "Do's and Don'ts" to follow after a car accident?
What is the legal process of filing a claim in Illinois?
Illinois is an at-fault state, giving you three options after suffering an injury in an auto accident. You can file an insurance claim with your insurance company, a claim with the other driver’s insurance company, or a personal injury lawsuit.
There are important Deadlines and Statutes of Limitations in Illinois when dealing with personal injury lawsuits. They have a two-year statute of limitations, so you’ve got two years from your crash to file. With your own insurance company, they’ll have their own limits on how long you have to report an accident and file an insurance claim.
In all cases, we recommend enlisting an attorney to handle the legal side to ensure everything is done properly. As an at-fault state, you’ve got to prove four elements to win a private personal injury lawsuit:
- The other driver had a duty of care towards you.
- The other driver breached their duty of care.
- The other driver caused your car accident injuries.
- The other driver’s actions/inactions caused injuries and losses to you.
Chicago Car Accident FAQs
Can you sue someone for a car accident in Illinois?
Yes, because Illinois is an at-fault state, meaning if someone caused you an injury, you have the right to sue them. Typically, you have a two-year statute of limitations to file your case.
How long after an accident can you file a police report in Chicago?
You have two ways to file an auto accident report in Chicago. Either file an accident report with the attending police officer or file your own accident report. If an officer doesn’t attend, such as if it’s a minor accident, you can file your case directly with the Illinois State Police online. This must be done within ten days.
What is the average settlement for a car accident in Illinois?
Settlements vary depending on the severity of your injuries and losses. Generally, a minor automobile accident could result in a settlement worth up to $10,000. However, major car accidents with severe injuries may result in six-figure sums.
