What should you do after a car accident in Chicago?
Get medical care, then protect the claim. A serious car accident needs to be investigated as soon as possible to find every responsible person or business and every cause.
- Call 911, and get the crash report number from the Chicago Police or the Illinois State Police
- See a doctor the same day, even if you feel fine, and keep every appointment
- Photograph the vehicles, the scene and your injuries, and get witness names
- Report the crash to your own insurer, but do not give the other driver’s insurer a recorded statement before you talk to a lawyer
Our car accident checklist for Chicago walks through each step.
What causes serious car accidents?
We investigate every possible cause, because the cause decides who pays. Common causes include
- Alcohol use and drunk driving
- Failure to yield the right of way
- Improper lane usage
- Tailgating
- Driver fatigue, or falling asleep at the wheel
- Road rage
- Brake failure, a tire blowout or defective vehicle maintenance
- An unsafe road condition
- An unsafe safety system or warning device
What injuries do serious car accidents cause?
Until it happens to you or someone in your family, it is hard to understand how suddenly a car accident can change your life. Serious crashes cause injuries such as
- Amputation
- Brain damage and closed head injury
- Crush injuries
- Multiple broken bones
- Paralysis and spinal cord injury
- Vision loss, such as double vision
- Wrongful death, covered on our wrongful death page
Who pays after a car accident in Illinois?
Illinois is an at-fault state. The driver who caused the crash, and that driver’s insurer, pay for the injuries. Others can share responsibility, such as an employer whose driver was working, a company that failed to maintain a vehicle, or the maker of a defective part. See determining fault in Illinois car accidents and car accident liability in Illinois.
If you were partly at fault, you can still recover as long as your share is 50% or less, but your damages are reduced by that share, under 735 ILCS 5/2-1116.
What if the other driver has little or no insurance?
Illinois only requires $25,000 of liability coverage per person and $50,000 per crash, under 625 ILCS 5/7-203. That rarely covers a serious injury. Two other sources often matter more.
- Uninsured motorist coverage. Every Illinois auto liability policy must include it, under 215 ILCS 5/143a, for crashes with uninsured and hit-and-run drivers. Disputes over it generally go to arbitration, not a jury.
- Underinsured motorist coverage, when your policy has it, which can pay the difference when the other driver’s limits are too low.
Your own insurer does not always pay willingly. The firm obtained a $1,500,000 settlement for an executive left with double vision after a crash, when the corporate fleet insurer refused to pay under the uninsured motorist policy. Past results do not guarantee a similar outcome.
What about Uber and Lyft accidents?
Rideshare crashes add another layer of insurance, and which policy applies depends on whether the driver had the app on and had a passenger. Read how Illinois laws affect Uber accident claims and how to sue Uber after a car accident in Illinois.
What compensation can you recover after a car accident?
Economic and non-economic damages can include
- Medical bills, and future medical bills
- Lost wages, and future earnings
- Pain and suffering
- Sorrow and mental suffering
- Loss of quality of life
For typical ranges and how insurers value claims, see car accident settlement amounts in Illinois and how pain and suffering is valued.
How long do you have to file a car accident lawsuit in Illinois?
Generally 2 years from the crash, under 735 ILCS 5/13-202. A claim against the City of Chicago or another local government generally must be filed within 1 year, and a claim against the CTA within 1 year. See the auto accident statute of limitations in Illinois.
Why hire Hoey, Farina & McMahon as your Chicago car accident lawyer?
You need a personal injury attorney experienced in litigating serious car accident claims to help you recover medically and financially. Our car accident lawyers, investigators, paralegals and legal assistants work to protect your rights and get the results you need. The firm obtained a seven-figure settlement for a driver with closed head injuries who was hit on the shoulder of the road by a company driver who admitted he likely fell asleep.
Hoey, Farina & McMahon charges no upfront fees, so there is no financial burden to retaining a car accident lawyer. We collect a fee only after we obtain a settlement or verdict for you. No fee unless we win.
