Common Questions About Car Accidents in Illinois

Common questions about car accidents in Illinois include those around common causes of accidents, the amount of time you have to file a claim, and whether insurance will cover the accident. The answers to these and other key questions can help you determine what to expect following an accident and whether you can seek compensation in a claim or lawsuit.

Woman on the phone after a car crash.

To discover what options are available to you in terms of building a case, call Chute, O’Malley, Knobloch, and Turcy, LLC at 312-775-0042 to schedule a free consultation with a car accident attorney in Naperville, IL.

What Are the Most Common Causes of Car Accidents in Illinois?

According to data from the Illinois Department of Transportation (IDOT), 298,347 motor vehicle accidents occurred in Illinois in a recent year. 20% of those accidents resulted in injuries. These accidents resulted from a variety of causes, many of which involved negligence.

The following are some of the most common causes of car accidents in Illinois:

Distracted Driving

One of the biggest causes of car accidents is distracted driving. Drivers could experience numerous distractions on the road, including physical, visual, and cognitive distractions. For example, someone could become distracted while eating or drinking behind the wheel, or a driver could wind up looking at objects outside the window that take his or her eyes off the road.

Speeding

Drivers must follow posted speed limits in designated areas. If drivers exceed the speed limit, they can more easily lose control of their vehicles and collide with others. The higher the speed, the more severe the impact with other vehicles and objects.

Impaired Driving

Another common cause of car accidents is driving under the influence of drugs or alcohol. Even mild impairment can reduce reaction time and impair judgment, increasing the risk of an accident.

Reckless Driving

Drivers may also generally drive recklessly, weaving in and out of lanes or otherwise failing to drive responsibly, putting themselves and others at risk.

Drowsiness

Accidents can result from drowsy drivers who may be fatigued due to long hours on the road, a lack of sleep, or the effects of medication. Driving while fatigued is just as dangerous as impaired driving, as reaction times slow, and drivers sometimes pass out behind the wheel.

Inclement Weather

Poor weather conditions can present various hazards on the road, including rain, snow, sleet, and high winds. When these conditions develop, drivers must adjust their driving habits to adapt and maintain safe roadways. For example, drivers must drive slower during rainy and icy conditions to avoid sliding and spinning out.

Poor Road Conditions

Municipalities and governmental bodies need to maintain roadways to keep them safe for all vehicles. Potholes, cracks, and obstructions could all cause accidents, often when drivers are unable to see and anticipate them in time to avoid them.

How Long Do I Have to File a Car Accident Lawsuit in Illinois?

One of the most common questions about car accidents applies to the amount of time individuals have to file a lawsuit afterward.

Like other states, Illinois has a statute of limitations for car accidents and other injury lawsuits. This statute dictates the amount of time injury victims have to file a suit and recover compensation from liable parties. Illinois’s statute of limitations for car accidents is two years from the time of the accident or discovery of injuries, which means you may be unable to recover compensation outside this window.

However, there are circumstances when the statute of limitations may pause or extend. An example would include a case involving an injury victim who was a minor at the time of the accident. The statute of limitations for this case wouldn’t begin until the claimant turns 18. Other cases when the deadline may extend include when a victim is mentally incapacitated or if a defendant is currently out of state.

Generally, it’s in your best interest to file a claim or lawsuit as soon as possible to avoid passing the statute of limitations.

Will My Car Insurance Cover My Expenses After a Car Accident?

Illinois is an at-fault state, which means that if another party’s negligence causes an accident and injuries, victims will typically seek compensation through a third-party insurance claim with the at-fault party’s insurer.

While your own insurance company could cover damages if no one is at fault for the accident, the at-fault party’s insurer would pay out a settlement for injuries and other damages. These damages would include both economic and non-economic damages that the other party caused, including medical expenses and more.

What Compensation Can I Get After a Car Accident?

There are multiple types of compensation that can factor into a total settlement after a car accident. These include:

Economic Damages

The first type of damages to consider is economic, or monetary. Economic damages are the direct monetary losses that victims experience after a car accident. These apply to:

  • Medical bills, from hospitalization and diagnostics to long-term care
  • Physical therapy and rehabilitation
  • Property damage
  • Loss of income and earning potential
  • Modifications made to facilities to accommodate a disability, such as ramps for wheelchairs

Non-Economic Damages

You may also recover non-economic, or non-monetary, damages in a car accident claim. These aren’t as directly tangible and quantifiable as economic damages, but they can contribute to a settlement amount using certain calculation methods.

Non-economic damages include various personal losses, such as loss of enjoyment of life, disfigurement, trauma and post-traumatic stress disorder (PTSD), emotional distress, and pain and suffering.

Wrongful Death Damages

If an accident results in a person’s death, the decedent’s loved ones may recover wrongful death damages. These account for all damages leading up to and following the person’s death after an accident, including medical expenses and non-economic damages, along with burial and funeral costs.

Punitive Damages

When liable parties exhibit egregious behavior that goes beyond simple negligence, victims could also recover punitive damages. These differ from compensatory economic and non-economic damages in that they have the goal of holding defendants accountable and preventing future behavior. For example, a court may award punitive damages if a driver exhibited unusually reckless behavior, such as drinking and driving while also driving aggressively to cause a severe traffic accident.

An attorney with experience handling car accident cases will know how car accident settlements are calculated and help you determine how much compensation you may recover.

What Steps Should I Take After a Car Accident?

It’s important to know what to do following a car accident to initiate recovery and increase your chances of succeeding with a case.

1. Contact the Authorities

If you can, you should report the accident to the police immediately after it occurs if any injuries or extensive property damage result. The police can arrive at the scene and generate a police report that could confirm your account. The police could also help determine who was at fault for the accident.

2. Seek Medical Attention

Don’t wait too long to seek medical care from a healthcare professional, as your condition could worsen. This could also make it harder to prove that the accident caused your injuries. Even if your injuries appear minor with minimal symptoms, they could progress over time.

Seeing a doctor can provide you with an official diagnosis and treatment plan, as well as medical records that could support your case.

3. Gather Evidence

You should also collect sufficient evidence to build a claim or lawsuit, whether at the scene of the accident immediately after it occurred or at a later time. There are many types of evidence you could use in your case, including photos and video footage of the accident and injuries, police reports, and medical records.

4. Contact an Attorney

Consulting with a car accident lawyer is the next crucial step. In a free consultation, you can discuss a case with a lawyer. He or she may then decide to represent you in a claim or lawsuit.

When Should I Hire a Lawyer for a Car Accident Case?

You may also wonder when to hire a car accident lawyer. Typically, it’s best to consult an attorney if you believe that someone else was at fault for an accident and your injuries.

An attorney can help you with every task from collecting evidence and negotiating with insurance companies to taking your case to trial in a lawsuit. Conversely, going without an attorney can make it harder to navigate the claims or legal process, especially if you have no previous experience with car accident cases.

Want some help with a claim or suit from an experienced car accident attorney in Naperville, IL? Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC for a free initial consultation.

Tom Chute is a 1993 graduate of DePaul University College of Law in Chicago, Illinois. With over 30 years of experience in personal injury law, Tom has obtained millions of dollars in settlements and jury awards on behalf of injured clients.

Tom has earned a reputation as a leading trial lawyer in the Chicago area, and he is frequently appointed by his fellow trial lawyers to serve as an Arbitrator.

A member of the Illinois Trial Lawyers Association and The Society of Trial Lawyers, Tom is a frequent speaker at a number of professional organizations, law schools, and seminars in Illinois.

Experience: Over 30 years
Illiois Registration Status: Active

Naperville Attorney Tom Chute