Illinois Automobile Accident Attorneys
When a car accident causes severe injuries that put the brakes on your ability to work and provide for your family, moving forward with your life can be challenging. Concerns about how you’ll pay for your medical treatments and medications, when or if you’ll be able to get back to work, and how you’re going to put food on the table can quickly become overwhelming. These worries, especially when combined with your struggle to heal, can make it difficult to think clearly and make informed decisions when trying to settle a car accident claim. You need a Illinois car accident lawyer who will shoot you straight, deliver sound legal advice, and fight to get you a fair settlement. That’s where the injury lawyers at Martay Law Office come in.
Let an experienced car accident lawyer at Martay Law Office help you recover after your auto accident. Call 312-372-9022.
We Help Victims Move Forward After Auto Accidents
At Martay Law Office, our personal injury attorneys understand the impact that severe or catastrophic injuries have on the life of a car accident victim. When you are struggling to recover from your physical and emotional injuries, the last thing you should be concerned with is negotiating with the at-fault driver’s insurance company to recover damages. In fact, such a stressful and time-consuming process can interfere with your mental and physical well-being, and your ability to move forward after a car accident.
Whether you are filing a personal injury lawsuit against the at-fault driver’s liability insurance, or you’re pursuing a claim against the uninsured motorist coverage with your own insurance company, our Illinois car accident attorneys can help. We’ll help you get money for your medical bills, lost wages, pain and suffering, and more.
With over 100 years of combined experience, the attorneys at our personal injury law firm have developed a reputation for our honesty, integrity, and putting the needs and goals of our clients first. In fact, a large portion of our Illinois car accident cases are referred to us by our past and current clients who are pleased with the service they received and the results we delivered.
What You Should Know About Car Accidents in Illinois
Every year, almost 70,000 car crashes in Illinois cause personal injuries to more than 93,000 victims. Over 1,000 people are killed. With about ten car accident injuries occurring every hour in the state, and approximately two to three people losing their lives each day, the risk of having your life turned upside down in a crash is all too real.
Common Causes of Car Accidents
Although Midwest weather and poorly maintained roads contribute to many motor vehicle accidents in Illinois, these are not the most common causes of car accidents in the state. In fact, most auto accident cases arise because of the negligence of another driver. Factors that most frequently contribute to serious injury and fatality accidents include the following.
Distracted Driving
Distracted driving is the leading cause of car accidents in Illinois and throughout the United States. The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving kills more than 3,000 people every year. Although Illinois law bans all handheld cellphone usage, and the state has taken countless measures to increase awareness about the dangers of driving distracted, the number of victims who are seriously injured or lose their lives to distracted drivers is staggering.
Drug and Alcohol Impaired Driving
In 2016, about 28% of all motor vehicle accident deaths involved drivers who were impaired by alcohol or drugs. That same year, in 17% of car accidents that killed children under 14, impaired drivers were a contributing factor. The CDC reports that approximately 29 people in the U.S. lose their lives to drunk or drugged drivers each day.
Speeding and Reckless Driving
Chaotic driving behaviors like speeding, tailgating, weaving in and out of lanes, aggressive driving, and ignoring traffic laws are some of the most common behaviors that cause car accidents that give rise to personal injury cases in Illinois. In fact, speeding is second only to distracted driving when it comes to causing wrecks. Despite the dangers, nearly 40% of drivers admit to driving aggressively and an alarming 70% admit to speeding.
Driving While Fatigued
Working long hours and keeping up with the busy lifestyles of today’s society puts many fatigued drivers behind the wheel. Falling asleep while driving is not the only concern for tired drivers and the motorists they share the roads with, however. When fatigued, drivers often display some of the same behaviors as intoxicated or drugged drivers, including slow reaction times, blurred vision, and making bad driving decisions.
Equipment Failures
In addition to handling car accident cases involving bad driving behaviors, our auto accident lawyers represent clients whose crashes are caused by defective vehicle parts and equipment. When tire blowouts, brake failures, steering problems, and other mechanical defects cause a motor vehicle accident, manufacturers and retailers may be to blame. Equipment failures contribute to nearly 5% of all automobile crashes in the United States.
Common Injuries Our Illinois Car Accident Lawyers See
Common auto accident injuries in Illinois include whiplash, concussions, broken bones, back and neck injuries, soft tissue injuries, and traumatic brain injuries. Due to the high impact of car accidents, victims often suffer from severe injuries that may require extensive medical treatment and rehabilitation. Seeking immediate medical attention and consulting an experienced car accident attorney are crucial steps to ensure that victims receive the necessary care and fair compensation for their injuries.
Whiplash
Whiplash is a neck injury commonly caused by the sudden backward and forward movements that often occur in car accidents. It can result in pain, stiffness, limited neck mobility. In many cases, whiplash causes long-term complications that require ongoing medical treatment.
Broken Bones
Drivers and passengers in car accidents also frequently suffer fractures. The force exerted on the body as a result of the crash impact can lead to severe collarbone, rib, arm, and leg fractures that require physical therapy or surgery to heal properly.
Back Injuries
Back injuries caused by car accidents can range from minor strains to severe spinal cord damage. The impact of a collision can cause compression, fractures, or herniated discs, resulting in chronic pain, limited mobility, and even paralysis. Seeking immediate medical attention is crucial, and victims may need ongoing treatment, physical therapy, and rehabilitation. In some cases, back injuries may cause partial or full paralysis.
Traumatic Brain Injuries
A traumatic brain injury is another common injury that happens in auto accidents. The force of impact during a collision can lead to concussions, contusions, or even severe brain damage. TBI symptoms may vary from mild headaches and confusion to memory loss, cognitive impairments, and emotional disturbances. Victims may require extensive medical treatment, rehabilitation, and ongoing care.
Soft Tissue Injuries
The force of auto collisions also cause soft tissue injuries. In severe cases, victims may experience internal bleeding or organ failure. The symptoms of soft tissue injuries may not be immediately apparent. Failing to seek medical attention right away can cause these injuries to become catastrophic or even fatal.
Our Illinois car accident lawyers recommend that victims get checked out by a medical professional as soon as possible after a crash, even if there are no signs of severe injuries. Getting medical treatment establishes a formal record of your car accident injuries, which can be helpful if you file a personal injury claim or lawsuit. Most importantly, however, seeing a doctor ensures that you receive treatment for car accident injuries that have delayed symptoms, reducing the risk of permanent damage or death.
Determining Liability in Illinois Automobile Accidents
A lot goes into determining liability in car accident cases in Illinois. When you hire our personal injury lawyers to pursue compensation on your behalf, we’ll consider various factors to determine all parties who may have played a role in causing your auto accident.
Comparative Fault System
Illinois follows a modified comparative fault system that includes the “51% rule.” Under this rule, car accident victims can seek compensation as long as they are not more than 50% at fault for the accident. However, their recoverable damages will be reduced by their percentage of fault. If the injured party is deemed 51% or more at fault, he or she is barred from recovering any compensation.
Accident Investigation
We’ll review witness statements, any photos and available video footage, and police reports. We may bring in car crash experts and medical professionals to demonstrate how the accident occurred and how the impact caused your injuries. Our attention to detail and experience with accident cases often enables us to uncover evidence that may have been overlooked by law enforcement.
Negligence and Traffic Laws
Negligence is a key element in determining fault. In Illinois, negligence refers to failure to exercise reasonable care, resulting in harm to others. Violation of traffic laws is often an indicator of negligence. For example, if a driver ran through a stop sign, and crashed into another vehicle, he or she may be deemed negligent and, therefore, at fault for the accident.
Contributory Factors
In some cases, multiple parties may share fault in an accident. Illinois follows the doctrine of “contributory negligence,” which means that if multiple parties are at fault, liability is allocated in relation to the role that person played in the accident. To determine a percentage of fault, the court will consider the factors that contributed to the crash, which may include speeding, distracted driving, or drunk driving.
Expert Opinions
In complex accident cases, expert opinions may be sought to determine fault. Experts who may participate in your car accident case include accident reconstructionists, forensic specialists, and medical professionals. Experts can provide analysis of the evidence, and help establish the cause of the accident and the degree of fault for each party involved.
Insurance Coverages
Insurance coverages also play a role in determining liability for car accident injuries. In most cases, when another driver is at fault, you will file a claim against the other driver’s insurance company to recover compensation. Sometimes, however, another company may carry liability insurance that covers the accident. In truck accidents, for example, you may be able to sue the insurance provided by the trucking company. In hit-and-run accident cases, uninsured motorist coverage held with your own insurance company may cover your losses.
Legal Proceedings
If fault cannot be resolved through negotiation or the insurance claims process, trial may be necessary. In such cases, the court will consider the evidence presented by both parties to determine liability for your losses.
The Compensation You Can Recover in an Automobile Accident Case in Illinois
Various types of compensation may be available to accident victims in Illinois. The compensation you can recover will depend on the severity of your injuries, your out-of-pocket losses, the sources of recovery available, and the pain and suffering you’ve endured because of the crash.
Medical Expenses
In Illinois, you can recover damages for your past and future medical expenses resulting from the accident. For example, these may include the costs of hospital stays, doctor visits, surgery costs, prescription medications, physical therapy, and other necessary medical treatments.
Pain and Suffering
Automobile wrecks often result in physical pain, emotional distress, and a decreased quality of life. Compensation for pain and suffering is intended to compensate victims for physical and emotional hardships they have experienced because of their injuries.
Lost Wages
You may be able to recover compensation for lost wages if you miss work because of your injuries. Additionally, you may be entitled to compensation for future lost earning capacity if your injuries keep you from going back to your previous job or require you to take a lower-paying position.
Wrongful Death
Surviving family members of those killed in a car crash may be able to pursue a wrongful death claim. Compensation in such cases may include funeral expenses, loss of companionship, and financial support.
Get free legal advice from an experienced Illinois car accident attorney at Martay Law Office today. Our law firm accepts car accident cases on a contingency basis, so you won’t pay any attorney fees until we win your case.