What To Do If The At-Fault Driver’s Insurance Company Contacts You

DriversOfSmashedVehiclesArguingWhoIsGuiltyInCar

As Schaumburg personal injury attorneys, we’ve seen how quickly the aftermath of a serious accident can become overwhelming. One of the first surprises many people face is a phone call or letter from the at-fault driver’s insurance company. Schaumburg, located in Cook County near Arlington Heights, Palatine, Rolling Meadows, and Elk Grove Village, is a busy area with significant traffic activity along Golf Road, Higgins Road, and the I-90 corridor. When a crash happens here, or in surrounding communities like Des Plaines or Mount Prospect, it’s common for the other driver’s insurer to contact you within days.

The purpose of this contact may sound simple: they’ll say they just need your “side of the story.” But it’s important to understand what’s really happening. The insurance company for the other driver represents their client, not you. Their goal is to gather information that limits what they might have to pay. That’s why knowing how to respond and what not to say to an insurance representative or adjuster can make a major difference in protecting your claim and your family’s future.

Why The At-Fault Driver’s Insurance Company Calls You

After an accident, the at-fault driver’s insurance company begins investigating the claim immediately. They assign an adjuster to gather statements, review damage estimates, and determine their financial exposure. When they call you, their questions may sound routine, but every statement you make can affect the value of your claim.

Even simple comments, like saying you “feel fine” or that you “might have been distracted,” can later be used to downplay injuries or shift blame. Their job is to minimize their payout, not to ensure you receive fair compensation. That’s why it’s often best not to discuss the details of the accident until you’ve spoken with an attorney who represents your interests.

What You Should Do When You’re Contacted

If you’re contacted by the at-fault driver’s insurance company, the most important thing you can do is stay calm and cautious. You are not legally required to give a recorded statement or discuss your injuries with them. It’s perfectly acceptable to tell the adjuster that you are represented by counsel or are in the process of hiring an attorney.

Once an attorney is involved, communication typically goes through your lawyer’s office. This protects you from being pressured into saying something that can later be misinterpreted or taken out of context.

Keep in mind that insurance companies may sound polite or sympathetic, but they are trained professionals working to limit claims. Even casual conversation can have legal implications later.

How A Lawyer Helps Protect Your Rights

When you have an attorney, you gain a buffer between yourself and the insurer. Your attorney will handle all communication, review any paperwork before you sign it, and make sure no settlement offer undervalues your case.

At SJ Injury Law, we’ve dealt with insurance companies of every size, from small local carriers to major national corporations. We understand the tactics they use, and we know how to build strong cases backed by medical evidence, witness statements, and documentation. Having legal representation ensures that your rights are protected and that your claim is based on the true extent of your losses, such as medical expenses, lost wages, pain, and emotional impact.

Why You Should Avoid Early Settlement Offers

Many insurance companies contact accident victims early with a quick settlement offer. At first, this may sound like a relief, fast money to cover immediate bills. But these early offers often come before the full extent of your injuries is known. Accepting too soon can leave you responsible for medical expenses or long-term treatment costs that develop later.

Before agreeing to any settlement, it’s critical to understand the total value of your claim. Once you sign a release, you give up your right to pursue additional compensation, even if new complications arise. That’s why we recommend reviewing any offer with an attorney who can accurately evaluate your current and future needs.

Protecting Your Claim After A Serious Accident

If you’re recovering from a car accident or grieving the loss of a loved one due to another driver’s negligence, the last thing you should worry about is being pressured by an insurance company. Keep copies of all medical bills, photographs, and written correspondence. Do not post about the accident on social media. And never assume the insurance company’s interests align with yours.

Our legal team has handled thousands of claims for clients in Schaumburg and nearby communities. We know how to deal with insurance companies strategically—so that you can focus on recovery while we work toward fair compensation.

FAQs About Insurance Company Contact After A Car Accident

Why Does The At-Fault Driver’s Insurance Company Want To Talk To Me?

Their primary goal is to gather information that helps them determine liability and minimize their financial responsibility. While they may say they just want to “get your side,” anything you say can later be used against your claim.

Do I Have To Talk To The Other Driver’s Insurance Adjuster?

No. You are not required to speak with them directly. You have the right to consult with an attorney first. Once represented, your lawyer will handle all communications on your behalf.

What Should I Say If The Insurance Company Calls?

Keep it brief and polite. You can tell them you are not ready to discuss the matter or that you are working with an attorney. Avoid giving recorded statements or signing any documents without legal review.

What If The Adjuster Asks For My Medical Records?

Do not release medical information without consulting an attorney. Insurance companies often request broad access to records, which can include unrelated health history. Your lawyer will ensure only relevant information is shared.

Can The Insurance Company Use My Words Against Me Later?

Yes. Even casual statements like “I’m feeling better” or “I didn’t see the car” can be misinterpreted as admissions that weaken your case. That’s why professional communication through an attorney is safest.

Why Should I Be Wary Of Early Settlement Offers?

Early settlements are often designed to close the case before the full scope of your injuries is known. Accepting prematurely can prevent you from claiming future medical or wage-related costs.

How Long Do I Have To File A Claim In Illinois?

Time limits vary depending on the type of case, so it’s important to speak with an attorney as soon as possible. Acting quickly helps preserve evidence and strengthens your case.

Can I Handle The Claim Without A Lawyer?

While it’s possible, dealing directly with insurance companies can be risky. Attorneys understand how to evaluate damages, negotiate effectively, and prevent insurers from undervaluing your claim. Most personal injury attorneys, including our firm, work on a contingency fee basis—meaning you pay nothing unless compensation is recovered.

Will Talking To My Own Insurance Company Affect My Case?

You are required to cooperate with your own insurer, but it’s still best to speak carefully. Even your insurer may share details with the at-fault driver’s company. Legal guidance helps ensure your statements are accurate and limited to necessary facts.

What If The Accident Resulted In A Fatality?

If you’ve lost a loved one in a fatal crash, the insurance company’s involvement can feel overwhelming. An attorney can handle communications, protect your rights, and pursue a wrongful death claim to seek justice and compensation for your family.

Call SJ Injury Law Today For Your Free Consultation

If the at-fault driver’s insurance company has contacted you, you don’t have to face them alone. At SJ Injury Law, we’ve spent decades standing up to powerful insurance carriers on behalf of injured victims and grieving families throughout Schaumburg, Chicago, Arlington Heights, Buffalo Grove, Des Plains, Mount Prospect, Northbrook, Palatine, Prospect Heights, Wheeling, Park Ridge, Rosemont, Glenview, and across the entire state of Illinois. Our attorneys combine compassion with determination, working tirelessly to protect your rights and secure the financial recovery you deserve.

Contact our Schaumburg car crash attorney at SJ INJURY LAW by calling (847) 434-3555 to receive your free consultation. We offer home, hospital, and virtual visits for your convenience and handle every case on a contingency fee basis—you pay nothing unless we win.

At SJ Injury Law, we’re ready to help you Claim Your Justice™.

How Illinois’ Comparative Fault Law Affects Your Car Accident Settlement

ConceptOfCarAccidentSettlementProcessAndTimelineWriteOn

Car accidents are an unfortunate reality in Schaumburg and the surrounding communities like Arlington Heights, Buffalo Grove, Des Plaines, Elk Grove Village, Mount Prospect, Palatine, and Rolling Meadows. If you’ve been injured in a crash on Golf Road, Higgins Road, or near Woodfield Mall, you may already know how quickly medical bills and lost wages can add up. What many people don’t realize, however, is that Illinois law plays a critical role in determining how much compensation you can actually recover.

Illinois follows a rule called comparative fault, and it directly affects your car accident settlement. As an attorney who has represented families throughout Schaumburg and greater Cook County, I want to explain how this law works, what it means for your case, and why insurance companies often use it against you.

Understanding Comparative Fault In Illinois

Under 735 ILCS 5/2-1116, Illinois uses a system called modified comparative negligence. This means that if you are partially at fault for the accident, your compensation is reduced by your percentage of fault. However, if you are found to be more than 50% responsible, you cannot recover any damages at all.

For example, if a jury finds that your damages total $100,000 but decides you were 20% responsible for the crash, your award will be reduced to $80,000. On the other hand, if the court finds you were 55% at fault, you recover nothing.

This law is one of the most important factors in every car accident settlement in Schaumburg and across Illinois. Insurance adjusters know this, and they work hard to shift as much blame onto you as possible.

How Insurance Companies Use Comparative Fault Against You

After an accident in Schaumburg or nearby towns like Palatine or Rolling Meadows, the insurance company will investigate the crash. They may take statements, review police reports, or even hire accident reconstruction experts. Their goal is not to be fair; it’s to pay out as little as possible.

By arguing that you were speeding, distracted, or failed to take evasive action, they try to assign you a higher percentage of fault. The higher your percentage, the less they have to pay. That’s why it’s so important to have strong evidence and experienced legal representation on your side.

Why Documentation And Medical Care Matter

Proving fault isn’t just about what happened at the scene; it’s also about what you do afterward. Immediate medical treatment, photographs of the vehicles, witness contact information, and black box data from the vehicles can all make a difference.

Illinois courts often rely on this evidence to determine liability and damages. As your lawyer, I make sure that we preserve every piece of evidence that supports your claim. From Schaumburg police reports to medical records at nearby hospitals, building a solid case means showing exactly how the other driver’s negligence caused your injuries.

How Comparative Fault Impacts Settlement Negotiations

Most car accident cases in Schaumburg settle before trial. But settlement negotiations always take comparative fault into account. Insurance companies will argue percentages of fault during these discussions, often trying to convince you to accept less than you deserve.

For example, they may claim you were 40% responsible when the reality is closer to 10%. Without legal guidance, many people accept these low offers. That’s why I always push back with evidence, expert analysis, and a clear case strategy to demand full compensation for my clients.

Protecting Your Right To Compensation

The truth is, comparative fault law makes Illinois cases more complicated. But it also gives injured people a chance to recover, even if they share some responsibility for the crash. The key is making sure your percentage of fault stays below 50% and that it accurately reflects what really happened.

As your attorney, I fight to keep the blame where it belongs, on the negligent driver who caused your injuries. That way, you can recover for your medical bills, lost wages, pain and suffering, and the future care you may need.

Frequently Asked Questions About Comparative Fault In Illinois Car Accident Cases

What Does Comparative Fault Mean In An Illinois Car Accident Case?

Comparative fault means that more than one person can be responsible for an accident. Under Illinois law, if you are partially at fault, your recovery is reduced by your percentage of responsibility. If you are more than 50% at fault, you cannot recover any damages. This system applies to car accidents in Schaumburg and across the state

How Do Insurance Companies Decide Fault After A Car Accident?

Insurance adjusters review police reports, interview witnesses, look at photographs, and sometimes hire experts to reconstruct the crash. Their goal is to assign you as much fault as possible to reduce your settlement. That is why you should never assume their decision is final. An attorney can challenge their findings with additional evidence.

Can I Still Recover Compensation If I Was Partially At Fault For A Crash?

Yes, as long as you are 50% or less at fault under 735 ILCS 5/2-1116. For example, if you were 25% at fault and your damages are $40,000, you could still recover $30,000. Many people wrongly believe that any fault prevents recovery, but Illinois law is designed to allow partial recovery.

How Is Fault Proven In Illinois Car Accident Cases?

Fault is proven through a combination of police reports, medical records, photographs, video footage, witness statements, and sometimes expert testimony. In Schaumburg cases, we may also use local traffic camera footage or black box data from the vehicles involved. The more evidence you have, the harder it is for the insurance company to argue against you.

What If The Other Driver Says I Was At Fault?

It is common for the at-fault driver to blame the other person, especially when they are worried about their insurance premiums or liability. Do not panic if this happens. Comparative fault cases are decided based on evidence, not accusations. As your lawyer, I make sure your side of the story is backed up with proof.

Can Comparative Fault Affect A Wrongful Death Claim In Illinois?

Yes. If a loved one dies in a Schaumburg car accident and the case becomes a wrongful death lawsuit under 740 ILCS 180/1, comparative fault rules still apply. If the deceased is found more than 50% at fault, the family cannot recover damages. This makes strong evidence even more critical in wrongful death cases.

Will My Settlement Automatically Be Reduced If I Was Speeding?

Not necessarily. Speeding can be a factor, but the court or insurance company must weigh all the evidence. If the other driver was drunk, ran a red light, or rear-ended you, their negligence may far outweigh your speeding. Comparative fault is about percentages, not automatic assumptions.

Why Do I Need A Lawyer If Comparative Fault Applies?

Because insurance companies take advantage of comparative fault rules to reduce payouts. Without a lawyer, you may accept a settlement that unfairly blames you for most of the accident. An attorney can push back, present evidence, and keep the focus where it belongs, on the negligent driver.

Call SJ Injury Law Today For Exceptional Representation

At SJ Injury Law, we understand how stressful it is to recover from a serious car accident while worrying about medical bills and lost wages. With more than 50 years of combined experience, our attorneys have helped injured victims in Schaumburg, Arlington Heights, Palatine, Des Plaines, Elk Grove Village, Mount Prospect, Rolling Meadows, and throughout Illinois recover millions in compensation.

We fight aggressively against insurance companies that try to blame victims under Illinois’ comparative fault law. Our goal is to make sure you receive the care you need and the financial recovery you deserve.

Contact our Schaumburg traffic accident lawyer at SJ INJURY LAW by calling (847) 434-3555 to receive your free consultation. We represent injury victims and their families in throughout Chicago and all of Illinois.

SJ Injury Law ,  Claim Your Justice™.

Qué hacer inmediatamente después de un accidente automovilístico en Schaumburg

car accident

Como abogado de accidentes automovilísticos de Schaumburg, una de las primeras cosas que les digo a los clientes es que lo que hace en los minutos y horas posteriores a un accidente puede tener un impacto duradero en su salud, sus finanzas y sus derechos legales. Los accidentes automovilísticos son caóticos, pero conocer los pasos correctos a seguir puede protegerlo y fortalecer su reclamo según la ley de Illinois.

Cada año, ocurren miles de accidentes en carreteras concurridas en Schaumburg y las comunidades circundantes como Arlington Heights, Palatine, Mount Prospect, Buffalo Grove y Elk Grove Village. Intersecciones como Golf Road y Meacham Road o Higgins Road y Plum Grove Road ven colisiones frecuentes. Ya sea que se trate de un accidente trasero en la I-90 o un choque de impacto lateral en Roselle Road, las víctimas a menudo quedan desorientadas e inseguras de cómo responder. En esos momentos, la adrenalina es alta, los recuerdos pueden ser borrosos y es fácil cometer errores que las compañías de seguros luego usarán en su contra.

Lo que complica aún más las cosas es que la ley de Illinois impone deberes específicos a los conductores involucrados en accidentes. Desde los requisitos de presentación de informes hasta las reglas sobre la culpa, el marco legal afecta no solo la forma en que se maneja su caso, sino también si es elegible para una compensación completa. Tomar las medidas correctas desde el principio, asegurando la atención médica, preservando la evidencia y protegiendo sus derechos, contribuirá en gran medida a asegurarse de que las compañías de seguros o el abogado contrario no se aprovechen de usted.

Garantice la seguridad y pida ayuda

Su primera prioridad después de un accidente en Schaumburg o áreas circundantes como Arlington Heights, Palatine o Rolling Meadows es la seguridad. Si puede, mueva su vehículo fuera del tráfico. Llame al 911 de inmediato. La ley de Illinois requiere que los conductores involucrados en un accidente que resulte en lesiones o muerte se detengan y permanezcan en la escena hasta que lleguen las autoridades (625 ILCS 5 / 11-401). No hacerlo puede resultar en sanciones graves.

Cuando llegue la policía, proporcione los hechos de lo que sucedió, pero evite admitir la culpa. La culpa se determinará más tarde a través de pruebas, declaraciones de testigos y posiblemente datos de caja negra.

Obtenga atención médica de inmediato

Incluso si cree que sus lesiones son menores, siempre hágase revisar por profesionales médicos. Algunas lesiones, como conmociones cerebrales o hemorragias internas, pueden no mostrar síntomas hasta horas después. Según la ley de Illinois, puede recuperar una compensación por gastos médicos a través de un reclamo por lesiones personales. Los registros médicos de las primeras horas después del accidente son evidencia crítica para probar sus daños.

Intercambiar información y reunir pruebas

La ley de Illinois (625 ILCS 5/11-403) requiere que los conductores intercambien nombres, direcciones y detalles del seguro. Mientras espera a la policía, reúna la mayor cantidad de evidencia posible. Use su teléfono para tomar fotografías de los vehículos, marcas de derrape, semáforos y lesiones visibles. Si hay testigos, pídales sus nombres e información de contacto.

Esta evidencia puede desempeñar un papel importante en el establecimiento de la culpa y la responsabilidad bajo la regla de negligencia comparativa modificada de Illinois (735 ILCS 5 / 2-1116). En Illinois, puede recuperar daños siempre que tenga menos del 50% de culpa. Sin embargo, su compensación se reducirá por su porcentaje de culpa.

Reportar el accidente

Debe informar cualquier accidente que cause lesiones, muerte o daños a la propiedad de más de $ 1,500 (o $ 500 si se trata de un vehículo sin seguro) al Departamento de Transporte de Illinois dentro de los 10 días (625 ILCS 5 / 11-408). No informar puede llevar a la suspensión de la licencia de conducir. Un informe oportuno también respalda su caso cuando las compañías de seguros intentan disputar la responsabilidad.

Evite hablar solo con las compañías de seguros

Uno de los mayores errores que veo es que las víctimas de accidentes hablan con los ajustadores de seguros antes de consultar con un abogado. Las compañías de seguros pueden presionarlo para que dé una declaración que perjudique su caso o acepte un acuerdo que no se acerque a cubrir sus pérdidas. Una vez que acepte, no podrá reabrir su reclamo. Tener un abogado significa que alguien está protegiendo sus derechos mientras maneja todas las comunicaciones.

Conozca sus derechos legales en Schaumburg

Según la ley de Illinois, puede tener derecho a una compensación por gastos médicos, salarios perdidos, daños a la propiedad y dolor y sufrimiento. Las demandas por muerte por negligencia también están disponibles cuando un ser querido muere debido a negligencia (740 ILCS 180/1). En casos que involucren vehículos comerciales, compañías de camiones o conductores ebrios, se pueden aplicar daños adicionales.

Las decisiones que tome inmediatamente después de un accidente, como buscar ayuda médica, preservar evidencia y consultar a un abogado, pueden marcar la diferencia entre un reclamo denegado y una recuperación completa.

Preguntas frecuentes sobre accidentes automovilísticos en Schaumburg

¿Qué debo hacer si el otro conductor abandona la escena del accidente en Schaumburg?

Si el conductor huye, permanezca en la escena y llame al 911 de inmediato. Proporcione a la policía tantos detalles como sea posible, como el número de placa, la descripción del vehículo o la dirección en la que viajó el automóvil. Según la ley de Illinois, abandonar la escena de un accidente es un delito. Su abogado también puede investigar si se aplica la cobertura de automovilista sin seguro de su póliza, que a menudo proporciona compensación en casos de atropello y fuga.

¿Cómo afecta la negligencia comparativa de Illinois a mi reclamo por accidente automovilístico?

Illinois utiliza un estándar de negligencia comparativa modificado (735 ILCS 5/2-1116). Esto significa que aún puede recuperar los daños si tiene menos del 50% de la culpa. Sin embargo, su premio se reducirá por su porcentaje de responsabilidad. Por ejemplo, si sus daños suman $ 100,000 y se determina que tiene un 20% de culpa, puede recuperar $ 80,000. Si tiene un 50% o más de culpa, no puede recuperarse.

¿Tengo que llamar a la policía después de un accidente menor en Schaumburg?

Sí, la ley de Illinois requiere que los conductores notifiquen a la policía después de cualquier accidente que cause lesiones o muerte, y cuando los daños a la propiedad superen los $1,500. Incluso para accidentes menores, tener un informe policial es crucial para su reclamo de seguro. El informe documenta las circunstancias y evita que el otro conductor cambie su historia más tarde.

¿Cuánto tiempo tengo para presentar una demanda por accidente automovilístico en Illinois?

El plazo de prescripción para la mayoría de los casos de lesiones personales, incluidos los accidentes automovilísticos, es de dos años a partir de la fecha del accidente. Para reclamos por daños a la propiedad, el límite es de cinco años. No cumplir con la fecha límite significa perder su derecho a buscar una compensación, por lo que es importante ponerse en contacto con un abogado rápidamente.

¿Puedo recuperar una compensación si me lesioné como pasajero?

Sí. Como pasajero, puede presentar un reclamo contra el conductor que causó el accidente, ya sea el conductor de su vehículo u otro vehículo involucrado. La ley de Illinois protege a los pasajeros al igual que a los conductores, y puede buscar una compensación por gastos médicos, salarios perdidos, dolor y sufrimiento.

¿Qué pasa si no puedo trabajar debido a mis lesiones por accidente?

Si sus lesiones le impiden trabajar, puede reclamar salarios perdidos a través de la póliza de seguro del conductor culpable. En casos más graves, también puede tener derecho a una compensación por la reducción de la capacidad de ingresos. La ley de Illinois reconoce daños económicos y no económicos, lo que significa que puede recuperar la pérdida de ingresos, así como el impacto en su calidad de vida.

¿Cómo pruebo el dolor y el sufrimiento en un caso de accidente automovilístico en Illinois?

Los daños por dolor y sufrimiento están respaldados por registros médicos, testimonios de médicos y declaraciones personales sobre cómo sus lesiones afectan su vida diaria. La ley de Illinois permite la recuperación tanto del dolor físico como de la angustia emocional. La documentación es clave y un abogado puede ayudarlo a construir el caso más sólido posible.

Llame a SJ Injury Law hoy

Si usted o un ser querido ha resultado lesionado en un accidente automovilístico en Schaumburg, los pasos que tome ahora son importantes. En SJ Injury Law, tenemos más de 50 años de experiencia combinada ayudando a clientes lesionados en Schaumburg, Arlington Heights, Palatine, Des Plaines, Elk Grove Village, Buffalo Grove, Mount Prospect, Rolling Meadows y en todo Illinois. Sabemos cómo enfrentarnos a las compañías de seguros y luchar por la compensación total que se merece.

Nuestra firma no cobra tarifas por adelantado: no paga nada a menos que ganemos. Llame a nuestro abogado de accidentes automovilísticos de Schaumburg al (847) 434-3555 hoy para recibir su consulta gratuita. Estamos disponibles para visitas domiciliarias, hospitalarias y virtuales, y también ofrecemos servicios bilingües para clientes de habla hispana. Permítanos poner nuestro conocimiento y dedicación a trabajar para usted.

Ley de lesiones de SJ – Reclame su justicia™.

Why Do Car Accidents Increase In Summer Months?

car accidents

Summer, a time often associated with vacations and leisure, also brings a significant increase in car accidents across the United States, including Illinois. This surge in road accidents during the summer is not a random occurrence, but a result of various factors that create more hazardous driving conditions. As a legal professional dealing with the aftermath of traffic accidents, it’s crucial to grasp these dynamics to effectively represent clients affected by summer road incidents.

The increase in traffic volume during the summer is a primary factor in accidents. With school out and warmer weather, more families embark on road trips, teenagers drive more frequently, and overall, there are more vehicles on the roads. This increase in road users naturally leads to a higher likelihood of vehicular accidents. Additionally, summer festivals, concerts, and public events contribute to heavier local traffic, further escalating the potential for accidents.

Factors Contributing To The Increase In Summer Car Accidents

1. Teenage Drivers – The summer break brings a surge in young drivers who are out of school. These teen drivers, due to their inexperience, are more likely to engage in risky driving behaviors such as speeding, distracted driving, and not wearing seat belts. The presence of more teen drivers significantly contributes to the increased number of accidents during these months.

2. Increased Construction Activities – Warmer months are popular for road construction projects due to favorable weather conditions. Consequently, drivers encounter more construction zones requiring them to navigate lane closures, shifts in traffic patterns, and temporary signage. These disruptions can confuse drivers and lead to accidents.

3. Tourism and Road Trips – With Illinois being a hub for tourists and locals exploring scenic routes and national parks, summer sees an influx of drivers unfamiliar with local roads. This unfamiliarity can cause confusion and slower reaction times, increasing the risk of accidents.

4. More Motorcycles and Bicycles on the Road – Summer weather encourages more motorcycles and bicycles to be on the road, which are less visible to car drivers and require greater attention and consideration from other road users.

5. Holiday Celebrations – Holidays like the Fourth of July and Labor Day weekends are known for increased accident rates due to heavy traffic combined with high alcohol consumption. Celebratory occasions often lead to impaired driving, one of the leading causes of traffic accidents.

6. Heat-Related Vehicle Problems – Extreme heat can affect vehicle performance, leading to overheated engines, tire blowouts, and other mechanical failures that can cause the driver to lose control.

Frequently Asked Questions About Summer Car Accidents

How does the presence of more teen drivers in the summer affect driving safety?

Teen drivers often have less experience, which can contribute to higher-risk behaviors such as speeding, not recognizing dangerous conditions, and distracted driving. With school out, more teens are on the road, which statistically increases the probability of traffic accidents. Parents need to reinforce safe driving habits and consider setting stricter driving limits during these months.

How can tourists protect themselves from accidents when unfamiliar with Illinois roads?

Tourists should plan their routes and use GPS systems cautiously, ensuring they remain aware of the road conditions and traffic signs. It’s advisable to avoid peak traffic times and areas known for heavy tourist traffic. Staying alert, reducing speed, and allowing extra travel time can help mitigate risks.

What role does alcohol play in summer car accidents, and what are the legal consequences?

Alcohol significantly impairs driving abilities and reaction times, and it is involved in a high percentage of fatal accidents, particularly during summer holidays. The legal consequences of driving under the influence (DUI) can include fines, license suspension, and even jail time, depending on the severity and whether it resulted in an accident. Legally, if an accident involves alcohol, it can lead to more severe penalties and greater civil liability.

How can I prove that a vehicle malfunction led to my summer car accident?

Proving a vehicle malfunction requires collecting comprehensive evidence. This might include vehicle maintenance records, eyewitness testimony, and expert analysis from a mechanic or vehicle engineer. An attorney can assist in gathering the necessary documentation and expert opinions to build a case around a vehicle malfunction claim.

What steps can be taken to prevent car accidents during the summer?

Preventative measures include regular vehicle maintenance checks to avoid overheating and blowouts. Drivers should remain hydrated to maintain alertness, take regular breaks on long trips, and always use defensive driving techniques. Public awareness campaigns and increased patrols by law enforcement during high-risk periods can also help reduce the number of accidents.

What are the specific risks associated with holiday traffic during the summer?

Holiday weekends such as Memorial Day, Fourth of July, and Labor Day often see a significant uptick in road traffic, which is a prime time for accidents. The risks are compounded by higher instances of partying where alcohol consumption is involved. Drivers should be particularly cautious during these times, as the combination of heavy traffic and potentially impaired drivers greatly increases the likelihood of collisions.

How do motorcycle and bicycle traffic during the summer months impact driving safety?

The increase in motorcycles and bicycles during summer months requires automobile drivers to share the road more frequently with these smaller, less protected road users. Motorcycles and bicycles are often harder to see and can behave differently on the road than cars, such as stopping more quickly or swerving to avoid obstacles. Drivers should check their mirrors regularly, give these road users plenty of space, and be especially vigilant when turning or changing lanes to ensure safety for all parties involved.

The summertime increase in traffic accidents is influenced by a combination of increased travel, more inexperienced drivers on the roads, and seasonal celebrations that may involve alcohol. For those involved in accidents, seeking experienced legal assistance is crucial to navigate the complexities of claims associated with these seasonal trends.

SJ Injury Law – We Help You Claim Your Justice In Your Car Accident

Being injured in a car accident can leave you feeling overwhelmed and stressed. At SJ Injury Law Firm, we understand what you’re going through and are here to provide personalized legal support. Our dedicated team is committed to making sure your voice is heard and your rights are protected. We’ll guide you through every step, ensuring that legal complexities and insurance company tactics don’t prevent you from receiving the compensation you deserve. Call our Arlington Heights car accident lawyer at SJ Injury Law Firm at (847) 434-3555 for a free consultation. Let us help you claim your justice.

What Is Comparative Negligence In An Illinois Car Accident?

comparative negligence

In Illinois, thousands of collisions occur on its roads yearly, ranging from minor fender benders to more serious, life-altering incidents. In the wake of these accidents, a crucial aspect that comes to the forefront is the determination of fault, which directly impacts the amount of money that parties involved may receive. This is where the concept of comparative negligence becomes particularly significant.

Comparative negligence is a legal doctrine used to apportion fault among the parties involved in an accident. Unlike a black-and-white scenario where one party is entirely at fault, comparative negligence acknowledges that one or more parties may share the responsibility for an accident to varying degrees. This doctrine is central to personal injury law in Illinois, playing a pivotal role in many car accident cases and a doctrine our attorneys are very skilled at.

The Basics of Comparative Negligence

Comparative negligence is about measuring the degree of fault in an accident and adjusting liability for the accident accordingly. It’s a more nuanced approach than the traditional contributory negligence system, which denies any compensation to a plaintiff if they are found to have any degree of fault. In contrast, comparative negligence allows for a more balanced and fair assessment by allocating a percentage of fault to each party involved.

In Illinois, the doctrine of comparative negligence is particularly relevant in car accident cases. When an accident occurs, both parties may have contributed to the incident in some way. For example, one driver might have been speeding, while the other might have failed to signal a turn. In such cases, an insurance adjuster will argue for a certain percentage of fault attributable to each driver, while we will argue for a more favorable percentage of fault. This percentage then directly influences the amount of money each party can receive.

One of the key legal principles underpinning comparative negligence is the idea of fair compensation based on actual fault. This principle ensures that a party who is less at fault can still recover damages, reduced by their percentage of fault. For instance, if a driver is deemed 30% responsible for an accident, they can still recover 70% of the damages from the other party.

Understanding comparative negligence is not just a legal theory; it’s about knowing how responsibility is shared in real-world scenarios. It affects how damages are calculated, how insurance claims are handled, and how legal strategies are developed. For anyone involved in a car accident in Illinois, grasping these basics is the first step towards navigating the legal mechanism effectively and ensuring a fair outcome.

Illinois’ Comparative Negligence Law

The state of Illinois has a specific set of laws governing comparative negligence, which play a crucial role in how car accident cases are adjudicated. These laws are not only foundational to understanding how fault and compensation are determined but also highlight the state’s approach to handling multi-party accidents.

Under Illinois law, comparative negligence is governed by the Illinois Compiled Statutes (735 ILCS 5/2-1116). This statute lays out the framework for how fault is determined and how it affects the ability of a plaintiff to recover damages. According to this law, a plaintiff can recover damages as long as they are less than 50% responsible for the accident. However, the amount of compensation they are entitled to receive is reduced by their percentage of fault. This nuanced approach allows for a fairer distribution of responsibility and compensation, particularly in complex cases where multiple factors contribute to the accident.

The interpretation of comparative negligence in Illinois law is geared towards a more equitable system of justice in personal injury cases. Instead of the all-or-nothing approach of contributory negligence, where a plaintiff with any degree of fault could be barred from recovering damages, Illinois law recognizes that accidents often involve shared fault. By assigning a percentage of fault to each party, the law acknowledges the complexity of real-world accidents and provides a more balanced way to determine compensation.

The application of this law in Illinois court cases varies depending on the specifics of each case. For instance, in a car accident case where one driver ran a red light, but the other was speeding, a court might find the first driver 70% at fault for failing to observe the traffic signal and the second driver 30% at fault for speeding. In such a scenario, if the speeding driver filed a lawsuit for damages, their compensation would be reduced by 30%, reflecting their share of the responsibility for the accident.

These examples from Illinois court cases demonstrate the practical implications of comparative negligence law. They show how courts weigh various factors, such as the actions of each driver leading up to the accident, to arrive at a fair assessment of fault. By understanding these nuances of Illinois law, our lawyers can help those individuals involved in car accidents can better navigate their legal rights and responsibilities, and lawyers can develop more effective strategies for representing their clients. This understanding is essential for anyone seeking to claim damages or defend themselves in a car accident case in Illinois.

Impact of Comparative Negligence on Accident Claims

The concept of comparative negligence has an important impact on how car accident claims are handled in Illinois. This section delves into the nuances of this impact, focusing on the process of determining fault percentage, its effect on money recovered, and the role insurance companies play in these determinations.

The Detailed Dynamics of Comparative Negligence in Claims

Comparative negligence fundamentally alters the landscape of car accident claims by introducing a proportional fault system. Instead of a binary determination where one party is at fault and the other is not, comparative negligence requires a meticulous analysis of each party’s actions leading up to the accident. This analysis results in assigning a fault percentage to each involved party, which directly influences the outcome of the claim.

Process of Determining Fault Percentage

In Illinois, the process of determining fault percentage is intricate and fact-specific. It begins with a thorough investigation of the accident, which may involve police reports, witness statements, traffic camera footage, and expert testimony. Attorneys for each party present evidence and arguments to establish the degree of fault. In court, this process may involve testimony from accident reconstruction experts, who analyze the evidence to determine how the accident occurred and each driver’s actions.

The court or the insurance adjuster then weighs this evidence to assign a fault percentage to each party. For example, suppose one driver was texting while the other made an illegal turn. In that case, the court or adjuster might assign 40% fault to the texting driver and 60% to the driver who turned illegally, based on how significantly each action contributed to the accident.

Compensation and the Percentage of Fault

The assigned fault percentage has a direct impact on your recovery. In Illinois, a party’s recovery is reduced by their percentage of fault. Continuing with the above example, if the texting driver suffered an injury valued at $100,000, their recovery would be reduced by 40% (their fault percentage), entitling them to only $60,000. This method ensures that compensation is aligned with the degree of responsibility and liability, encouraging drivers to adhere to safe driving practices.

Legal Procedures and Evidence

Navigating the aftermath of a car accident in Illinois requires an understanding of the necessary legal steps and the importance of evidence this is why you should contact our attorneys. This section outlines these critical steps and highlights the role of legal representation in effectively managing the complexities of comparative negligence.

Steps to Take Following an Illinois Car Accident

The moments following a car accident in Illinois are pivotal. Firstly, ensuring the safety of all involved and seeking medical attention is paramount. Once immediate safety concerns are addressed, it’s crucial to report the accident to law enforcement, as an official police report is a valuable piece of evidence. Documenting the scene with photos and gathering contact information from any witnesses also becomes essential. These initial steps lay the groundwork for any future legal claims.

Gathering and Presenting Evidence

The evidence collected following an accident is the cornerstone of any claim involving comparative negligence. This evidence can include police reports, photographs of the accident scene, medical records related to injuries sustained, and witness statements. These pieces of evidence collectively help to construct a narrative of how the accident occurred and the extent of the damages suffered.

In the context of comparative negligence, evidence must be presented in a way that accurately reflects each party’s degree of fault. This can involve complex legal arguments and a thorough understanding of Illinois traffic laws. The goal is to paint a clear picture of the circumstances leading up to the accident, supported by tangible proof, including photos of the cars at the time of the accident.

The Role of Legal Representation

Given the complexities of comparative negligence, securing experienced legal representation is often crucial. Our skilled attorneys can navigate the intricacies of Illinois law, ensuring that evidence is presented effectively, and legal rights are protected. They play a critical role in arguing the degree of fault, negotiating with insurance companies, and, if necessary, representing the client’s interests in court.

Importance of Documentation and Witness Statements

Documentation and witness statements are invaluable in comparative negligence cases. Detailed records and unbiased third-party accounts provide a more comprehensive understanding of the accident, which is vital in determining fault. Properly documented evidence can significantly influence the outcome of a claim, either in negotiations with insurance companies or in a courtroom setting.

As individuals navigate the aftermath of an accident, it’s important to remember the steps to take, the significance of evidence, and the value of legal representation. These elements are crucial in ensuring that one’s rights and interests are adequately protected.

Speak To Our Schaumburg Car Accident Lawyer Now

At SJ Injury Law, our team of skilled personal injury attorneys has years of experience helping clients get the money they deserve after a negligent driver causes an accident. We are tenacious, courageous, persuasive advocates who can break down complex legal issues in a simple, approachable way.

If you were seriously injured in an Illinois auto accident, don’t waste time. You should never allow the negligent party to escape their liability. For more information, contact our car accident lawyer in Schaumburg at (847) 434-3555. Our attorneys have years of traffic collision injury and death claims experience and we will fight for you!

Beware Of Driving Hazards Spring Weather Brings

Spring weather

Spring often brings sunnier, warmer weather, but there are driving challenges to be aware of. Keep reading to learn about spring weather driving hazards to avoid car accidents. However, if you have been in a car accident because of someone’s negligence, our Schaumburg car accident lawyers at SJ Injury Law can help.

Daylight Savings Time

Government data reveals more car accidents happen when daylight savings time (DST) is in effect. This data shows that deadly car accidents increase by 6% after daylight savings time goes into effect. The ‘spring forward’ change affects when the light is in the sky and how people sleep. Some drivers may be sleepier than they realize in the first few days after DST takes effect.

Fortunately, it is easy to avoid this problem. Ensure you get a lot of rest in the two or three days before and after a time change in your area. It is only one hour’s difference, but it may have more of an effect on your body than you think.

Ice

It is spring in Schaumburg, and flowers are poking out of the soil, so there should not be any ice, right? However, there still can be ice on the roads. The temperature may be well above freezing during the day, but rain in the streets can freeze at night. This may cause black ice, which is hard to see and extremely slick. Assume in the early morning that the roads are slippery and slow down if there is any moisture in the streets.

Flooded Roads

Flooded roads often occur in the Illinois spring. The melting snow and heavy rain can flood almost any street in your area. The smartest way to drive on a flooded road is not to do it at all. Instead, look for a better route if you see a flooded road. There probably are safer routes. If not, stay home.

Many drivers need to realize how powerful and dangerous standing water is. There may be only a few inches of water, but it can quickly make you lose control.

Shoulders

Use caution when driving on road shoulders in the spring. There could be ground erosion, and the spring rains and floods can make the surface softer. There have been cases of cars left on the shoulder sinking into the ground, causing thousands in damage. If you need to park on the shoulder in the spring, keep it as short as possible.

Spring Rains

Rain is a regular visitor in Illinois in the spring, so be aware showers can cause difficult driving situations. Staying safe in the spring rain means slowing down, turning on your headlights, and putting more space between you and other vehicles. Also, always remember just a bit of moisture and oil on the road can make the pavement almost as slick as ice.

Underinflated Tires

During the cold winter months in Schaumburg, your tires can slowly lose pressure. Science tells us for every 10-degree decrease in temperature, car tires may lose one or two pounds of pressure. Drivers unaware of this issue could drive with underinflated tires in the spring and summer. Underinflated tires increase gas usage, and tire wear and make the vehicle more challenging to control in an emergency.

Avoid this problem by checking your tire pressure at the beginning of the spring. If the tires are low, most gas stations have an air compressor to top off your tires.

Animals

There is more animal activity in the spring. For many animals, it is mating season; for others, they are waking from weeks or months of inactivity. Animals are most active at dusk and dawn, so watch out for animals darting onto the roadway.

Pedestrians

As the temperature warms, you may notice more pedestrians and bicyclists. Always slow down when you see a pedestrian and be careful around crosswalks. If the pedestrian has the green signal at the crosswalk, they have the right of way. That means yielding to pedestrians and bicyclists.

Motorcycles

Motorcycles are hard to see because of their size and speed. If you are injured in a motorcycle accident call (847) 434-3555. In a spring rain, seeing them can be even more difficult. So, take a second look in front of you and in your blind spots. Motorcyclists have the same right to the road you do. If you are behind a motorcycle, stay at least four seconds back to avoid an accident. Remember, a minor fender bender can be deadly if the other driver is on a motorcycle.

Potholes

Illinois is notorious for big potholes in the spring. The combination of salt, sand, snowplows, and alternating warm and cold weather is brutal on the roads. The best way to avoid issues with potholes is to avoid them. However, if you cannot avoid an upcoming hole, slow down, then just before you hit the pothole, take your foot off the brakes. This will reduce the speed when you hit the hole, and the suspension will reduce the impact.

Hail

Driving in hail is not just bad for your car’s paint and body. It also is dangerous because of the combination of moisture and ice on the road. If there is any sign of hail, you should pull over in a covered area until it passes. Also, people tend to drive distracted in a hailstorm, so staying off the roads at that time is best.

Large Puddles

Major spring rains can leave big puddles on the roads. If you see one on your drive, it is best to avoid it; you never know how deep it is. Even on a road you know, heavy rain can create new potholes, deepen current holes, and even damage whole sections of asphalt. Even driving through a small amount of water on the road can affect your brakes, so use caution and avoid if possible.

Be Aware Of Severe Weather

There are a lot of heavy storms in the spring in the Midwest. This part of the country sees about 24 significant tornadoes yearly, and spring is primetime for twisters. So pay attention to the weather on the radio before driving and stay home if storms are approaching.

If you see a funnel cloud when you are driving, it is a dangerous situation. Drive away from it at a right angle. But if you are already in high winds, get your car out of traffic. Stay in the vehicle and keep your seatbelt fastened. Get below the windows as best you can, and cover your head. Seeking shelter under an overpass is not a good idea, so always stay in your vehicle until the tornado passes.

Get Your Vehicle Ready For Spring

Now that you know how to stay safe when driving this spring, you should ensure your car is ready for the road. Getting your vehicle ready for warmer weather is another way to be proactive about keeping your vehicle and family safe:

Give The Car A Complete Wash

Roads treated with salt all winter do more than make the car dirty. Salt is corrosive and will make it rust if it stays on the car too long. Look for a car wash that does under-spraying to remove salt from beneath the vehicle.

Watch For Rust

Do you see any signs of rust on your car after the past winter? It is always best to deal with it immediately. Search for tiny brown specks and stains. Also, watch for bubbles in the paint or a moist floorboard.

Small rust spots on the paint surface can be sanded down to the metal then primed and painted. However, taking the car to a body shop is best if you find a larger rust spot.

Put On New Wiper Blades

Ice and snow in winter are hard on your wiper blades. You may notice during a spring rain that your blades are smearing the rain on the windshield, not wiping it. So, replace the wiper blades every spring to ensure they are in the best condition. Then, when the first big storm hits, you will have a clear windshield, which is safer and reduces eyestrain.

Check Your Headlights

Driving in the spring in Schaumburg often means driving in hard rain when you cannot see as well. Good headlights are vital so you can see and others can see you. You should check the headlights, backup, taillights, brake, and parking lights. Many oil change facilities can change these for you while replacing the oil.

Check Tire Treads

Cold, ice, and snow can wear out your tires and cause them to deflate slowly. Check your tires for the correct pressure, tread, and alignment every spring. This also is a good time to check your spare.

Do A Brake Check

Winter is tough on your brakes. Between the ice, snow, and sudden slowdowns during heavy Illinois traffic, you should check your brakes to ensure they are safe. Check the rotors, pads, and brake fluid, or have your automotive professional do it.

Contact A Schaumburg Car Accident Lawyer Today

Were you in a car crash near Wintrust Field, Woodfield Mall, or another site in Schaumburg? Accidents can happen anytime: spring, summer, fall, or winter. You might be entitled to compensation if the other driver was negligent. Our Schaumburg car accident lawyers at SJ Injury Law can help, so contact our Schaumburg personal injury lawyers now at (847) 434-3555.

Things You Should Always Have In Case Of A Car Accident

car accident

There were 312,000 car accidents in Illinois in 2019 and about 858 crashes per day. Sooner or later, most Illinoisans get in a car accident, but many do not know what they should have in their vehicles when it happens. Having critical emergency supplies in the car can make a huge difference if you get into an accident.

Below are some essential items you should keep in your vehicle in case of a car accident. Also highlighted are the most important things to remember to do after an auto accident. If you are in a car accident and unsure of your rights, please contact Hoffman Estates car accident lawyers at SJ Injury Law today. In many cases, our attorneys can help obtain compensation for your medical bills, lost wages, and pain and suffering.

First Aid Kit

Even a minor auto accident can have cuts, bruises, and scrapes because of airbags, hitting a part of your body against something on the inside of your car, or broken glass. Also, first responders may not arrive at the crash scene immediately, so carrying a first aid kit in the trunk is recommended. This allows you to manage your or a passenger’s minor injuries until first responders arrive, or you can get to the ER to be checked out.

In addition to bandages, gauze, antiseptic ointment, instant cold packs, aspirin, and other first aid basics, it is wise to have a survival kit in the car, too. The survival kit should contain items that will help if you are in an accident that requires you to stay at the scene for hours or more. Some vital things to include in the survival kit are:

    • Non-perishable food
    • Bottled water
    • Tool to break glass
    • Extra clothing

Fully Charged Phone

Most of us have a cell phone, but it does not do you much good after an accident if the battery is dead. Some drivers prefer having a disposable cell phone in the trunk to use in an emergency. Another option is to have a phone charger in the car and plug your phone in every time you drive. Or use an old cell phone; even if the phone is not on your current mobile plan, you can still use it to call 911 after an accident.

Basic Toolkit

An essential car repair toolkit should include pliers, a screwdriver, an adjustable wrench, and duct tape. While they won’t help with major car repairs, these tools can help get you back on the road after a minor accident.

Jumper Cables

One of the most common road emergencies is a dead car battery. A set of jumper cables is inexpensive and does not take up a lot of space, so have a set in the trunk.

Fire Extinguisher

An overheating car can sometimes even start a fire, so having a fire extinguisher handy is important. Using the fire extinguisher when a fire starts in the engine compartment can prevent the conflagration from getting much worse.

Flashlight and Flares

Being in a car accident at night is scary and hazardous. If you are in a crash after the sun sets, carrying a flashlight and road flares is vital. A flashlight is essential in the dark, especially in rural areas with few streetlights. This tool helps you check for damage to determine if you can drive the vehicle or move it out of traffic.

Without a flashlight, there could be severe damage you cannot see, which makes it dangerous to drive. Remember to carry extra batteries and check them every quarter.

Road flares are essential for safety after accidents, especially in the dark. First, flares make the accident more visible and direct first responders to the area. Flares also help other drivers see your vehicle and avoid additional accidents.

Contact Information

If you are in an accident and unable to communicate with first responders, it is critical to have your name, medical information, and emergency contact information in the car. Having your cell phone and wallet on you in the vehicle may be sufficient. You also can keep a written list of this vital information in the glove compartment.

Things to Remember After a Car Accident

The items highlighted above in your vehicle can significantly help after a car accident. It also is important to remember to do the following after an auto accident:

Check If Anyone Is Injured

Illinois law requires you to see if anyone is injured after a car accident. If so, you need to call 911 or the local police to get medical assistance. In addition, you should never leave the scene of an accident until the police permit you.

Get Out of Danger

If it is a minor car accident and you are not hurt, move your vehicle slowly to the side of the road so it does not stop traffic. Moving the car keeps you out of danger and prevents additional accidents. Turn your blinkers on and put out road flares from your emergency kit.

Remember, you may be upset after the accident even if you are not hurt. In addition, you may not think as clearly as you usually would, so be careful around traffic. Getting as far away as possible from traffic is best to stay safe.

Contact Law Enforcement

You should always call the police to report a car accident. However, law enforcement may not always respond. Some police departments tell you to report the incident online. They may not always send a police officer to the scene if it is a minor crash.

If the police come to the scene, write down their badge number and contact details. Then, get a copy of the accident report from the officer. If the police do not come, go to the nearest police station to get a copy of the accident report.

You should always report even minor car accidents to the police. The other driver may ask you not to report it, but this leaves you open to a hit-and-run charge if they decide to change their story later.

Gather Evidence

A Hoffman Estates car accident lawyer will collect car accident evidence, but you can help by starting the process yourself. If uninjured, use your cell phone camera to photograph accident damages, vehicle positions, and the overall accident scene.

Next, take photos of the driver’s licenses of others involved in the crash and their insurance information. Also, take pictures of every driver’s license plate. Finally, get their contact information if there are witnesses to the accident. Your attorney will want to speak to witnesses as soon as possible before they start forgetting what happened.

See Your Physician

Many people feel fine after a car accident. But many injuries may not become evident for one or two days. For example, you could bang your head on the window and feel ok. But after a day, you could have headaches or memory loss. Or you could wake up the next morning and find you cannot move your head; whiplash symptoms also can take a few days to appear.

If you wait to go to your doctor, it could jeopardize an accident claim later. Also, if you file a personal injury lawsuit, the other driver’s insurance company will likely argue your injury was unrelated to the accident.

Don’t Admit Fault

Emotions often run high after a car accident, and you may say something that hurts your car accident claim. It is best not to say anything to other drivers except to exchange information. Never take responsibility for the accident, even if you are at fault. It is always best to say as little as possible to give your car accident attorney the best chance to obtain fair compensation for you.

Report The Accident to Your Insurance Company

It tempts some drivers to make a cash agreement to avoid reporting the incident to their insurance company. However, not calling your insurance provider is a risk; the other driver may not have insurance. In addition, if you have more severe injuries or property damage than you thought, you may need to tap your policy’s underinsured and uninsured motorist coverage. Reporting the incident to the insurance company as soon as possible is the safest action.

Contact Hoffman Estates Car Accident Lawyers Today

Anyone in a severe car accident probably has medical bills, rehabilitation, lost wages, and pain and suffering. You could be eligible for compensation if you have damages after a car accident.

Our Hoffman Estates car accident lawyers have fought for the rights of clients for more than 50 years. As a result, we obtain significant settlements and awards for our personal injury clients in Illinois. Our attorneys focus on personal injuries, auto accidents, slip & fall incidents, dog bites, and wrongful death.

SJ Injury Law attorneys serve Schaumburg and the greater Chicago area including the communities of Hoffman Estates, Mount Prospect, Rolling Meadows, Grove Village, Hanover Park, Arlington Heights, Oak Brook, and Streamwood. Please contact SJ Injury Law at 847-434-3555 for a complimentary consultation.

Fatalities From Car Accidents Increased Dramatically in 2021

traffic accidents

As time goes on, we tend to think that things get safer; technology helps protect us and do things that we, as humans can’t do. When it comes to cars, the technology in our cars is advanced enough to help us avoid accidents. But for a number of reasons, traffic accidents—and deaths—keep increasing.

In 2021, a lot of things changed, because of the changing conditions after the pandemic. Some of those changes were good positive changes. But some were not. One not-so-good change was the rapid and dramatic increase in the number of traffic fatalities on our roadways.

After a crash in Illinois, victims may be able to secure compensation for their losses. If you or someone you love was injured in a crash, please call the talented Schaumburg car accident lawyers at Claim Your Justice.

Early 2021 Statistics are Grim

Statistics are not available for all of 2021, but according to the National Highway Traffic Safety Administration (NHTSA), over 31,000 people died in traffic accidents from January to September of 2021. That represents an increase of about 12% from that same time period in 2020. That isn’t just a big increase—it’s the biggest increase during the initial 9 months of any year for the previous 15 years.

As you may imagine because of the 2020 shutdown, there were more miles actually traveled in the first months of 2021 than in the previous year. But even taking that into account, and adjusting on a per-mile basis, the fatality rate still went up in 2021, increasing to about 1.36 fatalities per 100 million vehicle miles traveled nationally.

Even 2020 Was Pretty Bad

But the 2021 upward trend is not an isolated event; traffic fatalities even increased on a percentage basis the year before, in pandemic-stricken 2020. Annual traffic data for 2020 showed the highest amount of traffic deaths since 2007 even though the total number of crashes actually decreased from the year previous.

If you think these increases are high, it gets worse–these 2020 and 2021 statistics are only on public roadways. They do not account for accidents in private driveways, or parking lots, which, when taken into account, would raise the fatality rate and total even higher than it is.

The NHTSA is putting together these statistics also only accounts for immediate or near immediate deaths; it does not account for deaths that are caused by a car accident, but where death may not actually happen until a few days after the actual accident (for example, if someone were to wane in the hospital and pass a few days later, or if a car accident were to cause a fatal heart attack days after the accident).

The trend is continuing, even into the first months of 2022. As of March 2022, there are estimates that traffic deaths will be at 3,570, which represents a 3% increase from 2021, and a whopping 25% increase from 2020. However, the deaths per mile have increased less dramatically, increasing only .08%.

State by State Data

These studies don’t just rank traffic fatalities by the entire nation, but also by state. According to a study by Uplift Legal Funding, research shows Texas as being one of the more dangerous states to drive in, at least in 2018 (note that numerous sources compile state-by-state data, and all may differ slightly). Part of the reason for Texas’ high death rate is that in some places, Texas has speed limits of up to 85mph.

Rhode Island was on the opposite end of the spectrum, with only 56 accidents in 2018. Although Illinois has a high population, it fared pretty well in the study, with only 948 traffic fatalities in 2018.

Interestingly, when fatalities are adjusted for state population when calculating deaths per 100,000 people, many of the numbers and states affected, dramatically change. More rural states like Alabama, Arkansas, Wyoming, and New Mexico tend to rank higher in traffic fatalities (Illinois still ranks relatively low, with 5-10 deaths per 100,000 people).

The states on track for the largest increases this year, in 2022, include Delaware, Connecticut, Vermont, and Nebraska, all of which are looking at increases in traffic deaths of over 50%.

Why All the Fatalities?

The federal government is calling the number of deaths on the roadways “a national crisis.” Government officials rate even cite an effort to combat feelings that the public has of traffic fatalities just being “inevitable.”
Why the increased numbers? The study cited things like speeding, driving under the influence of alcohol, being distracted, or not wearing a seat belt as potential causes. For example, fatalities for unrestrained occupants of cars, and for people driving under the influence shot up 14% in 2020. Even bicyclist fatalities and pedestrian fatalities increased in 2020. All this despite total vehicle miles having decreased by 11% from the year previous.
Online news site vox.com called the car crashes and deaths in America an “epidemic,” saying just being in our car and driving around is one of the most dangerous things that we do on a day-to-day basis.

Speed Kills

Although many factors cause accidents, high speed is a huge indicator in which crashes end up fatal and which do not. Experts have assumed that Texas’ 85 miles per hour speed limit may have accounted for its nation-leading traffic fatality rate.

There is something to that because experts also say that speeding is the reason why there were so many deaths in 2020, despite there being a national shutdown for part of the year. Experts say that with shutdowns came empty roads, and with that, came people driving at higher speeds.

Shutdowns and people have something to do for part of 2020, they have also led to more drunk driving or more reckless behavior like driving without a seat belt. Still, fatalities have increased, all the way into 2021 and 2022.

Pedestrian Deaths

One way to lower the overall fatality rate in car accidents is to try and lower the number of pedestrians that are killed. This is considered only a starting point in lowering traffic crash deaths (it should be noted that the studies did not look into the causes of accidents; sometimes, pedestrians are partially responsible for accidents as well).

In 2019, over 6,000 pedestrians were killed which was up 51% from 2009. Sadly, many people who are walking are doing so in neighborhoods where people may not be able to afford cars. Statistics also show people in low-income areas are more likely to be hit and killed as pedestrians. Plus, much of the technology that we have in our cars is designed to avoid collisions with cars—not with pedestrians.

It also is no coincidence that pedestrian deaths are increasing, as the popularity of large SUVs and trucks is increasing–statistics have shown that when these larger cars hit pedestrians, the result is more likely to be fatal than when a smaller car hits a pedestrian.

Even single-car accidents cause deaths, such as when cars crash into trees or posts or drive off of freeway ledges or cliffs.

Are Our Roadways Built Wrong?

Another contributing cause may be our roadways themselves. They are designed for speed and to get people where they are going quickly; that often conflicts with basic safety features. Our roadways try to do dual-duty: On the one hand, people want convenience, which means stores, restaurants, and shopping, but we also want those roads to be fast and efficient for us to commute on.

These roads are lined with shoppers, bicyclists, people slowing down to get in and out of parking lots, and (often missed) stop signs. The result is these kinds of roads end up doing neither thing well.

What are the Solutions?

The recent infrastructure bill may help things. It was passed by Congress and doesn’t just improve roadways and bridges but does include funding to try to make the roadways and traffic safer. The government is hoping that those improvements lower the fatality numbers in the future.

Still, there are no easy solutions. Certainly, lowering speed limits may help, but doing that tends to be unpopular, and speed limits are easily ignored. Some suggest that narrowing roads, installing roundabout intersections, or putting in more speed bumps may help, but that is a long-term and more expensive solution (and in many denser areas, there simply is not room to build things like roundabouts).

The good news is that cities that have used some of these measures have actually been successful at lowering traffic-related deaths.

Contact Our Hoffman Estates Car Accident Lawyers

If you need help or have questions about what your legal options are for obtaining compensation after your car accident the talented legal team at Claim Your Justice can help. Call our Hoffman Estates car accident lawyers at Claim Your Justice today to schedule a free consultation at 847-434-3555. We look forward to helping you with your car or truck accident case.

Steps to Take After a Car Accident in Kentucky

rear end car accident

After an accident, you may or may not be injured, but you will likely feel confused and frightened. That is natural and experienced by everybody. One thing that can help alleviate your fear is understanding what steps to take after an accident and knowing what to do and what not to do after a car accident. Call your Louisville car accident attorney with any questions. 

Move Your Car

You should always stop your vehicle after an accident, even if you are not at fault for the accident. Leaving the scene of an accident, even a minor one, is a crime. 

The first thing is to decide what to do with your vehicle, assuming that it’s driveable or moveable. If you cannot move your car, either because it is totaled or because you are not in physical shape to move it, you can leave it where it is. 

Make sure that you are in a safe place. If you need to leave your vehicle where it is and move somewhere safe, such as the side of the road, you should do so. 

Remember that “secondary accidents” are all too common. When your car is stationary after an accident, another car crashes into your immobile vehicle. If you can, you may want to get yourself away from the car, even if you cannot move it. 

Towing (or Not Towing)

The police will likely arrange for your car to get towed if it is immobile. If possible, get the contact information for the tow truck company so that you can locate your vehicle quickly when you are ready to get it back. 

If your car does not get towed, you should not fix or repair anything on your vehicle by yourself. Your insurance company and the other driver’s insurance company may want to evaluate the damages to your car. You could lose insurance benefits if you fix your car on your own and deprive the insurance company of the ability to have their adjuster review the damage. 

Calling 911 or Emergency Responders

You should immediately call 911 for help. Another driver may often offer to “take care of this between ourselves” and avoid the police or insurance companies getting involved. However, that is rarely a good idea. 

The police will arrive and often bring or call medical help if needed. If you need medical attention, immediately tell the 911 operator. 

The police will ask you preliminary questions about how the accident happened. It would be best to tell the officer what you know or remember, but this isn’t a quiz. You likely don’t remember every detail of the accident. The accident was stressful, happened quickly, and you are likely full of adrenaline. 

It would be best not to admit to fault or say that you did anything wrong because you may not know what is legally right or wrong. Just tell the officer what you observed, and avoid coming to legal conclusions about who was responsible for the accident. 

After the accident, you will be able to get a copy of the report that the police file. However, your Louisville car accident lawyer will also do this for you. 

Take Pictures and Document the Scene

If you can do so safely, take as many pictures and videos of the scene. Also, if it is safe, take photos of where the cars came to rest after the accident. But if you can’t do that, take pictures as soon as possible, after the vehicles move from the scene. 

Take pictures of as much of the area as you can. The images should include the following for both vehicles: damage to the car, interior and exterior of vehicles, debris or markings on the road (such as skid marks caused by the other vehicle), and damage to surrounding areas (for example, if a car veered off the road and hit a tree). 

Do not rely on others to document the scene for you. There is no guarantee that you will ever get access to pictures that the other driver is taking. 

Another handy tip is to take a quick picture of the other driver’s license plate if they decide to flee the scene before the police arrive. Call your Louisville car accident attorney with any questions. 

Call Your Insurance Company

Even if the accident was not your fault, call your insurance policy. You likely have insurance coverage that you can obtain. Regardless of who is at fault, and even if you are at fault, your insurance company has to know what happened in the accident so they can begin preparing a defense for you. 

Most insurance companies have 24-hour call centers that do primary intake on new reports, so you should call the insurance company no matter what time the accident happens. 

Like the police will likely do, your insurance company will ask you questions about the accident. Once again, tell them what you know, but you are under no obligation to answer every single question they ask you in detail. Avoid volunteering this information. Later, when you get a Louisville car accident lawyer, your attorney will give your insurance company more information about the accident. 

Remember that many insurance policies have strict deadlines to report a claim. If you have to wait a few days to report your Kentucky car accident because you are physically unable to do so, such as because you are in the hospital, that is fine. But, report the accident to the insurance company as quickly as possible. 

Get Witness Information

Often, observers or other vehicles or people who saw the accident will rush to your aid after the accident. Many, however, may leave before the police get there. If you can and can do so, try to obtain contact information for these witnesses. If the other driver denies how the accident happened, these witnesses may be vital to providing your case later on. 

You can also try to get the contact information from the other driver. However, do not engage with or interact with the other driver if they seem violent, angry, or volatile. 

Get Medical Help

Right after the accident, you may feel that you don’t need medical help. Perhaps you aren’t in pain, or at least not in great pain. 

The police, driver, or witnesses may ask how you feel. Avoid saying you are “fine” or “have no pain” because your body is adrenaline-filled after an accident. Your body can immediately mask the damage done to you in the accident. Do not rely on your pain level right after the accident. 

Additionally, many medical conditions after an accident may not hurt at first. Sometimes, the pain won’t show up for hours or even a day. Many injuries take time to develop. Just because you don’t feel pain immediately doesn’t mean you aren’t injured. 

Later on, the other side will often try to use the fact that you spontaneously said that you were “fine” against you. It is particularly true if you try to get compensation for injuries that develop later on. 

Talking to the Other Driver (and His or Her Insurance)

Sometimes the other driver will say or do things there at the scene, such as an offer to work the matter out between yourselves. They may also try to blame you for the accident. Do not be argumentative or angry. 

You should also not accept blame or blame the other driver–your Louisville car accident lawyer will take care of that part. However, if you feel it was the other driver’s fault, you should say that to the police and the insurance company. 

A few days after the accident, the other driver’s insurance company may try to contact you. If you have a personal injury attorney, you don’t have to worry about this–your Louisville car accident lawyer will cover all communications. 

However, before you have an attorney, either the other driver or their insurance company may propose to settle your case. They may not even say “settle” but may offer you some money. You should never accept money or sign any agreement without first talking to an injury attorney. 

Many of these “quick settlements” will never fully compensate you for your damages and injuries. They are offers designed to make you “go away” before you can receive what you are entitled to for your damages.  

Contact An Experienced Kentucky Car Accident Lawyer

These are just some of the immediate situations you may encounter after an accident. In the days and weeks after your accident, you may get overwhelmed with problems, pain, phone calls, or requests for documentation. 

You don’t have to worry about that–your Louisville car accident lawyer will take care of it for you and guide you through the entire process to focus on getting better and getting yourself back to you. 

Call our Louisville car accident attorneys at Claim Your Justice to schedule a free consultation at 847-434-3555 to help you with your car accident case.

Why you Should Hire an Attorney After a Serious Car Accident

car accident

Let’s say that you are in a bad car accident. You may not be an expert in the law, but you know one thing: The accident wasn’t your fault. It seems like an easy, open, and shut case. A drunk driver runs a red light or a stop sign and hits you from behind. You are significantly injured. It seems like an “easy” case…why hire an attorney? 

There are many reasons to hire an attorney–especially if your injury or the accident was severe. After a car accident in Chicago, you may face more problems and questions than you anticipate, and a Schaumburg car accident attorney can help you with those issues.

The Insurance Company Has More Legal Knowledge Than You

After an accident, you can expect to be contacted by the responsible side’s insurance company. The insurance company will use an adjuster to speak to you about your claim. That adjuster will be well trained in the law and how to negotiate.  Just when you thought you had a great case, the insurance company adjuster may tell you that you may have problems you didn’t anticipate. 

Maybe you were at fault, in full or partly, for the accident. Perhaps you weren’t following the rules of the road. Maybe the other driver isn’t at fault because they were trying to avoid another unknown careless driver. 

What will you say when the insurance adjuster says these things? Would you know what to say and whether the adjuster is correct or not? 

A Palatine car accident attorney has heard these same excuses from insurance companies over and over and knows how to deal with them. The insurance company’s adjuster is no match for your car accident attorney at Claim Your Justice. 

The Insurance Company Has More Resources 

The insurance company has a lot of resources at its disposal to investigate the accident that you don’t have. 

For example, the insurance company may have experts take pictures of the accident scene. They will have their mechanics analyze the damage from all the vehicles in the accident. They may have accident reconstruction experts that will try to “recreate” the accident (no doubt, in a way that shows they are not at fault). 

How will you get any of this information? Do you have experts of your own? Your car accident attorney certainly will. Your attorney will have some of the same resources that the insurance company has and will be able to request the information from the insurance company to counter their investigation. 

How Will You Pay Your Bills? 

After an accident, you will have medical expenses that insurance will cover, and you may have some costs that insurance doesn’t cover. A Buffalo Grove car accident attorney can help you in both cases. There may be questions about which insurance will cover the expenses.

You may have your car insurance, health insurance, and the other side’s insurance. Each of these insurances may have an adjuster. They will want information and documentation to pay your bills. However, what about your insurance coverage to repair your car? Your car accident attorney can also help you arrange those matters.

Your Claim Your Justice car accident attorney can work with all the insurance companies so that you don’t have to worry about paperwork or which insurance company is paying what–or worse. You don’t have to worry about potentially being denied insurance benefits if you don’t fill out paperwork or information correctly. 

That’s just your bills that insurance does cover. What about uncovered expenses? Your car accident attorney can work with your medical providers to keep your unpaid bills from going into default or collections while you are waiting to settle your car accident case. 

Watch What You Say

As time goes on, the insurance company on the other side may ask you questions about the accident. You may want to be helpful and tell them everything that you can. However, your statements can unwittingly lead you into saying something that could harm your case or which would justify making you a lower settlement offer. 

Your Hoffman Estates car accident attorney can communicate with the other side’s insurance company for you so that you don’t have to worry about saying something incorrectly or carelessly that could hurt your case. 

Should You Settle? 

The insurance company may offer you a settlement to your case, sometimes soon after the accident. What is a fair settlement offer? You would only know that if you have experience settling or trying injury cases in court the way Claim Your Justice car accident attorneys do. 

And if you do settle for less than what your case is worth, you are done–you can’t come back later and ask for more money if something “unexpected” arises (for example, surgery or other medical complication). 

Is the offer the insurance company is giving you a fair amount? You could file a lawsuit and try to go to trial. Claim YOur Justice accident attorneys can discuss what you can expect to happen in a trial. Not just what your outcome may be, but what the lawsuit process will be like for you. 

Of course, you can expect the insurance company to mislead you into believing that they are giving you “an incredible offer,” and they may say things like, “you should take this offer–you’ll never get this much in court!” Should you believe the insurance company and take the offer? Your Palatine car accident attorneys can tell you this.   

Reading the Settlement Agreement

Let’s say that the settlement offer the insurance company makes seems fair. You want to take the offer. But they don’t just hand you money. Before that happens, you have to sign a multi-page document with legalese. Do you know what is in the release or settlement agreement that the insurance company wants you to sign? 

These releases can have confidentiality agreements, indemnity agreements, or overbroad releases. The insurance company knows what’s in there and what it says. You may not, and you can’t be sure they will give you an honest answer if you ask. 

Your Palatine car accident attorney can review your settlement agreement and tell you whether the money you are receiving is reasonable and whether the settlement agreement you sign is fair. 

Do You Have to File a Lawsuit? 

If the insurance company doesn’t want to settle or doesn’t want to settle for what you consider to be a fair amount, and you didn’t get an attorney, you now may have a problem. Now you have to file a lawsuit, but whatever attorney you choose will not have been with your case from the beginning. It can put you at a disadvantage. 

Remember that there may be time limits to filing a lawsuit. If you hire an attorney too late, the attorney may not have time to thoroughly investigate your case and determine whether they want to represent you. The last thing you want is to hire an attorney that will be in a rush to evaluate your case. 

After You Get The Money

After your case is over, whether you settled or went to trial, getting your settlement money isn’t the end of your worries. 

Someone may need to negotiate with your medical providers to lower the amount you owe to them. Even your health insurance might want to get reimbursed if you used health insurance for your medical bills. 

A car accident attorney can take care of this to ensure that no outstanding medical bills are lurking out there when you get your settlement. The last thing you want is a medical provider who treated you, contacting you a year after settling your case, saying, “we never got paid.” 

Questions You May Not Have Thought About

During your case, you may have questions or problems that you never even anticipated–all issues that your Claim Your Justice car accident attorney has dealt with before and can help you. 

You may ask yourself, “Can the tow company charge that amount? Do I have to pay that emergency room bill now? Can my employer fire me because I was in an accident? Will a misdemeanor I had a few years back affect your case? Will my bankruptcy affect the car accident case?”

Almost every question you can imagine may come up, and your attorney will help you answer them or deal with them entirely for you. 

Call our personal injury attorneys in Palatine at Claim Your Justice to schedule a free consultation at 847-434-3555 to help you with your car accident case.