Side-impact collisions can cause some of the most serious injuries we see on Schaumburg roads because the person inside the vehicle may have only a door, a window, and a relatively small amount of structural protection between their body and the point of impact. These crashes frequently occur at intersections, when one driver turns across traffic, fails to yield, runs a red light, or enters a roadway without enough time to clear approaching vehicles.
In Schaumburg, serious side-impact accidents can occur along heavily traveled roads such as Golf Road, Higgins Road, Roselle Road, Schaumburg Road, Barrington Road, and the streets feeding traffic toward Interstate 90 and Route 53. When another driver causes this type of collision, I look beyond the immediate medical bills and consider the full financial and personal effects of the injuries. A side-impact injury claim may include compensation for medical treatment, future care, lost income, diminished earning ability, pain and suffering, disability, and other losses caused by the crash.
A side-impact accident, sometimes called a T-bone collision, occurs when the front of one vehicle strikes the side of another. These crashes can be especially dangerous because there is generally less vehicle structure along the side of the passenger compartment than at the front or rear. The force of the collision can be transferred directly toward the driver or passenger sitting near the point of impact.
The resulting injuries may involve the head, brain, neck, spine, shoulder, ribs, pelvis, hips, knees, and internal organs. Some victims suffer fractures, herniated discs, traumatic brain injuries, torn ligaments, nerve injuries, or internal bleeding. Others may initially believe their injuries are minor, only to develop significant pain or neurological symptoms during the days following the collision.
The severity of the injury is important when determining compensation, but it is not the only consideration. I also examine how the injury affects your ability to work, perform household activities, sleep, exercise, care for family members, and participate in the activities that were part of your life before the accident.
Medical expenses are often one of the largest components of a serious side-impact accident claim. If another driver’s negligence caused your injuries, I may seek compensation for reasonable medical expenses related to the collision.
These expenses can include emergency transportation, emergency room treatment, diagnostic imaging, physician appointments, physical therapy, medications, injections, orthopedic care, neurological treatment, chiropractic treatment when medically appropriate, and surgery. A serious collision may also require MRIs, CT scans, nerve studies, or additional testing to determine the extent of the injuries.
I do not evaluate a claim based solely on the medical bills you have already received. If your doctors expect you to require additional treatment, future medical expenses may also need to be included. Accepting a settlement before your medical condition is reasonably understood can create a serious problem because you generally cannot return to the insurance company later and demand additional compensation after settling the claim.
Some side-impact injuries do not resolve after a few weeks of treatment. A spinal injury may eventually require injections or surgery. A shoulder injury may require arthroscopic repair. A traumatic brain injury may cause persistent cognitive or neurological symptoms requiring long-term treatment.
When future care is reasonably anticipated, I look at what that care may cost and how long it may be required. Future damages can become especially important when a person suffers permanent impairment or an injury that will require periodic treatment for many years.
The insurance company may attempt to value the case based primarily on what has already happened. My responsibility is to consider what the injury is likely to cost you going forward as well.
If your side-impact accident keeps you from working, you may be entitled to pursue compensation for income you lost during your recovery. This may include wages, salary, commissions, overtime, or other employment income that can be documented.
More serious injuries may affect your ability to earn money long after you return to work. For example, a person with a significant back injury may no longer be able to perform physically demanding work. Someone with a traumatic brain injury may experience problems with concentration, memory, or processing speed that interfere with a professional career.
When an injury permanently reduces your ability to earn income, I may pursue damages for diminished earning capacity. This issue can require careful analysis of your employment history, education, occupation, age, medical restrictions, and likely future career path.
A personal injury claim is not limited to bills and lost wages. Illinois law also permits injured people to seek compensation for non-economic losses associated with their injuries.
Pain and suffering may include the physical pain caused by the collision itself, surgery, rehabilitation, ongoing symptoms, and permanent medical conditions. It can also account for the way pain interferes with everyday life.
A broken pelvis, spinal injury, or serious shoulder tear can make basic activities difficult. Sleeping, driving, walking, exercising, lifting children, performing household work, or even sitting comfortably for extended periods may become painful. These consequences are real losses, even though they do not arrive in the form of an invoice.
I work to document these effects so that the claim reflects how the injury actually changed your life rather than reducing the case to medical bills alone.
Some injuries cause permanent physical limitations. Illinois personal injury claims may include damages related to disability and loss of a normal life when supported by the evidence.
Loss of normal life concerns how an injury interferes with activities and experiences you previously enjoyed. A person who was physically active before a collision may no longer be able to run, golf, cycle, travel comfortably, or participate in recreational activities. Another person may have difficulty caring for children or maintaining a household.
These damages can become particularly important in catastrophic injury cases because the consequences may continue for decades.
Side-impact accidents frequently involve disputes about right-of-way. One driver may claim the other vehicle entered the intersection improperly, while the other driver gives the opposite account.
Illinois traffic laws provide important rules for determining responsibility. Under 625 ILCS 5/11-305, drivers generally must obey official traffic-control devices. Illinois law also establishes rules governing traffic signals under 625 ILCS 5/11-306.
Left-turn crashes are another common source of side-impact injuries. Under 625 ILCS 5/11-902, a driver intending to turn left generally must yield to approaching traffic that is close enough to constitute an immediate hazard. At certain uncontrolled intersections, Illinois law also requires the driver on the left to yield to the vehicle on the right when the vehicles approach at approximately the same time.
Determining fault may therefore require more than reading the police report. I may examine photographs, vehicle damage, witness statements, intersection video, traffic cameras, nearby business surveillance, electronic vehicle data, and other evidence showing how the collision occurred.
Insurance companies sometimes argue that an injured driver contributed to the collision. Under Illinois’s modified comparative fault rule, 735 ILCS 5/2-1116, an injured plaintiff can generally recover damages if the plaintiff’s contributory fault is not more than 50 percent. However, the award is reduced by the plaintiff’s percentage of fault. A plaintiff found more than 50 percent responsible is barred from recovery under that statute.
For example, if total damages were $200,000 and the injured driver were found 20 percent responsible, the recoverable amount could be reduced by 20 percent. That makes fault allocation extremely important.
Insurance companies understand this rule. An attempt to place even a portion of the blame on you can reduce what they ultimately have to pay. I therefore take allegations of comparative fault seriously and examine the evidence that supports or contradicts the insurer’s position.
The value of a side-impact accident claim should not be determined by multiplying medical bills by an arbitrary number. Every serious injury case has to be evaluated individually.
I consider the type of injury, objective medical findings, treatment received, surgeries, expected future treatment, permanent restrictions, lost earnings, future earning limitations, physical pain, emotional consequences, disability, and loss of normal life. The strength of the liability evidence and available insurance coverage may also affect the practical recovery.
A side-impact accident that causes a temporary strain is fundamentally different from one resulting in spinal surgery, permanent nerve damage, traumatic brain injury, or a disabling pelvic fracture. The compensation analysis needs to reflect those differences.
Evidence at an intersection can disappear surprisingly quickly. Surveillance video may be overwritten. Witnesses may become difficult to locate. Vehicles may be repaired or destroyed. Tire marks and roadway evidence disappear.
I want to identify potential sources of evidence early. Depending on the crash, this may include nearby stores, restaurants, apartment buildings, municipal cameras, traffic-control information, vehicle data, cell phone records when legally obtainable, and photographs from the scene.
That evidence can be particularly important when both drivers claim they had the right-of-way. Establishing what actually happened can directly affect whether you recover compensation and how much you ultimately receive.
A side-impact collision can change far more than the condition of your vehicle. You may be dealing with pain, medical appointments, missed work, uncertainty about your recovery, and pressure from an insurance company that wants to resolve the claim before the full consequences of your injuries are known. At SJ Injury Law, I examine the complete effect of the crash when pursuing compensation, including current and future medical expenses, lost earnings, diminished earning capacity, pain and suffering, disability, and loss of normal life.
Call our Schaumburg side-impact accident lawyer at SJ INJURY LAW at (847) 434-3555 to receive your free consultation. I represent people injured in serious motor vehicle accidents throughout Schaumburg, Chicago, the northwest suburbs, and communities across Illinois.
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