Being in an auto accident can result in much more than just higher insurance rates or car repair expenses. Victims of car accidents often face severe consequences, like permanent disabilities and long-term financial burdens.
You may be unable to pay medical bills, return to work, or cover basic living expenses after a crash. Accident victims can also struggle to afford necessary medical treatment. Our Rockford auto accident lawyer is here to help you seek compensation. At Crosby Law Firm, we’re dedicated to ensuring every client receives the support they need.
Schedule an initial consultation when you contact us online or call (815) 397-2006 today.
Our Injury Lawyer Is Here for You After an Auto Accident
Car accidents happen every day. In fact, in 2023, there were 1,143 fatal crashes in Illinois. Common types of car accidents include:
- Rear-End Collisions: These occur when one vehicle hits the back of another. Typically caused by distracted driving, tailgating, or abrupt stops, rear-end collisions are frequent in heavy traffic. They can cause injuries ranging from minor whiplash to serious back and neck trauma.
- Head-On Collisions: These serious accidents happen when two vehicles moving toward each other collide. Head-on collisions often result in severe injuries or fatalities due to the high impact forces involved. Common causes include distracted driving, impaired driving, speeding, and reckless behavior.
- T-Bone Accidents: T-bone crashes occur when the front of one vehicle strikes the side of another. These often happen at intersections when a driver fails to yield or stop, such as by running a red light. Injuries can be severe, particularly to occupants on the impacted side.
- Multi-Vehicle Pile-Ups: These crashes involve multiple vehicles and often occur in congested areas, poor weather, or low visibility conditions. Chain reaction collisions can cause extensive property damage and serious injuries.
- Sideswipe Collisions: Sideswipes happen when vehicles traveling parallel to each other make contact, often due to unsafe lane changes or failure to check blind spots. Secondary accidents may result if a sideswipe forces a vehicle off the road or out of a lane.
- Rollover Accidents: Rollover accidents are when a vehicle rolls over onto its side or roof. These are among the most deadly types of crashes. They often occur at high speeds or when a vehicle loses control due to sharp turns, slippery roads, or collisions with curbs or guardrails. Occupants in rollovers can experience violent movements inside the vehicle, roof collapse, and risk being ejected.
The type of accident you were involved in can affect how serious your injuries are. For example, head-on accidents usually cause more damage than rear-end collisions. The National Safety Council (NSC) reported that there were 5.1 million medically consulted injuries from motor vehicle incidents in 2023.
Regardless of the type of crash that occurred, you can still suffer severe injuries and may file a claim. Our personal injury lawyer in Rockford, IL, can help you seek fair compensation to cover all damages. Whether you suffered whiplash from a rear-end collision or a major head injury in a rollover accident, we’ll stand by you.
Damages Covered By a Car Accident Claim
Car accident claims can cover a wide variety of damages, such as:
- Lost wages
- Medical expenses
- Pain and suffering
- Permanent disability
- Scarring and disfigurement
- Property damage
- Wrongful death (for family members of accident victims)
In some situations, you may also be eligible to receive punitive damages. Punitive damages are meant to punish defendants who acted with extreme negligence or intentional harm and help deter similar behavior in the future.
At Crosby Law Firm, we understand the financial and emotional strain that follows serious accidents. That’s why we’re ready to help you through this difficult time. Our Rockford auto accident attorney will work diligently to get you compensation for all damages.
Car Accident Claim Evidence for Determining Fault
Determining who is liable in a car accident case is a crucial step in seeking compensation, especially in Illinois. This is because Illinois is an at-fault state. This means that a person hurt in an accident can file a personal injury claim against the at-fault driver.
To show liability, your auto accident attorney in Rockford will:
- Establish Duty of Care: The responsible party must have had a legal obligation, or “duty of care,” to behave responsibly to avoid causing harm to others. In car accidents, all drivers have a duty to operate their vehicles safely and obey traffic laws.
- Prove Breach of Duty: It must be shown that the driver or another party breached their duty. They may have done so by failing to act reasonably or violating traffic laws, such as by speeding or driving under the influence.
- Establish Causation: Causation means that the harm caused would not have happened “but for” the defendant’s breach of duty. It also means proving that the damages were a likely result of the breach.
- Demonstrate Damages: The accident must have caused measurable damages, such as injuries, medical bills, lost wages, etc.
The cause of an auto accident is usually that someone was driving unsafely. This can include driving under the influence (DUI), speeding, aggressive or distracted driving, etc. Other times, poor road conditions play a part, meaning local road authorities can be held liable for a crash. Some examples of dangerous conditions include debris on the road or large potholes.
Sometimes, car part manufacturers or mechanics can be at fault for accidents. Both have a duty to keep vehicles safe. If a recalled part wasn’t properly reported by a company or if a mechanic knowingly installed faulty parts to cut costs, they may be liable for an accident.
In truck accident cases, responsible parties can range from drivers to freight loaders and trucking companies. The typical severity of truck accident injuries emphasizes the importance of determining who is liable when filing a claim.
Essential Evidence
Figuring out who’s responsible for a crash can be complicated, but you don’t have to handle it alone. To build a strong case, our Rockford car accident attorney at Crosby Law Firm will gather all necessary evidence. This includes:
- Video footage and pictures of the accident scene
- Medical reports
- Eye-witness statements
- Mechanic reports
- Police reports
- Information from trucking companies (if applicable), like driver logs, dispatch records, route instructions, or maintenance and inspection records
Each piece of evidence plays a vital role in establishing fault and proving your case. Some of the best evidence includes videos and photographs of the accident scene. It’s important to take pictures of the damage to your vehicle, as well as any injuries that are visible immediately after the crash. Statements from witnesses can also help your case, as they add credibility to your claim.
Navigating Auto Insurance Claims in Illinois
In Illinois, car accidents are handled under an “at-fault” system. This means the driver responsible for the crash (and therefore, their insurance company) is legally obligated to cover the damages and medical costs of the other parties involved. While this sounds straightforward, the process of actually recovering those funds is often a battle.
Unfortunately, insurance companies are known for trying to reduce or deny claims. Having a Rockford, Illinois, car accident lawyer on your side is crucial when it comes to dealing with them. It is a frustrating reality that insurer-customer relations often become combative following a collision.
This tension exists because insurance companies are profit-driven entities. Fairly compensating every crash victim isn’t a part of their business model. Instead, they often look for any reason to deny your claim or lower the compensation you receive. Common tactics include:
- Insurers will frequently try to shift the blame onto you for the accident. Any assigned fault can directly reduce the value of your claim.
- Adjusters may take your words out of context or misrepresent what you’ve said. They often do this to try to make it seem like you’ve admitted liability.
- They may offer “quick cash” settlements that are far below what you actually need to cover long-term medical bills and lost wages.
Hiring an attorney is exactly what the insurer doesn’t want you to do. At Crosby Law Firm, we have extensive experience dealing with insurance companies that fight injury claims. We know their tactics and how to effectively counter them to get fair compensation. In the event you need to file a lawsuit, we are prepared to represent you in court.
Illinois Statute of Limitations for Car Accident Injury Claims
In Illinois, the statute of limitations for filing a car accident personal injury claim is generally 2 years from the date of the accident. This means injured parties have 2 years to file a claim seeking compensation for damages resulting from the accident.
If the injured party is under age 18 at the time of the crash, they technically have until age 20 to file. This is because the statute of limitations will effectively pause until they turn 18.
Contact Our Car Accident Lawyer in Rockford, IL
Crosby Law Firm has been serving the Rockford community since 1980. Our dedicated attorney is well-equipped to handle your case. We pride ourselves on providing personalized service and aggressive representation.
Whether you need help understanding your legal options or fighting for a fair settlement, Crosby Law Firm is here for you. We handle car, truck, and motorcycle accidents, as well as other personal injury cases. When you work with our Rockford auto accident lawyer, you’re choosing an experienced firm committed to your success.
If you’ve been injured in a car accident, don’t wait to seek legal help. Contact our trusted vehicle accident lawyer today. Schedule an initial consultation, and we’ll help you explore your options to get the compensation you deserve.
FAQs
Can you file an injury claim if you were the only driver involved in an accident?
Yes, you can often still file a claim even if no other vehicles were involved. While Illinois is an “at-fault” state, your ability to recover compensation depends on your specific situation.
In some cases, a single-vehicle accident is caused by a third party’s negligence. This could be a mechanical defect in your car or poorly maintained roads. In these instances, you may have grounds for a liability claim or a lawsuit against a manufacturer or government entity.
What is comparative negligence in Illinois?
Illinois follows a modified comparative negligence rule. This means that you can still get compensation even if you were partially responsible for the accident, provided you are 50% or less at fault.
Nonetheless, your overall compensation will decrease based on your level of fault. For example, if your total damages are $100,000 but you were found to be 20% responsible for the crash, you would receive $80,000. It is important to note that if you are found to be 51% or more at fault, you cannot seek compensation from the other driver. This is exactly why insurance companies try so hard to shift blame onto you during negotiations.
How long after a car accident can you claim an injury in Illinois?
In Illinois, the “expiration date” for filing a personal injury claim is known as the statute of limitations. Generally, you have 2 years from the date of an accident to file a claim for personal injuries.
