Illinois Car Accident Lawyer

Can you sue the other driver right away after an Illinois car crash?

Yes. Illinois is an at-fault state, so you can bring a claim against the driver who caused the crash without first using up your own coverage or meeting an injury threshold.

The claim usually goes to the at-fault driver's liability insurer. It can include medical bills, lost wages, future care, property damage, and pain and suffering. Illinois does not cap those damages in ordinary car crash cases, so the value depends on the evidence rather than a fixed limit.

While the claim is pending, your health insurance or optional medical payments coverage may pay early bills. Those insurers may seek repayment from your settlement, so keep track of every payment.

How is fault split in a Chicago intersection crash?

A jury assigns a percentage of fault to each driver. Your award is reduced by your share, and you recover nothing if your share is more than 50%.

Chicago intersections produce many disputes. Left turns on a green light, drivers racing a yellow, and crowded crosswalks all create situations where both drivers blame each other. Consider a crash on Western Avenue where you were turning left and an oncoming driver ran a red light. Your losses total $150,000.

• If the jury finds you 20% at fault for turning too soon, you recover $120,000.
• If it finds you 50% at fault, you recover $75,000.
• If it finds you 51% at fault, you recover nothing.

Evidence that shifts those numbers includes city traffic camera images, nearby business cameras, rideshare dash cameras and vehicle event data. Much of that video is kept only for a short time, so it should be requested quickly.

What happens when the at-fault driver has no insurance?

Your own uninsured motorist coverage steps in. Illinois requires uninsured motorist coverage on every auto policy, and it also covers many hit-and-run crashes.

Underinsured coverage helps when the at-fault driver has insurance but not enough. Illinois minimum liability limits are low compared with the cost of a hospital stay, so a serious injury can exceed the other driver's policy quickly. Before settling with the other driver's insurer, notify your own insurer, because your policy may require its consent.

Other sources can include an employer if the driver was working, or the owner of a vehicle who let an unsafe driver use it.

Who pays after an Uber or Lyft crash in Chicago?

It depends on what the rideshare driver was doing. Rideshare companies carry commercial coverage that applies in stages, depending on whether the app was on, whether a ride was accepted and whether a passenger was in the car.

Passengers usually have access to the largest layer of coverage. Drivers and pedestrians hit by a rideshare vehicle may also claim against that coverage. Our guide to rideshare and taxi accidents explains how the stages work.

What makes downstate Illinois crashes different?

Outside the Chicago area, crashes often happen at high speed on two-lane highways and rural roads. Farm equipment, deer and long distances to trauma centers add to the danger.

• Tractors and combines on state routes during planting and harvest.
• Uncontrolled rural intersections hidden by tall corn in late summer.
• Deer collisions in fall, especially at dawn and dusk.
• Ice and blowing snow across open farmland in winter.
• Interstates such as I-55, I-57 and I-74, where heavy trucks mix with commuters.

If you swerve to avoid a deer and hit another car, fault depends on whether your reaction was reasonable. A collision with the deer itself is usually handled under your own policy rather than as an injury claim against anyone else.

Each setting raises different evidence questions. A rural crash may turn on lighting and signage on farm equipment, while an interstate crash may involve a commercial truck. Our page on Illinois truck accidents covers those cases.

What steps protect an Illinois car accident claim?

Act quickly to preserve evidence and keep track of your deadlines.

1. Call police for any crash with injuries and get the report number.
2. Photograph both vehicles, the scene, traffic signals and your injuries.
3. Get medical care quickly and follow your treatment plan.
4. Ask nearby businesses to save video footage.
5. If a city, county or transit vehicle was involved, note the 1-year lawsuit deadline.
6. Avoid recorded statements to the other insurer before getting advice.

For more on these claims, see our general car accidents guide and our main Illinois page. Our team offers a free case review, and there is no fee unless we win.