Last Updated: February 2, 2018
Illinois Car Accident Laws, Statutes and Code
Tenaciously Pursuing Compensation from Negligent Drivers – Illinois Auto Accident Lawyers
When you are T-boned in an intersection or hit head-on by a drunk driver, you might experience intense pain, significant medical bills, and permanent disability. A motorist who fails to exercise reasonable care for the safety of others might be responsible for your injuries. At Stein & Shulman, LLC, our Illinois car accident attorneys pursue the fullest recovery by investigating the liability of all potential parties.
While the basis for liability against an at-fault driver will usually be based on negligence, some car accident claim laws are specific to Illinois. Because personal injury and wrongful death victims need to be aware of these laws to protect their rights and maximize their right to recovery, our law firm has provided an overview of some of these Illinois car accident claim laws.
Car Insurance Requirements Under Illinois Law
Even when the negligence of the other driver is established, the ability of an injury victim to obtain financial compensation usually depends on the existence of insurance coverage. The Illinois mandatory minimum liability coverage laws require drivers must carry only amounts to $20,000 per injury victim and $40,000 per accident. These limits will be woefully inadequate when an injury victim suffers serious injury, or multiple victims suffer an injury in a crash. The situation can be even worse if you are hit by an uninsured or underinsured driver. Many people end up in this unfortunate situation because about one in seven Illinois drivers is uninsured, and three in twenty drivers have insufficient coverage according to the Insurance Research Council.
Given the risk that an uninsured or inadequately insured driver will not be able to fully compensate you for your losses, our Chicago car accident lawyers recognize the importance of exploring the liability and insurance coverage of all potential defendants.
Some of the parties we might pursue a claim against include:
- Other drivers
- Employer of the driver
- Public entities for unsafe roads
- Automaker based on auto defects
- Vehicle owners
- Injury victims uninsured motorist or underinsured motorist coverage (UM/UIM coverage is mandatory in Illinois)
Comparative Fault Laws in Illinois
If you file a personal injury or wrongful death lawsuit, the other driver’s insurance company often defends these cases by attempting to shift blame to the plaintiff. Even if a judge or jury determines that you are partially responsible for your injuries, this does not preclude your recovery. Illinois is a modified comparative fault jurisdiction, which means that your damages will be reduced by the degree of fault assigned to the plaintiff. If the judge or jury decides that the plaintiff is 51 percent at-fault for causing his or her injuries, any recovery is barred. Our Illinois auto accident lawyers anticipate that insurers will attempt to blame our client, so we engage in a careful investigation of the crash site, analysis of law enforcement accident reports, accident reconstruction expert opinions, and witness accounts so that we are prepared to defeat this strategy.
Deadlines for Pursuing a Car Accident Claim under Illinois Law
The statute of limitations is the deadline that specifies when a lawsuit must be initiated after your car accident. A personal injury lawsuit must be filed within two years of your collision under Illinois law. If an unsafe road was a factor in your accident, you might be subject to special requirements under the state’s tort claims act, which requires providing notice within one year after the accident. Failure to provide timely notice typically will preclude the right to pursue a claim against a government entity. In some cases, your Illinois car accident will settle during the deposition or before trial.
Speak to a Chicago Auto Accident Injury Lawyer Today
The experienced Chicago Car Accident Lawyers at Stein & Shulman, LLC understand the challenges of dealing with the consequences of a serious car accident. Our law firm offers a wealth of experience and a proven track record of obtaining large verdicts and settlements for your clients. We invite you to contact us today at (312) 422-0500 or email us to schedule your free case evaluation.
Author: Shulman, Robert
Topic: Illinois Car Accident Laws
This article discusses the current Illinois Car Accident Laws, statute of limitations, and code for personal injuries in the State of Illinois.