Accidents happen often on the busy roads of Chicago. Getting involved in a traffic mishap can be scary, and victims often suffer serious injuries in such accidents. If you are a victim and wondering what to do about the situation, you should talk to an expert. Consider engaging a Chicago car accident attorney, who will guide you on the next steps. In this post, we are sharing a quick recap of the car accident laws in Illinois.
Illinois has a fault-based system
An injured driver must file the claim with their insurer in no-fault states. However, Illinois has a fault-based rule, where the driver responsible for the accident is also accountable for the losses that others incur. Filing a lawsuit against the at-fault party requires the claimant to have relevant evidence.
There is a time cap
As in all states, there is a statute in Illinois, too, for filing car accident lawsuits. If you want to act against the driver responsible for your losses, you must file the lawsuit within two years. At the same time, the two-year cap also exists for wrongful death lawsuits. However, if you want to sue for vehicle damage alone, the deadline is five years. The statute of limitations is meant for civil lawsuits and not insurance claims. For the latter, you have to inform the insurance company and start the claims process at the earliest.
The modified comparative fault rule
Illinois has a “comparative fault” system, where if two drivers are liable for the same traffic accident, their actions determine the outcome. If you are partly at fault, you can still sue the other party, provided your fault percentage is less than 50%. Once you recover money, it will be adjusted for the share of your blame. For example, if you won $100,000 in a settlement and were 10% liable for the accident, you will now get $90,000.
Get a lawyer
Car accident lawsuits are often complex. To add to the woes, insurance companies often don’t empathize with victims and deny claims for unexplained or petty reasons. You need a credible and experienced injury lawyer who can stand for you and offer the support you need. Starting with the initial investigation to finding evidence, talking to witnesses, and everything related to paperwork, they will do it all.
Hiring an accident lawyer in Chicago doesn’t require an upfront fee, as such cases are usually accepted on a contingency basis.