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Fair Compensation for Car Accident Victims in Chicago
At Chicago Injury Center, our Chicago car accident lawyer team is committed to helping crash victims recover fair compensation after a severe collision. We’ve handled claims across Cook County—from crashes on Lake Shore Drive to pileups on the Eisenhower—and we know how local courts, judges, and insurance companies operate. Our attorneys are prepared to take on tough cases involving serious injuries, disputed liability, and uncooperative insurers. We’re here to fight for what you’re owed.
Car Accident Settlements Recovered by Our Chicago Law Firm
At Chicago Injury Center, our legal team has decades of experience representing individuals and families affected by serious auto accidents. We’ve recovered millions for car accident victims throughout the city, including high-stakes cases involving wrongful death, spinal injuries, and permanent disability. Here are just a few examples of recent results:
$4,000,000 – Fatal Crash During Work Travel
Daniel, a 43-year-old father of two, was riding as a passenger on a work-related trip for a logistics firm based in the West Loop when the driver lost control on I-294 near Oak Brook. He suffered fatal injuries at the scene. His family brought a wrongful death claim against the employer and a third-party contractor. The case value was significantly impacted by the loss of future earnings, Daniel’s role as the primary provider, and the employer’s failure to follow internal safety travel protocols. The family recovered $4 million in compensation.
$3,200,000 – Pedestrian Hit in Crosswalk
Michael, a 57-year-old man with a disability, was struck by a delivery van while crossing the intersection at Michigan Avenue and Ohio Street in Streeterville. He suffered multiple orthopedic injuries, including a fractured pelvis and femur, requiring long-term rehabilitation. Video footage and eyewitness testimony confirmed the driver failed to yield. Michael’s limited mobility increased the medical risks, which contributed to the $3.2 million settlement after extensive negotiation with the company’s insurer.
$2,000,000 – Rollover Crash Causes Multiple Injuries
Erica, a 35-year-old nurse from Logan Square, was injured when her SUV was hit by a speeding driver on the Dan Ryan Expressway near 35th Street, causing her vehicle to roll. She sustained a concussion, broken ribs, and internal injuries. Her recovery required multiple hospitalizations and extended time off work. The settlement reached reflected the severity of the injuries, the reckless conduct of the at-fault driver, and the emotional distress caused by the crash.
$1,600,000 – Rear-End Collision with Spinal Surgery
Latasha, a 49-year-old administrative assistant commuting along North Avenue in Humboldt Park, was rear-ended by a commercial box truck. She experienced a herniated disc at the L4-L5 level and underwent a lumbar fusion surgery. Despite returning to work part-time, she continued to suffer from chronic back pain. The $1.6 million settlement accounted for her surgical costs, ongoing pain management needs, and diminished earning capacity.
Why Choose Chicago Injury Center
Chicago Injury Center is led by a team of top-rated Chicago car accident lawyers with a proven track record of success. Our firm has recovered over $500 million for injury victims across Illinois, earning national recognition from Super Lawyers and a perfect 10/10 Avvo rating. We’re known for securing full and fair compensation in complex motor vehicle accident cases involving serious injuries and wrongful death. As a trusted personal injury law firm, we offer every client personalized service, aggressive representation, and a deep understanding of Illinois personal injury law.
Types of Motor Vehicle Accidents Our Law Firm Handles in Chicago
At Chicago Injury Center, our top-rated Chicago car accident lawyers have decades of experience handling a wide range of motor vehicle accident cases across the city.
Rear-End Auto Accidents
Rear-end collisions are among the most common crashes in Chicago, often caused by distracted or aggressive driving. Under Chicago Municipal Code §9-40-150, drivers must leave a safe distance. An experienced car accident lawyer can help establish fault, calculate damages, and counter insurance company attempts to downplay soft tissue or spinal injuries.
Left Turn Car Crashes
Left-turn accidents frequently occur when a driver misjudges an oncoming vehicle’s speed. §9-16-020 requires yielding before turning. Our attorneys gather traffic camera footage, witness statements, and crash reports to prove the turning driver’s negligence and fight for fair compensation for victims’ medical bills and lost income.
Stop Sign Car Accidents
Running a stop sign violates Chicago’s traffic code (§9-24-010) and often results in serious T-bone or side-impact collisions. A car accident attorney can collect crash scene evidence, subpoena traffic citations, and work with accident reconstruction experts to prove the at-fault driver’s failure to obey posted signs.
Head-On Collisions
Head-on crashes often lead to catastrophic injuries or fatalities, especially on two-lane roads like parts of Lake Shore Drive or Ashland Avenue. These crashes may involve speeding, impairment, or fatigue. Our legal team investigates all causes and helps victims recover compensation for long-term care, lost wages, and pain and suffering.
T-Bone Auto Accidents
Side-impact crashes often happen at intersections when one driver ignores a red light or stop sign. §9-16-020 mandates drivers yield at all controlled intersections. A Chicago car accident lawyer can use surveillance footage and police reports to hold negligent drivers accountable and recover full damages for serious injuries.
Sideswipe Car Crashes
Sideswipes typically occur during unsafe lane changes or merges, especially on I-90/94 or the Dan Ryan Expressway. These crashes may seem minor, but they can cause significant damage at high speeds. An attorney can help prove fault, challenge comparative negligence claims, and demand compensation for hidden injuries like whiplash or back trauma.
Hit-and-Run Accidents
Hit-and-run crashes are a major issue in Chicago, especially in neighborhoods with heavy traffic and limited street lighting. Under §9-56-010, leaving the scene of an accident is a serious offense. A Chicago car accident lawyer can help identify the driver, file an uninsured motorist claim, and pursue compensation.
Rollover Auto Accidents
Rollover crashes often occur on expressways like I-290 or when a vehicle hits a curb or divider at high speeds. These accidents usually involve SUVs or trucks and can cause traumatic brain injuries. Our attorneys work with engineers and reconstruction experts to determine liability and seek fair compensation for victims.
Wrong-Way Driving Accidents
Wrong-way crashes, though rare, are often fatal and result from intoxication or confusion. They commonly happen on ramps or one-way streets like Lower Wacker Drive. A car accident attorney can gather video evidence and toxicology reports to build a strong case for the victim or their family in a fatal car accident claim.
Single-Vehicle Accidents
A single-vehicle crash doesn’t always mean the driver is at fault. Poor road design, defective auto parts, or evasive actions to avoid another vehicle can be contributing factors. Our team investigates every angle to determine whether a third party—like a municipality or manufacturer—shares legal responsibility.
Multi-Vehicle Accidents
Pileups on highways like I-55 or the Kennedy Expressway often involve complex chains of fault. Determining liability in these cases can be difficult without legal help. Our attorneys coordinate with all involved parties, preserve evidence early, and work to ensure our clients aren’t unfairly blamed or undercompensated.
Merging Car Crashes
Failure to yield while merging is a leading cause of sideswipe and rear-end crashes, especially during lane reductions in construction zones. §9-40-200 requires drivers to yield when entering traffic. Our legal team reviews traffic laws, dash cam footage, and witness statements to establish liability and recover damages.
Failure-to-Yield Accidents
Chicago drivers are required under §9-24-070 to yield the right of way in designated situations, including to pedestrians and at yield signs. Failure to do so can cause dangerous crashes at intersections or when turning left. A car accident lawyer investigates traffic violations and works to prove fault for injured victims.
Intersection Accidents
Busy intersections like those at Western Avenue and Belmont or Cicero and Madison are hotspots for collisions. These crashes often involve disputed right-of-way issues. Our attorneys use red light camera footage, intersection diagrams, and witness testimony to establish liability and support a successful car accident claim.
Highway Auto Accidents
Crashes on highways like the Dan Ryan or Eisenhower Expressways can involve high-speed impacts, commercial trucks, and multiple vehicles. These cases require in-depth investigation, often with the help of accident reconstruction experts. Our legal team handles the complex evidence and insurance issues unique to highway collisions.
Accidents Involving Pedestrians
Pedestrians in crosswalks are protected under §9-24-050. Drivers who fail to yield or who speed through intersections can cause devastating injuries. A Chicago car accident attorney helps pedestrians recover compensation for medical costs, lost wages, and long-term rehabilitation needs.
Accidents Involving Cyclists
With an expanding network of bike lanes, collisions between cars and cyclists have risen. Dooring incidents, unsafe lane changes, and right turns into bike lanes are common causes. We’re familiar with Chicago’s cycling infrastructure and §9-4-025, and we advocate for full recovery when a cyclist is injured.
Accidents Involving Motorcyclists
Motorcyclists are often seriously injured in crashes due to a lack of protection. Drivers may fail to check blind spots or misjudge distance. Our lawyers understand the unique challenges of motorcycle injury claims and work to overcome common insurance company defenses that try to shift blame to the rider.
Accidents Involving Trucks
Truck crashes in Chicago often happen along major shipping routes like I-90 or near distribution hubs. These cases may involve commercial vehicle regulations, federal trucking laws, and company liability. We pursue claims against both drivers and their employers for violations like fatigue, improper loading, or maintenance failures.
Accidents Involving Buses
Whether it’s a CTA bus or a private shuttle, bus accidents present unique legal challenges. Claims may involve government entities and special notice requirements. Our law firm has experience handling these claims and ensuring victims get compensation for medical bills, missed work, and long-term care needs.
Fatal Car Accidents
Losing a loved one in a fatal crash is devastating. Our attorneys help surviving families file wrongful death claims to recover funeral costs, loss of financial support, and emotional suffering. We guide families through the legal process with care and work hard to hold negligent drivers accountable.
What Are the Most Common Causes of a Car Accident in Chicago?
Car accidents in Chicago are often the result of preventable behaviors or unsafe conditions. From distracted driving on Lake Shore Drive to failing to yield at busy intersections like Cicero Avenue and Madison Street, many crashes stem from violations of local traffic ordinances.
Distracted Driving
Texting, using GPS, or eating while driving causes countless crashes across Chicago. Under Municipal Code §9-76-230, using a mobile phone without hands-free technology while driving is prohibited. A lawyer can obtain phone records or surveillance footage to prove distraction and establish fault in a car accident claim.
Speeding
Speeding reduces reaction time and increases crash severity. Chicago enforces strict speed limits under Municipal Code §9-12-070, with cameras deployed in school and safety zones. A lawyer can obtain crash data, speed camera evidence, or black box reports to prove that a speeding driver caused the accident.
Drunk Driving
Driving under the influence is a significant factor in fatal crashes. Per Municipal Code §7-24-226, driving with a blood alcohol concentration over 0.08 is illegal. A car accident attorney can use police reports, breathalyzer results, and expert testimony to prove intoxication and secure compensation.
Drug-Impaired Driving
Illegal substances and even some prescription drugs can impair drivers. DUI laws under §7-24-226 apply to drug use as well. A lawyer can use toxicology reports and expert medical testimony to demonstrate impairment and hold the at-fault party accountable.
Drowsy Driving
Fatigued driving can impair judgment and slow reaction times, similar to intoxication. There are no specific ordinances, but liability may still be established. An attorney can use work logs, crash timing, and expert analysis to argue that fatigue contributed to the crash.
Reckless or Aggressive Driving
Tailgating, weaving between lanes, and excessive speeding violate Municipal Code §9-40-140, which prohibits reckless driving. Lawyers help gather witness statements, dash cam footage, and citations to prove that aggressive behavior directly caused the accident.
Following Too Closely
Rear-end crashes often result from tailgating. Chicago law under §9-40-150 requires drivers to maintain a safe distance. An experienced lawyer can argue that the at-fault driver failed to follow this ordinance, making them liable for injuries and damages.
Failing to Yield the Right of Way
Intersections are frequent crash zones when drivers don’t yield. Under §9-24-070, drivers must yield to oncoming traffic when turning left. A lawyer can use traffic camera footage and intersection diagrams to prove that failure to yield caused the crash.
Running Traffic Signals
Running red lights is a common cause of side-impact collisions. Chicago uses red-light cameras under §9-102-020. A car accident attorney can request footage and use violation records to support your personal injury claim.
Unsafe Lane Changes
Changing lanes without signaling or checking blind spots can lead to sideswipe or multi-vehicle accidents. Municipal Code §9-40-200 requires drivers to signal before changing lanes. Legal representation helps prove the violation and secure fair compensation.
Improper Turns
Illegal U-turns or failing to turn from the proper lane often result in intersection crashes. Chicago Municipal Code under §9-16-050 regulates proper turning procedures. A car accident lawyer will collect intersection data and witness statements to support your claim.
Driving Without Headlights or Signals
Failing to use headlights or turn signals is dangerous, especially at night or in bad weather. Municipal Code §9-76-050 requires proper vehicle lighting. An attorney can prove the other driver’s failure to comply and link that to your injuries.
Inexperienced Drivers
Young or newly licensed drivers often misjudge speed, distance, or traffic rules. While not illegal, inexperience may contribute to negligence. A lawyer can use driving records and crash evidence to argue that inexperience played a key role in the accident.
Vehicle Defects or Mechanical Failures
Faulty brakes, steering issues, or tire blowouts can cause crashes. If the car part was defective, manufacturers may be liable. A Chicago accident lawyer can pursue a product liability claim alongside the auto accident case to recover full compensation.
Poor Road Maintenance
Potholes, missing signs, or malfunctioning lights can cause accidents. Under certain circumstances, the City of Chicago may be held liable. Legal counsel helps file timely claims against the city under the Illinois Tort Immunity Act and prove negligence.
Adverse Weather Conditions
Snow, ice, and fog can increase crash risk. While the weather isn’t controllable, drivers are still expected to adjust their behavior accordingly. An attorney can argue that the at-fault driver failed to operate safely under the conditions, breaching their duty of care.
Tire Blowouts
Improperly maintained or defective tires can lead to a dangerous loss of control. If the tire was faulty or installed incorrectly, your lawyer can pursue claims against the manufacturer, retailer, or maintenance provider, depending on the evidence.
Obstructed or Limited Visibility
Under Chicago Municipal Code §9-40-250, it is prohibited to drive with the view obstructed. Drivers are responsible for maintaining clear visibility. Legal professionals use photographs, expert testimony, and municipal codes to show that a visibility issue led to the accident.
Driving Under the Influence of Prescription Medication
Some medications impair reaction time and judgment. If a driver ignored warnings and caused a crash, your lawyer can use medical records and expert input to prove impairment and recover damages for your injuries.
Driver Fatigue
Commercial drivers, especially truckers, are often overworked. Fatigue-related crashes may violate federal hours-of-service regulations. A Chicago car accident lawyer can subpoena driver logs and employer records to show noncompliance and secure compensation.
Common Serious Injuries Sustained in Chicago Motor Vehicle Accidents
Motor vehicle accidents in Chicago can lead to a wide range of serious and life-altering injuries. Some of the most common include broken bones, burns, and facial injuries, especially in high-speed crashes or rollover accidents. Victims may also suffer neurological injuries, crush injuries, or even require amputation if limbs are severely damaged or trapped.
Whiplash, spinal cord injuries, and other back and neck injuries are frequent in rear-end collisions, while traumatic brain injuries (TBIs) often occur in head-on or side-impact crashes. These head injuries can have long-term effects on memory, cognition, and mobility. Soft tissue injuries, including sprains, strains, and contusions, are also common and can lead to ongoing discomfort or disability.
More severe accidents may result in internal injuries, such as organ damage or internal bleeding, which often require immediate surgery. Chest injuries, including broken ribs or a collapsed lung, can occur from seatbelt trauma or steering wheel impact.
Injuries to the knees, legs, and shoulders may limit mobility and require extensive rehabilitation. In addition to physical trauma, many accident victims experience psychological injuries, such as post-traumatic stress disorder (PTSD), anxiety, or depression, which may require long-term counseling or therapy.
How to Strengthen Your Chicago Car Accident Injury Claim
If you’ve been hurt in a car accident in Chicago, taking the proper steps immediately afterward can make a significant difference in the strength of your injury claim. First, call 911 and request medical attention, even if injuries seem minor. A police report creates a critical record of the crash. Under Chicago Municipal Code §9-56-010, any driver involved in an accident resulting in injury or death must report it to the police immediately.
Gather as much evidence at the scene as possible. Take photos of vehicle damage, injuries, skid marks, traffic signals, and road conditions. If there are witnesses, collect their names and contact information.
Seek prompt medical treatment and follow your doctor’s orders. Delayed care can be used against you. Keep copies of all medical records, bills, and proof of lost income.
Avoid discussing the accident with insurance adjusters until you’ve spoken with a Chicago car accident lawyer. Insurance companies may try to minimize your injuries or shift the blame. Legal guidance early on helps protect your rights and strengthens your claim.
What Damages Can Car Accident Victims Recover in Illinois?
In Illinois, car accident victims may be entitled to several types of damages, each serving a different purpose in helping victims recover financially and emotionally.
Economic Damages
Economic damages compensate for the financial losses resulting from a car accident. These include medical expenses such as emergency care, hospitalization, surgery, medication, physical therapy, and follow-up visits. Victims can also recover lost wages for missed work and loss of future earning capacity if their injuries reduce long-term employment opportunities. Property damage, such as vehicle repair or replacement, is also covered. Documentation—such as medical bills, repair estimates, and employment records—is essential to calculate these losses. A Chicago car accident lawyer can help gather this evidence and ensure the full financial impact of the crash is reflected in your claim.
Non-Economic Damages
Non-economic damages address the intangible effects of an auto accident, including pain and suffering, emotional distress, anxiety, loss of enjoyment of life, and disfigurement. These are especially important in cases involving permanent injury or psychological trauma. Since these losses are subjective, they require strong evidence, such as expert testimony, mental health records, and personal impact statements. An experienced car accident attorney can present these elements effectively, helping to secure fair compensation that reflects the emotional and physical toll the accident has had on your life.
Punitive Damages
Punitive damages are rarely awarded in Illinois car accident cases, but may apply when the at-fault party’s conduct was especially reckless or intentional, such as in cases involving drunk driving or road rage. These damages are meant to punish the wrongdoer and deter similar behavior in the future.
What Is the Average Car Accident Payout in Chicago?
According to Law.com‘s VerdictSearch, the average car accident payout in Chicago is $1,618,802, with a median of $46,799. This wide gap between average and median reflects how a few very high-value cases can significantly increase the average. Most payouts fall closer to the median.
The most common venue for these cases is Cook County, Illinois, which includes the City of Chicago. Outcomes vary by award type, with verdicts making up the largest share, followed by settlements, decisions, and arbitration. The majority of verdicts favor the plaintiff, meaning many injured parties do succeed in securing compensation when their case proceeds to trial.
What Impacts the Value of Chicago Car Accident Claims?
Several key factors influence the value of a Chicago car accident claim. While each case is unique, the following elements often have the greatest impact:
- Severity of Injuries — The more serious the injury, the higher the potential compensation. Claims involving spinal cord injuries or permanent disability usually result in larger settlements than soft tissue injuries or minor fractures.
- Medical Expenses — All past, current, and future medical costs related to the accident—such as hospital stays, surgery, rehabilitation, prescription medication, and assistive devices—are considered in determining the claim’s value.
- Lost Income and Reduced Earning Capacity — If the injury prevents the victim from working temporarily or permanently, lost wages and diminished earning potential play a significant role in calculating damages.
- Pain and Suffering — Non-economic damages for physical pain, emotional distress, and loss of enjoyment of life are subjective but often substantial, especially in cases involving long-term or permanent effects.
- Fault and Comparative Negligence — Under Illinois’s modified comparative negligence law (735 ILCS 5/2-1116), a victim can recover compensation only if they are less than 51% at fault. Any percentage of fault assigned to the injured person reduces their total recovery.
- Insurance Coverage Limits — The at-fault party’s auto insurance policy limits may cap the available compensation, unless additional coverage is available or third-party liability exists.
- Quality of Evidence — Strong supporting evidence—such as police reports, medical records, expert testimony, and accident reconstruction—can significantly strengthen a case and raise its settlement value.
- Venue and Jury Tendencies — Where the case is filed matters. Cook County juries are known to be more favorable to plaintiffs compared to more conservative venues in Illinois, which can influence settlement negotiations and trial outcomes.
- Legal Representation — Working with an experienced Chicago car accident lawyer ensures a more accurate calculation of damages and helps protect against lowball offers from insurance companies.
Each of these elements contributes to the overall value of a claim and should be thoroughly evaluated with a qualified attorney.
Example Car Accident Case Results in Chicago
$38.3M Verdict After I-90 Snowstorm Truck Pileup Kills Child, Injures Family
The Yoder family suffered devastating injuries in a multi-vehicle pileup on I-90 in Rockford Township during a snowstorm. Their SUV slid under a tractor-trailer extending into the roadway, killing 4-year-old Teagan and causing catastrophic injuries to the rest of the family. Lawsuits were filed against multiple truck drivers and a motorist involved in the earlier collisions. Jerelyn Yoder sustained severe facial trauma, Zachary suffered permanent brain damage, and Mr. Yoder’s injuries led to scarring and partial loss of arm function. The jury assigned fault among several defendants and awarded Jerelyn and her children $38.3 million. Mr. Yoder, who was found more than 50% at fault, received nothing.
$26.8M Net Award After Cook County Deputy Runs Red Light, Paralyzing Woman
Margaret Petraski, 56, was left with locked-in syndrome after being struck by a Cook County deputy who ran a red light without lights or sirens. The impact killed her passenger and caused brainstem damage, leaving her unable to speak or swallow. Evidence showed the deputy was responding to a non-emergency call and failed to follow state safety protocols for emergency vehicles. The jury found Cook County 75% at fault and awarded Petraski $35.8 million in total damages, including for disability, disfigurement, and future medical care. Accounting for comparative fault, her net award was approximately $26.8 million.
$35M+ Jury Award for Fatal Construction Zone Rear-End Crash on I-294
Aaron Swenson was killed, and Joseph LeSanche was seriously injured in a five-car pileup in a construction zone on I-294 caused by a Hussmann employee driving at 58 mph in a 45 mph zone. Swenson’s wife claimed emotional distress caused her miscarriage, but the jury found no liability for that loss. Swenson’s estate received $22.7 million, including for loss of society and grief. LeSanche, a college student left with chronic back pain and limited career prospects, received $12.3 million, including $100,000 in punitive damages. Evidence showed the driver had prescription drugs in his system and possibly lacked proper prescriptions.
$33.5M Award in Police Chase Crash That Killed One, Disabled Another
A high-speed chase by Dolton police ended with the fleeing vehicle crashing into a dumpster, killing 22-year-old John Kyles and severely injuring passenger Duane Dunlap. Dunlap sustained a traumatic brain injury and permanent arm paralysis. Plaintiffs argued the chase should’ve been terminated and that dashcam footage was lost, leading to a spoliation sanction. The defense claimed officers weren’t engaged in a pursuit, and the driver alone caused the crash. The jury found the Village of Dolton liable for spoliation but not for willful and wanton conduct. The total award was $33.5 million—$23.5 million to Dunlap and $10 million to Kyles’ estate.
$20.7M Settlement After Toddler Dies in Minivan Stall Linked to Defective Fuel Pump
A mother and her 2-year-old daughter were rear-ended on I-294 after their Chrysler minivan stalled. The child died instantly, and the mother suffered permanent injuries, including partial paralysis and vision loss. The family sued DaimlerChrysler, Walbro (the fuel pump manufacturer), and the father’s employer, Corner Heating, alleging that a defective fuel pump caused the stall. Plaintiffs’ experts argued the fuel pump failed prematurely due to flawed carbon brushes. The defense claimed a weak battery caused the stall. The case settled for $20.7 million, with Chrysler and Walbro contributing $20 million, and Corner Heating paying $700,000.
$20.2M Settlement After Drunk Off-Duty Officer Kills Two in Fiery I-90 Crash
Off-duty Chicago police officer Joseph Frugoli, driving drunk with a 0.26 BAC, rear-ended a parked sedan on I-90, killing Aaron Cazares and Fausto Manzera, who burned to death in the car. Frugoli fled the scene and was later convicted. The victims’ families sued the City of Chicago, citing the department’s failure to discipline Frugoli despite a long record of misconduct. They also sued a bar for overserving him. The city denied liability, arguing Frugoli was off-duty. During the trial, the city paid $15 million, and its excess insurer added $5 million. Frugoli’s insurer paid $200,000. The $20.2 million settlement was split between both estates.
$18.6M Settlement After Child Suffers Brain Injury in Curb Crash at Unsafe Work Zone
Seven-year-old Filiberto Perez Jr. suffered permanent cognitive impairment when a car jumped a curb and struck him due to obstructed sightlines from a poorly placed construction barricade in Blue Island. His two sisters also sustained injuries. The family sued the driver, contractors, and subcontractors, alleging improper barricade placement and failure to inspect the site per IDOT guidelines. Evidence showed forged inspection records and barricades positioned dangerously close to the road. Perez Jr. was left with a mental capacity equivalent to that of an 8 to 10-year-old and required lifelong care. The case settled for $18.59 million, with most paid by general contractor John Burns Construction Co.
$15.6M Settlement After Unsecured Cherry Picker Kills Child, Severs Father’s Leg
Six-year-old Allen M. Pierce was killed, and his father’s leg was severed when a cherry picker fell off a tractor-trailer and struck their car on I-65 in Indiana. The father had pulled over to fix a flat tire when the cargo, loaded by System Transport Inc., dislodged. The family sued the trucking company, the lift manufacturer (Genie Industries), and the logistics broker (Market Transport), alleging improper loading and failure to provide safe transport instructions. Defendants blamed each other for negligence. The parties reached a $15.6 million global settlement: $7.6 million from System Transport, $4 million each from Genie and Market.
Why You Need an Experienced Car Accident Attorney
Filing a car accident claim in Chicago can quickly become complicated without the guidance of an experienced car accident attorney. Insurance companies often dispute fault, minimize injuries, or delay processing claims, especially in crashes involving serious injuries or unclear liability. Even when liability is accepted, calculating damages can be challenging. Accident victims must account for not only current medical bills and lost wages, but also future care costs, rehabilitation, diminished earning capacity, and non-economic damages like pain and suffering. Without legal support, these losses are often undervalued or denied.
Local court procedures—such as those in the Circuit Court of Cook County—require precise documentation, filings, and an understanding of case timelines. Mistakes in presenting evidence or missing deadlines can jeopardize your case. A seasoned Chicago car accident lawyer can level the playing field against powerful insurance companies, work with expert witnesses, and pursue full compensation through settlement negotiations or litigation when necessary.
How Common Are Motor Vehicle Accidents in Chicago?
In 2023, the Illinois Department of Transportation (IDOT) recorded 299,133 motor vehicle crashes. About one in five of these collisions—20.6%—resulted in injuries, totaling over 61,500 injury-related incidents. Fatal crashes were less frequent, making up less than 1% of the total, with 1,142 deadly collisions reported statewide.
Of the injury crashes, approximately 11.6% involved “A-level” injuries—those classified as the most severe, often requiring immediate medical attention.
Pedestrian-related collisions made up 1.5% of all crashes, but these incidents were involved in 17.3% of fatalities and 6.8% of all injury cases. Bicycle crashes were less common, accounting for under 1% of all incidents, but they contributed to 3.6% of traffic deaths and 4.2% of non-fatal injuries.
Speeding was a factor in nearly one-third of all crashes (31.1%) and played a role in almost 45% of fatal collisions. Motorcycle crashes comprised 1.1% of all crashes but were present in 14.1% of deadly incidents and 3.6% of injury crashes.
Collisions involving large trucks (tractor-trailers) represented 3.7% of all crashes. These accounted for 9% of fatal accidents and 3% of those with injuries.
Work zone crashes made up 2.1% of the total, including 2% of fatal crashes and 1.8% of those with injuries. Animal-related collisions, particularly with deer, accounted for roughly 5% of all reported crashes.
Among fatal crashes, 84.9% occurred on dry pavement, and 44.7% happened during daylight hours. On average, each fatal crash resulted in approximately 1.1 lives lost.
Where Do Car Accident Incidents Occur Most Often in Chicago?
Car accidents in Chicago tend to cluster in high-traffic areas, especially near major intersections and expressways. Crash data consistently shows elevated accident rates on I-90/94 (the Kennedy Expressway), I-290 (Eisenhower Expressway), and Lake Shore Drive—especially during rush hours. Intersections such as Cicero Avenue and Roosevelt Road, Western Avenue and 79th Street, and Ashland Avenue and 63rd Street are among the most dangerous in the city due to congestion and poor traffic control compliance.
Downtown areas like the Loop also see a high volume of pedestrian-related crashes, while neighborhoods like Austin, Englewood, and Humboldt Park report higher rates of serious injury collisions. Distracted driving, speeding, and aggressive maneuvers are frequent contributors. Whether your crash happened near Midway Airport, on the Dan Ryan, or outside a neighborhood grocery store, a Chicago car accident lawyer can investigate the scene, gather traffic camera footage or witness accounts, and pursue compensation for your injuries and losses.
What Illinois Laws Govern Your Car Accident Lawsuit?
Several Illinois laws shape how car accident lawsuits are filed and resolved. The Illinois Vehicle Code (625 ILCS 5/) governs traffic rules and violations that often form the basis of negligence in a crash. For injury claims, the Illinois Code of Civil Procedure (735 ILCS 5/) sets out the legal process for personal injury lawsuits, including time limits and damage rules.
Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. This means you can recover damages only if you’re found less than 51% at fault. Your compensation will be reduced by your percentage of fault.
In Gajda v. Steel Solutions Firm, Inc., 2015 IL App (1st) 142219, the Illinois Appellate Court reaffirmed that defendants in a car crash case can be held liable for failing to follow traffic laws, even if the plaintiff was also partially at fault—clarifying how shared responsibility is applied in personal injury claims.
How Long Do I Have to File a Car Accident Lawsuit in Illinois?
In Illinois, you generally have two years from the date of the car accident to file a personal injury lawsuit under the Illinois Statute of Limitations for Personal Injury, found at 735 ILCS 5/13-202. This deadline applies to cases involving injuries such as broken bones or spinal damage. If the crash caused someone’s death, the estate typically has two years from the date of death to file a wrongful death claim. Failing to file within the allowed time can result in the court dismissing your case, regardless of its merit.
Who Is Legally Liable for Car Accident Injuries?
Legal liability for car accident injuries in Chicago can involve multiple parties, depending on the circumstances of the crash. The most common defendant is the negligent driver whose actions—such as speeding, distracted driving, or ignoring traffic signals—directly caused the collision.
In some cases, the vehicle’s owner may also be held responsible, especially if they knowingly allowed someone unfit to drive their car, a concept known as negligent entrustment under Illinois law. If the negligent driver was operating a vehicle as part of their job duties, their employer could be liable under the doctrine of respondeat superior.
Liability may also extend to auto manufacturers if a design flaw or mechanical failure played a role in the accident or made injuries worse. Additionally, government entities could be held accountable when poor road maintenance, missing signage, or defective traffic signals contribute to a crash. Determining who is legally responsible often requires a thorough investigation by an experienced auto accident lawyer.
Common Defenses Used in a Chicago Car Accident Case
In Chicago car accident cases, defendants and insurance companies often rely on several common defenses to reduce or avoid paying compensation.
One frequent tactic is claiming comparative negligence—arguing that the victim was partly or mostly at fault for the crash. Under Illinois law (735 ILCS 5/2-1116), damages can be reduced if you’re found partially at fault, and barred altogether if you’re more than 50% responsible. We counter this by gathering clear evidence—such as surveillance footage, black box data, or witness statements—to show the actual cause of the crash.
Another defense is disputing the extent of injuries, often suggesting they were preexisting or exaggerated. We use medical records, expert testimony, and a detailed timeline to connect your injuries directly to the accident. Defendants may also argue a lack of causation or that their actions didn’t directly cause your harm. We challenge these assertions with strong forensic analysis and expert accident reconstruction.
How Our Chicago Car Accident Attorneys Can Help Your Case
Our Chicago car accident attorneys handle every stage of your case with skill and care, allowing you to focus on recovery. From the moment we take your case, we begin gathering evidence—such as crash reports, witness statements, medical records, and surveillance footage—to build a strong claim. We handle all communications with the insurance companies to prevent you from being pressured into a lowball offer. Our team works closely with medical experts and financial professionals to calculate the full extent of your damages, including future treatment needs and lost earning potential.
If a fair settlement isn’t offered, we are fully prepared to file a lawsuit and represent you in court. We manage the entire legal process, from discovery and depositions to trial, if needed. Throughout, we keep you informed and advocate aggressively for your rights. With no upfront fees, you only pay if we win your case. Let us fight for the compensation you deserve.
Chicago Car Accident FAQs
Do I have to report an auto accident in Chicago?
Yes. Under Chicago Municipal Code §9-56-010, you must report any accident that results in injury, death, or property damage exceeding $1,500. It’s best to call 911 so police can respond and file an official report. Even for minor crashes, reporting the incident protects your legal rights. Insurance companies often require a police report before processing claims. Failing to report may impact your ability to recover compensation, especially if the other driver disputes the facts. Always get a copy of the crash report from the Chicago Police Department.
When should I hire a car accident lawyer?
You should contact a car accident lawyer as soon as possible if you’ve suffered injuries, missed work, or face ongoing medical treatment. Unlike simple fender benders involving only property damage, cases with bodily harm, disputed liability, or insurance claim delays require legal representation. The sooner a lawyer is involved, the more effectively they can preserve evidence, handle communications with the insurance company, and advise you on the next steps. Delaying could allow insurers to downplay your injuries or push you into a low settlement offer before you fully understand the extent of your losses.
What does the Chicago car accident claim process involve?
The process starts with gathering evidence—photos, police reports, medical records, and witness statements. Next, your attorney notifies the at-fault party’s insurance company and files a claim detailing your damages. Negotiations follow, often involving multiple rounds before reaching a settlement. If an agreement can’t be reached, your attorney may file a lawsuit in Cook County Circuit Court. From there, the case proceeds through discovery, pre-trial motions, and potentially a trial. Throughout, your lawyer works to maximize compensation for your medical bills, lost wages, pain and suffering, and other damages.
How do I know if I have a viable case?
To have a viable car accident case in Chicago, four elements must be present: duty, breach, causation, and damages. This means the other driver owed you a duty of care (like obeying traffic laws), breached that duty (such as by running a red light), caused the crash, and you suffered actual harm (injuries, lost income, etc.). If any of these elements is missing, a personal injury claim may not succeed. A car accident lawyer can evaluate your case based on available evidence, including police reports, medical records, and witness statements.
What is negligence in car accident cases?
Negligence refers to a driver’s failure to act with reasonable care under the circumstances, resulting in harm to another. In a car accident context, this might involve texting while driving, speeding, running a red light, or failing to yield. Proving negligence requires showing that the driver breached a duty of care and that the breach directly caused your injuries. Illinois follows a modified comparative fault rule, meaning you can recover damages if you’re less than 51% at fault, though your recovery will be reduced by your percentage of fault.
How do I prove I was not at fault for the car crash?
Proving you weren’t at fault involves gathering clear evidence. This can include dashcam footage, eyewitness statements, police reports, traffic citations issued to the other driver, and expert accident reconstruction. Photos of the scene, vehicle damage, and road conditions are also helpful. An experienced auto accident lawyer can obtain surveillance footage, subpoena records, and consult experts if liability is disputed. It’s essential not to admit fault at the scene or to the insurance adjuster. Let the evidence speak for itself and have your attorney present your case.
How much does an experienced car accident lawyer cost in Chicago?
Most car accident attorneys in Chicago work on a contingency fee basis. This means you don’t pay any upfront costs, and the lawyer only gets paid if they recover compensation for you. Typically, the fee is a percentage—often 33%—of the settlement or court award. If the case doesn’t result in compensation, you owe nothing. During your free consultation, the attorney will explain the fee arrangement and any costs (like filing fees or expert witnesses) that may be deducted from your final recovery.
What if I was partially at fault for the accident?
Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116, meaning you can still recover compensation if you were less than 51% at fault. However, your settlement or verdict will be reduced by your percentage of fault. For example, if you’re found 30% responsible and are awarded $100,000, you would receive $70,000. Insurance companies often try to shift blame to reduce payouts, so having an experienced auto accident lawyer is key to limiting your assigned fault and protecting your right to fair compensation.
Does it matter if the other driver had a commercial license?
Yes. If the other driver held a commercial driver’s license (CDL), they’re held to a higher standard of care under federal and Illinois transportation laws. Truck drivers, delivery drivers, and others operating large commercial vehicles must follow strict safety and training regulations. A violation of those rules—like driving while fatigued or overloaded—can strengthen your claim. Additionally, their employer may share liability under a theory of negligent hiring, training, or supervision. Your lawyer can investigate the driver’s driving history, the company’s records, and applicable commercial vehicle regulations.
How do I deal with the insurance company after the car crash?
After an accident, the other driver’s insurance adjuster may contact you quickly. You are not required to give a recorded statement or accept a settlement offer without legal advice. Insurance companies are trained to minimize payouts, and they often ask leading questions to get you to admit partial fault or downplay your injuries. An experienced car accident lawyer will handle all communication on your behalf, ensuring your claim is valued reasonably and protecting you from tactics that may undermine your case.
Can the auto insurance company deny my claim?
Yes, insurers often deny claims, especially if they dispute fault, question the severity of your injuries, or claim your damages are pre-existing. Other common reasons include missed deadlines, lack of documentation, or policy exclusions. Denials are not always final—your lawyer can challenge them by presenting additional medical records, crash evidence, or expert opinions. Don’t give up if your claim is denied. Insurance companies count on people accepting less than they deserve or walking away. An attorney can push back and escalate your case if needed.
What if the insurance company denies my car accident claim?
If your claim is denied, your lawyer can request a formal explanation and begin the appeals process. This might include submitting additional documentation, negotiating with the adjuster, or filing a personal injury lawsuit. A denial isn’t the end of the road—it often signals that the insurer is protecting its bottom line. Your attorney will investigate whether the denial was made in bad faith and pursue full compensation, either through aggressive negotiation or litigation in Cook County Circuit Court.
What evidence do I need to support my legal claim?
Strong evidence includes the police report, photos of vehicle damage and the accident scene, medical records, witness statements, and proof of lost income. Video footage from nearby businesses or dashcams can be critical in proving liability. Also necessary are documentation of your injuries, such as physical therapy notes, prescriptions, and specialist evaluations. An experienced attorney may bring in accident reconstructionists or medical experts if your case requires further support. The more organized and detailed your evidence, the stronger your legal claim.
What is considered a total loss?
A vehicle is considered a total loss when the cost of repairs exceeds its market value. In Illinois, insurers typically declare a car totaled if the repair estimate is around 70–75% or more of its actual cash value. If your vehicle is declared a total loss, the insurance company will offer you a payout based on its pre-crash value. You have the right to challenge that offer if it doesn’t reflect comparable vehicles in your area. An attorney can help if the insurer undervalues your vehicle.
Can I recover compensation for emotional distress?
Yes. Emotional distress is a type of non-economic damage, and it can be included in your injury claim if your mental health has been affected by the accident. This includes anxiety, depression, PTSD, sleep issues, or fear of driving. Documenting these symptoms with a licensed mental health provider is critical to strengthening your claim. Illinois law allows car accident victims to seek compensation for both the physical and emotional toll of serious injuries, particularly when the trauma has long-term effects on daily life.
Can I be compensated for damages to personal property?
Yes. In addition to bodily injury claims, you can recover the cost to repair or replace damaged personal property, such as your vehicle, cell phone, laptop, glasses, or child car seat. Keep receipts, photos, and estimates from repair shops or replacement vendors. Illinois law allows recovery of both economic and non-economic losses tied to a car accident. If the at-fault driver’s insurance company disputes the value or denies the claim, your car accident attorney can negotiate or pursue additional legal action to ensure you’re fairly compensated for your property damage.
Will a DUI charge influence the outcome of my car accident case?
Absolutely. If the driver was arrested or convicted for driving under the influence (DUI), that significantly strengthens your case. It serves as clear evidence of negligence and may open the door to punitive damages. DUI-related accidents are taken seriously by Illinois courts, and juries may award higher compensation due to the reckless nature of impaired driving. Your attorney can use police reports, toxicology results, and the DUI conviction to help maximize your settlement or verdict in both injury and fatal car accident claims.
What happens if I agree to a settlement?
Once you accept a settlement and sign a release, you typically give up the right to pursue further compensation related to the accident, even if new injuries or expenses arise later. That’s why it’s critical to have an experienced car accident lawyer review any offer. Your lawyer will ensure that the settlement covers all current and future damages, including medical costs, lost income, and non-economic losses. If the offer is too low, your lawyer will negotiate or prepare your case for trial in Cook County.
What if the at-fault driver was uninsured?
If the at-fault driver lacks insurance, you may still recover compensation through your own uninsured motorist (UM) coverage. Illinois law requires UM coverage as part of standard auto policies. A UM claim works like a third-party claim but is handled by your insurer. If you’re having trouble collecting or the insurer undervalues your case, a lawyer can step in and advocate on your behalf. You may also be able to pursue the negligent driver personally, though collecting may be difficult if they lack assets.
Why is seeing a doctor after a car crash so important?
Prompt medical attention protects your health and creates a clear link between the accident and your injuries—something insurance companies look for when evaluating claims. Some serious conditions, like concussions or internal bleeding, may not show symptoms right away. Delaying treatment gives insurers room to argue your injuries were unrelated or exaggerated. Seeing a doctor, following their treatment plan, and documenting every appointment strengthens your case and helps ensure full compensation. Even if you feel fine, it’s wise to get checked out as soon as possible.
Is the rear driver always responsible in a motor vehicle accident case?
While rear drivers are often presumed at fault in rear-end collisions, that isn’t always the case. Liability depends on the circumstances. If the lead driver slammed on their brakes suddenly, reversed unexpectedly, or had malfunctioning brake lights, they may share responsibility. Illinois follows modified comparative negligence, meaning fault can be divided. Police reports, dashcam footage, and witness testimony all play a role in determining liability. Your attorney can investigate the crash thoroughly to protect your claim and push back against unfair assumptions of fault.
Can a company be held accountable for a car crash?
Yes. If the driver was working at the time of the accident, their employer may be held liable under a legal theory called “respondeat superior.” This applies to commercial drivers, delivery services, rideshare operators, and other work-related driving. If the company failed to train or supervise the driver properly or ignored vehicle maintenance issues, it could also face direct liability. Your lawyer will review employment records, accident logs, and company policies to identify whether a business can be included in your claim or lawsuit.
Can I manage my car accident claim without hiring a lawyer?
In minor accidents with no injuries and clear liability, you might resolve your claim without legal help. But if you suffered injuries, lost income, or faced medical bills, hiring a car accident lawyer is a smart move. Insurance companies often minimize payouts or deny valid claims, especially for unrepresented victims. A lawyer protects your rights, calculates your full damages (including future losses), and negotiates with insurers who are trained to protect their bottom line. Without legal guidance, you risk settling for far less than you deserve.
What does the initial consultation with a car accident lawyer involve?
Your first consultation is usually free and confidential. During this meeting, your lawyer will review the basic facts of your accident, evaluate potential liability, and explain your legal options. You’ll be asked about the accident scene, your injuries, medical treatment, and communication with the insurance company. Bring any police reports, photos, medical records, or correspondence you’ve received. The goal is to determine whether you have a strong case and how the law firm can help. There’s no obligation, and you won’t owe any legal fees unless they win compensation for you.
Will my car accident case go to trial?
Most car accident cases in Chicago settle out of court through negotiations with the insurance company. However, if the insurer refuses to offer a fair settlement or disputes liability, your case may proceed to trial in Cook County Circuit Court. A trial may also be necessary if damages are significant or there are multiple at-fault parties. Your car accident lawyer will guide you through pre-trial discovery, depositions, and court proceedings. They’ll also work to resolve the case before trial when possible, but will be prepared to litigate aggressively if needed.
How long does an auto accident lawsuit take in Chicago?
It depends. Some cases settle in a few months, while others take a year or more, especially if they go to trial. Factors that affect the timeline include the complexity of the case, the severity of injuries, whether liability is disputed, and the court’s schedule. If you’re still undergoing medical treatment, it may be wise to wait until you’ve reached maximum medical improvement (MMI) before finalizing a settlement. Your attorney will handle all deadlines, filings, and court appearances while keeping you informed at every step of the legal process.
Who can file a wrongful death claim following a car accident in Chicago?
In Illinois, under 740 ILCS 180/, a wrongful death car accident lawsuit must be filed by the personal representative (executor) of the deceased’s estate, usually a close family member. The claim can seek compensation on behalf of surviving relatives, such as a spouse, children, or parents. Damages may include funeral and burial expenses, loss of companionship, emotional suffering, and lost income or benefits. If you lost a loved one in a car crash caused by someone else’s negligence, an experienced lawyer can help you pursue accountability.
Consult a Top-Rated Chicago Accident Lawyer Near You!
Injured in a crash and unsure where to turn? At Chicago Injury Center, our top-rated Chicago accident lawyers are here to help you make sense of your legal options and fight for the compensation you deserve. We’ve recovered millions for car accident victims across Cook County and know how to hold negligent drivers and insurance companies accountable. Your initial case review is free, and you pay nothing unless we win your case. Contact us to schedule your free consultation with an experienced car accident lawyer near you.