Experienced Chicago Car Accident Lawyers Advocating for Your Rights
Client-centered representation for car crash victims in the greater Chicagoland area and across Illinois
No one drives with the expectation of being involved in a car accident. Yet thousands of people are injured each year on the roadways of Illinois. When a car accident leaves you or a family member with injuries, Gainsberg Law is here to assist with securing the compensation you deserve. We provide responsive representation for injury victims throughout Illinois, including Cook, Lake, DuPage, Kane, and Will Counties. When an accident threatens your health, your finances, and your ability to work, trust your case to a Chicago car accident lawyer.
Handling a variety of car accident cases
There are many different types of vehicles, accidents, and reasons for accidents. No matter the specifics, our attorneys are prepared to help you. We handle cases involving:
- Bicycle and pedestrian accidents
- Hit and run injuries
- Car incursions
- Multi-car pileups
- Defective auto part accidents
- Distracted driving
- Drunk driving incidents
- Fatal accidents
After an accident, you will be feeling overwhelmed about what to do next. It is important to obtain representation from a lawyer with the skills and dedication to fight for you, no matter what type of collision or accident you may have had.
Proving negligence in your car accident case
To successfully pursue compensation for an car accident injury, it is necessary to prove that the other driver acted in a negligent manner. This requires a showing that the vehicle operator failed to perform with a reasonable standard of care. Some examples of negligent driving behaviors include:
- Speeding or reckless driving. Drivers have a duty to follow posted speed limit laws and drive at speeds that are reasonable for the road conditions.
- Failing to comply with traffic signals. Traffic lights and signals are posted to control the flow of traffic and promote safety on the roadway. When drivers fail to abide by these signals, serious accidents can result.
- Driving under the influence. When drivers operate their vehicles under the influence of alcohol or drugs, they place themselves and everyone around them in danger.
An efficient Chicago car accident attorney can help you establish an argument for negligence and, if necessary, present a case for compensation within the Illinois courts.
Accidents involving Uber or Lyft drivers
If you were a passenger in a Lyft or Uber vehicle that was involved in a crash, you can make a claim for damages. Both Uber and Lyft carry policies worth up to a million dollars, though how much you are entitled to recover will be determined by your specific case. If you were driving another vehicle and were hit by an Uber or Lyft driver, we can help you make a claim for compensation, too.
Questions about Chicago traffic accident reports
How long do you have to report car accident?
If you were involved in a car accident, you must report the accident to the Chicago police department if it resulted in death, an injury or more than $1,500 in property damage. You have ten days to report the traffic crash to the Illinois Department of Transportation. The failure to report a reportable traffic crash in Illinois can be punishable by the suspension of your driver’s license. Putting false information on a traffic crash report is a Class C misdemeanor and punishable by a $500 fine and up to 30 days in jail.
How can you get an accident report online?
Traffic crash reports are available on the Chicago police department website. The Chicago police website has a Driver Information Exchange application where you can look up information about a crash that you were involved in for the purposes of reporting to your insurance company.
How long does it take to generate to police vehicle accident report in Chicago?
For a property damage only accident, the report might take seven to ten days. If there is a serious injury or fatality it may take weeks or longer.
Related Article: How to File a Police Report After a Chicago Car Crash
Accidents involving uninsured or underinsured drivers
Illinois laws require drivers to maintain an adequate amount of auto insurance for their own protection, as well as the protection of others on the roadway. However, many drivers fail to comply with this law or carry an inadequate amount of coverage.
What to do when hit by uninsured motorist?
Here are three practical things you can do if you were hit by a motorist who is uninsured and who caused the crash:
- You may have to pay the deductible on your Uninsured Motorist Property Damage coverage (if you have this optional coverage in your policy). Your insurance company will pursue the uninsured motorist to recover the damages from the crash and reimburse you for your deductible.
- Submit an accident report to the Illinois Department of Transportation accident report office: 3215 Executive Park Drive, Springfield, Illinois 62766; Phone 217-782-4516. Inform the IDOT that the at-fault driver was uninsured and ask that the case be forwarded to the Secretary of State for suspension under the Safety and Financial Responsibility Law, which requires drivers in Illinois to have insurance coverage. The state can suspend that driver’s license until you come to an agreement with the driver about paying for your property damage and injuries from the crash and until they can show that they have met the applicable state requirements.
- You can hire a Chicago car accident attorney and file a judgement against the uninsured motorist in court. If, after 30 days, they have not paid the judgement, you can submit a report to the state for suspension of their license.
What to do if you cause a car accident but you had no insurance?
The failure to carry car insurance in Illinois carries up to a $1,000 fine. Your license can be suspended for up to three months and you must pay a $100 fine and provide proof of insurance in order to get your license reinstated. If you cause a crash and do not have car insurance, you can expect that the insurance company for the injured driver will sue you to recover the costs of damages for injuries and property damage.
These cases can be particularly complex and require the assistance of a knowledgeable Chicago car accident lawyer. We are equipped and ready to handle even the most challenging types of auto accidents, including those involving at-fault drivers who lack adequate insurance coverage.
$250,000.00 Settlement in Car Crash Case
A man was struck by a teenage driver while crossing a street in Chicago. He sustained a comminuted and depressed lateral tibial plateau fracture with associated hem arthrosis. He underwent open reduction and internal fixation with an anterior compartment fasciotomy. Case settled for $250,000.00.
Common Injuries Caused by Auto Accidents
Cars, trucks, motorcycle, trains, buses, and boats: they all have one thing in common. When an accident happens, the people injured by these vehicles will have their lives changed, sometimes forever. Every injury brings with it daily physical pain, the need for medical attention, and anxiety over whether the injuries will ever heal or get better. People who survive the injuries usually lose some of the enjoyments of life while they are healing. Many injured victims cannot return to work for significant amounts of time, and some never return.
At Gainsberg Law, our Chicago auto accident lawyers fight to get injured victims and the families of deceased victims all the compensation they deserve. We demand payment for all of the hospital stays, the doctor visits, the medications, and any medical equipment that is needed. Workers who lose wages or income because of their injuries deserve compensation for their loss. Our lawyers have a trusted reputation for obtaining these economic losses and payment for physical pain and emotional suffering when negligence or liability can be proved. When the wrong is egregious, we ask for punitive damages so the reckless conduct doesn’t continue.
Some of the many types of vehicle injuries drivers, passengers, and bystanders suffer
Injuries from a vehicle accident can range from cuts and injuries that heal to permanent injuries, catastrophic injuries, and death. Our Chicago auto accident attorneys represent clients who have been hurt no matter how small or how devastating the injuries are. Common vehicle injuries include:
- Catastrophic injuries. Some accidents can require that the victim gets around-the-clock medical attention for life. Catastrophic injuries include traumatic brain injuries that affect cognitive and emotional function, heart attacks, or comas. Many vehicle accident victims suffer severe spinal cord injuries, which can cause partial or full paralysis — leaving the victim a paraplegic or a quadriplegic.
- Back injuries. Many accidents cause the body to twist and turn, which wrenches the back. Back injuries often cause constant pain and never seem to properly heal. For most back-injury victims, pain management will be needed for a long or permanent amount of time.
- Broken bones and fractures. Arms, ribs, legs, wrists, and almost any bone in the anatomy can break due to a vehicle crash, especially when the occupant collides with the dashboard, steering column, or another person. Many patients require surgery to repair the break. Others require the use of a cast.
- Internal injuries. The force of the collision often causes internal bleeding and harm to internal organs, which can be life-threatening if not treated in a timely manner.
- Burns. Vehicles that catch fire can cause first-, second-, and third-degree burns, which can require skin grafts and often leave disfiguring scars.
- Loss of limbs. In serious cases, the driver, passenger, or bystander may lose an arm, leg¸ finger, or toe — or the body part may require amputation. Loss of a limb means intense physical pain and a lifetime of emotional pain.
- Scarring and disfigurement. Cut glass, burns, or impact with any hard object in the car can cause scarring or disfigurement. Both scarring and disfigurement are compensable, especially if the face is affected.
- Soft tissue injuries. Vehicle crashes are known to cause muscle and ligament damage to the neck and throughout the body. Soft tissue injuries are often delayed, which means a victim may not realize they are injured immediately following the crash.
- Wrongful death. The death of a loved one is the most tragic outcome of any accident. Unfortunately, the speed, weight, and size of many vehicle collisions make fatalities all too common, even with seatbelts, airbags, and other protections. The families of deceased members are entitled to compensation for the loss of the financial and emotional support the deceased would have provided the family members, plus payment for funeral bills and any medical expenses.
Other common vehicle injuries include damage to the knees, feet, shoulder, wrist, and hand. Victims also usually suffer cuts and bruises. Crushing injuries are also common.
Complex Collision Claims – Explaining the different ways that accidents can happen in Illinois
The way that an auto accident happens is important for a variety of reasons. Whether an accident was a head-on collision, a sideswipe, or occurred in some other way helps to determine fault. Rear-end collisions, for example, are almost always the fault of the rear car, or the one that strikes a car in front of it. Insurance companies, arbitrators, judges, and juries also often use the manner of the accident to help determine the severity of the physical harm. It’s much more understandable that a Chicago accident victim would suffer catastrophic injuries when a vehicle rolls over at high speed than collides in a 5-mph sideswipe.
At Gainsberg Law, our Chicago auto accident attorneys understand how to investigate and to prove the manner of the vehicle crash. We speak to our client, to witnesses, to the police called to the accident scene, and to any witnesses. Our legal team takes photographs of the scene, and reviews police reports, the vehicles involved in the crash, and all the relevant physical evidence. When necessary, we work with engineering and other experts who can help reconstruct the accident.
What is the most common cause of motor vehicle collisions?
The NHTSA has reported that driver error is responsible for about 94% of traffic crashes. The types of human error varied widely from distracted driving, which now contributes to about 16% of all fatal crashes per the AAA Foundation for Traffic Safety, drunk driving, which the CDC reports accounts for more than 30% of all traffic-related deaths in the U.S. driver fatigue, aggressive driving and speeding, which not only increases the risk of causing a crash, but also greatly increases the severity of the injuries and property damage in a crash.
Other factors that contribute to car accidents is poor weather conditions and mechanical malfunctions such as a tire blowout or faulty brakes.
Common types of vehicle accidents
Cars, trucks, motorcycles, buses, and bicycles all crash in many of the same ways. The most common types of vehicle crashes are:
- Rear-end collisions. Most times, a rear-end collision is caused because the rear driver failed to hit the brakes in time. The failure is often due to speeding or driver distraction. It can also be due to defective brakes. On very rare occasions, the front car backs into the rear one. Often the driver and passengers in the front car suffer soft tissue injuries, including whiplash.
- Side-impact collisions. In this type of crash, also called a T-bone collision or a broadside accident, the front (or rear) of one vehicle directly hits the side of the second vehicle. Because the side of a vehicle offers much less protection than the front or the rear, the drivers and passenger in the car that was hit in the side are much more likely to suffer serious injuries or fatalities.
- Head-on collisions. This accident type occurs when the fronts of two different vehicles collide. They often occur at intersections or when one car is in the wrong lane of traffic because the driver is drunk or reckless. Front-end collisions are rare but often deadly.
- Sideswipe accident. Here, the sides of two vehicles collide with each other. These accidents often happen when two cars traveling in the same direction get too close to each other because of inattention, improper passing technique, or for other reasons.
- Vehicle rollover. This accident type is often deadly because the flipping over of the vehicle impacts the occupants and then by the forces created when the roof crushes into the ground. Vehicles with a high center of gravity, such as SUVs and jeeps, have a higher tendency to flip than other vehicles. Vehicles flip for many reasons, including because the driver is going too fast especially through a turn, the vehicles hits some obstruction, cargo falls, or a T-bone crash occurs at high speeds.
- Single-car crashes. Many drivers lose control of their car because they are texting while driving or going too fast. The passengers and bystanders who are injured due to driver negligence have a right to sue the irresponsible driver. If the accident was caused by poor road design or a defective car part, the driver and passengers may be able to sue the government or the company that made or sold the defective part.
- Multivehicle accidents. These accidents are often the deadliest because impacts can come from many different directions. They are the hardest to determine exactly what happened and who is liable. Our Chicago car accident lawyers have the experience victims need to get answers to these tough questions.
Drivers who violate traffic laws cause many accidents. Examples of traffic law violations that can lead to car accidents include failing to yield, passing improperly, speeding, and reckless driving. Some accidents are due to hit-and-run drivers who leave little trace of who they are.
How many people die in car crashes from not wearing a seat belt?
Safety belts can be the thing that stands between a person surviving a car accident and becoming a fatality statistic. Car accidents are the leading cause of death for Americans between the ages of 1-54, says the CDC. More than half of the people who died in traffic crashes in 2014 were unrestrained (not wearing a seat belt) at the time of the crash.
If you or a loved one has suffered a serious injury in a traffic crash, the car accident attorneys at Gainsberg Law can represent your interests and fight for the compensation you deserve for your injuries and property damage.
Affordable representation from a Chicago-area car accident law firm
Trust the efficient and reliable law practice of Gainsberg Law to provide you with experienced representation in a variety of car accident cases. Whether you or a family member has been injured by the negligent actions of a driver, trust our office to aggressively advocate for the compensation you deserve. Call us today at 312-313-1621 or fill out our contact form to secure our client-centered services. We believe in putting the needs of our clients first and offering high-quality personal injury representation.
In The News
Non-standard auto insurance can lead to stalled claims for crash victims
- Chicago Winters Mean an Increase Chance of Car Accidents
- Why Right of Way Mistakes Cause Car Accidents in Chicago
- Car Accidents, Uninsured Drivers, and Underinsured Drivers
- Cars Crash into Buildings More Often Than You Might Think
- Pedestrian Accidents Spike Around the Holidays
- How to File a Police Report After a Chicago Car Crash
- Rear-End Car Wrecks and Sacroiliac Joint Injuries