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Car Accidents

Orland Park Car Accident Lawyers

One moment, you are driving to work, running errands, or heading home to your family. Next, the sound of screeching tires and shattering glass changes everything. A car accident happens in an instant, but the consequences can last a lifetime. While collisions are a distressingly common reality on our roads, when one happens to you, your situation is anything but ordinary.

Suddenly, you are facing a whirlwind of police reports, insurance adjusters, medical appointments, and vehicle repairs, all while trying to recover from your injuries. The physical pain is often compounded by financial anxiety and emotional stress, leaving you and your family feeling overwhelmed and uncertain about the future.

At SFG Law Firm, we understand that a car accident is more than just an inconvenience; it is a life-altering event. Our attorneys have extensive experience representing victims in Orland Park, Chicago, Joliet, and throughout the surrounding counties. We know what it takes to hold negligent drivers and their insurance companies accountable. Our team is committed to providing the skilled guidance and determined representation you need to navigate this difficult time and pursue the compensation necessary to put your life back together.

What Are the Most Common Causes of Car Accidents in the Chicago Area?

A devastating crash can happen in a matter of moments, especially when a driver acts negligently. While every accident has a unique set of circumstances, most collisions in the Chicago metro area stem from a handful of dangerous behaviors.

  • Speeding and Aggressive Driving: On busy thoroughfares from the Dan Ryan Expressway to local roads in Elmhurst, speeding and aggressive driving are major contributors to serious accidents. When drivers exceed posted speed limits or engage in reckless maneuvers like tailgating and unsafe lane changes, they dramatically reduce their reaction time and increase the severity of a potential impact. This behavior turns a standard commute into a high-risk situation for everyone on the road.
  • Distracted Driving: Using a cell phone, adjusting the GPS, eating, or interacting with passengers can divert a driver’s attention from the road. Even a few seconds of inattention is enough to travel the length of a football field at highway speeds, often with catastrophic results. This category of negligence has become one of the leading causes of preventable crashes in recent years.
  • Driving Under the Influence: Despite widespread public awareness, drunk and drugged driving remains a persistent threat. Alcohol and drugs severely impair a driver’s coordination, judgment, and reaction time, fundamentally altering their ability to operate a vehicle safely.
  • Driver Fatigue: An exhausted driver can be just as dangerous as an intoxicated one. Drowsiness delays reaction times and impairs decision-making, leading to critical errors that can cause devastating head-on or rear-end collisions. This is a particular risk for commercial truck drivers and commuters with long journeys.
  • Inadequate Vehicle Maintenance: Safe vehicle operation depends on properly functioning equipment. When owners neglect essential upkeep like brake service, tire replacement, or fluid checks, it can lead to dangerous mechanical failures that cause an accident.
  • Defective Auto Parts: Sometimes, a crash is not the driver’s fault but the result of a faulty vehicle component. Defective brakes, tires, or steering systems can cause a driver to lose control without warning. In these cases, the vehicle or parts manufacturer may be held liable.

When these or other forms of negligence cause injury, victims have the right to seek financial compensation. However, the claims process can be incredibly complex and stressful, which is why having a knowledgeable legal advocate on your side is so important.

Common Types of Car Crashes We Handle in Orland Park

Motor vehicle collisions can occur in many different ways, with each type presenting unique dangers and complexities when determining liability. Our firm is prepared to handle claims arising from any type of crash, including:

  • Rear-End Collisions: These common accidents are often caused by tailgating or distracted driving. While the trailing driver is usually presumed to be at fault, these collisions frequently result in painful whiplash and other soft-tissue injuries.
  • T-Bone (Side-Impact) Crashes: Among the most dangerous types of accidents, T-bone crashes often happen at intersections when a driver runs a red light or fails to yield the right-of-way. Occupants on the side of the impact have very little protection, making them vulnerable to severe injuries.
  • Head-On Collisions: Though less frequent, head-on collisions are often the most severe, frequently resulting in life-altering or fatal injuries due to the immense combined force of the impact. They typically occur when a driver crosses the centerline into oncoming traffic.
  • Rollover Accidents: Vehicles with a high center of gravity, like SUVs and trucks, are more susceptible to rolling over, especially when taking a sharp turn at high speed. These accidents can cause catastrophic injuries, particularly if an occupant is ejected from the vehicle.
  • Multi-Vehicle Pileups: Often occurring on highways like I-80 or I-57 during adverse weather, these chain-reaction accidents involve three or more vehicles. Determining fault in these complex scenarios can be extremely challenging and requires careful investigation.
  • Hit-and-Run Crashes: When a driver flees the scene of an accident, it leaves the victim in a difficult position. Our team can help you navigate the process of identifying the responsible party or filing a claim through your own uninsured motorist coverage.

The Role of Evidence in a Car Accident Claim

A successful personal injury claim is built on a foundation of strong, credible evidence. Simply stating that another driver was at fault is not enough; you must be able to prove it. Our legal team is skilled in gathering and preserving all forms of evidence to build a compelling case on your behalf. Key pieces of evidence often include:

  • Official Police Report: This is one of the first and most important documents in a car accident case. It provides an objective account of the incident, often including a diagram of the scene, statements from drivers and witnesses, and the officer’s initial assessment of fault.
  • Medical Records: Your complete medical file is critical. It documents the extent of your injuries, the treatments you have received, and the professional opinions of your doctors regarding your prognosis and future medical needs. These records create a direct link between the crash and the harm you suffered.
  • Photographs and Videos: Visual evidence from the accident scene can be incredibly powerful. Photos of vehicle damage, skid marks, road conditions, and your physical injuries can help paint a clear picture of what happened and how you were affected.
  • Witness Testimony: Independent witnesses who saw the accident can provide impartial accounts that corroborate your version of events. Their statements can be invaluable in disputes over liability.
  • Expert Witness Reports: For complex cases, we may work with expert witnesses. An accident reconstructionist can analyze the physical evidence to scientifically determine how the crash occurred. Medical experts can testify about the severity of your injuries and the long-term impact on your life and ability to work.
  • Vehicle “Black Box” Data: Many modern vehicles are equipped with event data recorders (EDRs) that capture information about the car’s speed, braking, and steering in the moments before a collision. This data can provide indisputable proof of a driver’s negligence.

Navigating Insurance Company Tactics After a Crash

After an accident, you may believe that the at-fault driver’s insurance company will be reasonable and fair. Unfortunately, that is rarely the case. Insurance companies are for-profit businesses, and their primary goal is to protect their bottom line by paying out as little as possible on claims. To do this, they employ a range of tactics designed to devalue or deny legitimate claims.

It is important to be aware of these strategies:

  • Pressuring for a Recorded Statement: An adjuster may call you soon after the crash and insist on taking a recorded statement, claiming it is a necessary step. However, they are trained to ask leading questions designed to get you to say something that can be used against you later, such as downplaying your injuries or admitting partial fault.
  • Requesting a Blanket Medical Authorization: The insurer will ask you to sign a broad medical release form. This gives them access to your entire medical history, which they will scour for pre-existing conditions they can use to argue your injuries were not caused by the accident.
  • Offering a Quick, Lowball Settlement: If liability is clear, the insurer might offer a quick settlement before you know the full extent of your injuries and future medical needs. This offer may seem tempting when bills are piling up, but it is almost always far less than what your claim is truly worth. Once you accept, you forfeit your right to seek any further compensation.
  • Delaying and Denying: Another common tactic is to simply delay the process. They may ignore your calls, claim they are waiting on paperwork, or deny the claim on a weak technicality. They hope these frustrating delays will cause you to give up or accept a low offer out of desperation.

An experienced car accident attorney acts as a crucial buffer between you and the insurance company, handling all communications and protecting you from these coercive tactics.

Understanding the Illinois Statute of Limitations for Car Accidents

In Illinois, there is a time limit for filing a personal injury lawsuit, known as the statute of limitations. This rule is perhaps the single most critical procedural deadline in any motor vehicle claim. For car accident cases, the law generally allows you two years from the date of the crash to file a lawsuit in the appropriate civil court.

This two-year window is a firm legal deadline. If you fail to file the formal complaint within this period, you will almost certainly lose your right to pursue compensation in court, regardless of the severity of your injuries or the clear liability of the other driver. The courts rarely grant exceptions once the statute has expired.

While two years may seem like an ample amount of time, it can pass quickly, especially when an injured party is focused on surgeries, medical treatments, and physical rehabilitation. It is vital to contact an attorney as soon as possible after an accident. This allows time to conduct a thorough and timely investigation, gather evidence while witness memories are still fresh, and track down critical documentation before the deadline approaches.

Exceptions to the Rule:

  • Minors: If the injured party was under the age of 18 at the time of the crash, the two-year limitation period often begins running from the date the child turns 18.
  • Governmental Entities: If the defendant is a governmental body—such as a city bus driver, a police vehicle, or a crash caused by poorly maintained state-owned road infrastructure—the time limit to provide notice of the claim is drastically shortened, sometimes to as little as 180 days, with the filing deadline also potentially shorter than two years. These cases require swift, precise action from the outset.
  • Wrongful Death Claims: If the crash results in a fatality, a wrongful death action must generally be filed within two years of the date of death.

The potential for these exceptions and the absolute finality of the two-year clock underscore why prompt legal assessment is essential to protecting an injured person’s right to recovery.

How is Fault Determined in an Illinois Car Accident Claim?

Illinois follows a legal doctrine known as modified comparative negligence, often referred to as the 51% bar rule. This rule is crucial because it governs whether and how much compensation an injured party can ultimately recover if they share some responsibility for the crash.

The Reduction of Damages: Under this system, if the plaintiff is determined to be 50% or less at fault for the accident, their total recoverable damages will be reduced by their percentage of fault. For example, if a jury awards $100,000 in total damages but finds the plaintiff was 20% responsible for a lane change that contributed to the incident, the plaintiff would recover $80,000.

The 51% Bar: It is critical to note that under Illinois law, if the plaintiff is found to be more than 50% responsible for the accident (i.e., 51% or more), they are completely barred from recovering any damages whatsoever.

Insurance companies representing the defendant are well aware of this rule and will often try to shift as much blame as possible onto the victim to reduce or eliminate their liability payout. A dedicated legal team will work rigorously to build a case with compelling evidence to protect the injured party from unfair or unsubstantiated allegations of shared fault.

Establishing Clear Liability Through Evidence

Successfully proving fault is paramount and relies on meticulous evidence collection and forensic analysis. Legal efforts in car accident cases focus on obtaining and analyzing several key pieces of evidence:

  1. The Police Accident Report: This official document records the facts of the crash, witness identities, road conditions, and often includes the investigating officer’s initial determination of which party violated a traffic law or was at fault.
  2. Witness Testimony: Statements gathered from bystanders, other drivers, and passengers are often crucial in establishing what transpired in the moments immediately before, during, and after the impact.
  3. Photographic and Video Evidence: Pictures taken at the scene by the victims or witnesses, as well as footage from nearby security cameras (businesses, homes) or dashcams, provide objective proof of vehicle positions, road conditions, and the extent of damage.
  4. Electronic Data Recorders (EDR or “Black Boxes”): Modern vehicles are equipped with EDRs that record information such as vehicle speed, braking status, steering angle, and seatbelt use in the seconds leading up to a crash. This data is indispensable in reconstruction efforts.
  5. Medical Records: The extent and nature of the injuries themselves, as detailed in hospital and doctor records, serve as evidence that the force of the collision caused the specific harm being claimed.
  6. Accident Reconstruction: In complex, high-impact, or low-visibility crashes, traffic accident reconstruction professionals may be engaged. These professionals use physics, engineering principles, and the physical evidence at the scene (skid marks, damage patterns) to create a scientific model of how the crash occurred and verify the forces involved.

What Types of Compensation Can Victims Recover?

Legal practices dedicated to accident law advocate on behalf of their clients in pursuit of full compensation for all of their losses. Recoverable damages in Illinois car accident cases fall into two main categories: economic and non-economic damages.

1. Economic Damages (Quantifiable Losses)

These damages represent calculable financial losses that can be precisely documented through bills, receipts, and wage statements:

  • Medical Bills: Reimbursement for all past, current, and future medical care related to the accident. This includes emergency services, ambulance fees, hospital stays, surgical procedures, doctor appointments, physical therapy, chiropractic care, diagnostic testing (MRIs, X-rays), and prescription medications. The projection of future medical expenses—for necessary long-term care or future surgeries—often constitutes a significant portion of a serious claim.
  • Lost Wages: Compensation for the income you have lost while being unable to work during your immediate recovery period. This includes salary, bonuses, commissions, and any other employment benefits.
  • Loss of Earning Capacity: This is sought if your injuries result in a temporary or permanent disability that impacts your ability to earn a living in the future. For example, a construction worker who sustains a permanent back injury may no longer be able to perform physically demanding work. This calculation considers the victim’s age, education, career trajectory, and life expectancy.
  • Property Damage: The cost to repair or replace your vehicle and any other personal property (e.g., cell phone, laptop, or cargo) damaged or destroyed in the crash.

2. Non-Economic Damages (Subjective Losses)

These damages compensate for intangible losses that do not have a fixed monetary value but significantly impact the victim’s quality of life:

  • Pain and Suffering: Compensation for the physical pain, discomfort, and residual chronic pain caused by the accident and the recovery process.
  • Emotional Distress and Mental Anguish: Damages for the psychological impact of the crash, which may include anxiety, depression, post-traumatic stress disorder (PTSD), fear of driving, insomnia, and mental distress.
  • Scarring and Disfigurement: Damages for any permanent scarring or disfigurement that impacts the victim’s appearance, self-esteem, and social interactions.
  • Loss of Normal Life/Enjoyment of Life: Compensation for the diminished ability to participate in activities, hobbies, recreational pursuits, and family life that the injured person enjoyed before the accident (e.g., inability to play sports, care for children, or engage in meaningful activities).

Wrongful Death Claims

In the tragic event that a car accident is fatal, legal teams work with surviving family members to pursue a wrongful death action. This claim seeks to compensate the family for their devastating loss and may cover:

  • Funeral and burial expenses.
  • Loss of financial support that the decedent would have provided to the family.
  • Loss of companionship, guidance, instruction, comfort, and consortium (intimacy with a spouse).

A separate survival action is often filed simultaneously to recover the losses incurred by the deceased person between the time of injury and the time of death, such as their medical bills and pain and suffering experienced during that interval.

Dedicated Representation for Car Accident Victims in Orland Park and throughout Chicagoland

At SFG Law Firm, we believe you need more than just a lawyer; you need a compassionate ally who is sensitive to your needs. We take the time to listen and to understand how your injuries have impacted every aspect of your life. This client-focused approach allows us to build a comprehensive case designed to secure the financial resources you need to move forward with confidence. While we always strive for a fair and efficient resolution, we will never sacrifice your best interests for a quick settlement.

If you have been injured in a car crash, you do not have to navigate the complex legal and insurance systems alone. Let our team handle the legal burdens so you can focus on what matters most: your health and your family.

If you or a member of your family has been hurt in a car accident, contact our office. Schedule your free consultation and case evaluation by calling 708-942-8400 today.

Frequently Asked Questions (FAQs) About Car Accident Claims in Chicago

How much is my car accident claim worth?

There is no single answer to this question, as every case is unique. The value of your claim depends on many factors, including the severity of your injuries, the total amount of your medical bills and lost wages, your long-term prognosis, and the impact the injuries have had on your quality of life. An attorney can evaluate these factors to give you a clearer understanding of your claim’s potential value.

How long will it take to resolve my case?

The timeline for a car accident case can vary significantly. A straightforward claim with clear liability might be settled in a few months. However, a more complex case involving severe injuries or a dispute over fault could take a year or more, especially if a lawsuit needs to be filed.

What if the other driver was uninsured or underinsured?

If the at-fault driver has no insurance or not enough to cover your damages, you may still be able to recover compensation through the Uninsured/Underinsured Motorist (UM/UIM) coverage on your own auto insurance policy. Navigating a UM/UIM claim can be complex, and it is beneficial to have an attorney represent you in dealings with your own insurer.

Do I have to go to court?

The vast majority of car accident cases are settled out of court through negotiations between your attorney and the insurance company. However, if the insurance company refuses to make a fair settlement offer, we are always prepared to file a lawsuit and take your case to trial to fight for the compensation you deserve.

Can I still file a claim if I was partially at fault?

Yes. As explained by Illinois’s modified comparative negligence rule, you can still recover damages as long as you are not more than 50% at fault for the accident. Your final compensation will simply be reduced by your percentage of fault.

How much does a car accident lawyer charge?

Our firm handles car accident cases on a contingency fee basis. This means you pay no upfront fees or hourly rates. We only receive a fee if we successfully recover compensation for you, either through a settlement or a court award. Our fee is a percentage of the total recovery, so if we do not win your case, you owe us nothing.

Our firm serves clients in Orland Park, Tinley Park, Glen Ellyn, Elmhurst, Joliet, Chicago, Mokena, Will County, Cook County, Kankakee County, and the surrounding areas.

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    Schwartz, Fotopoulos & Green

    Orland Park
    14496 John Humphrey Dr, #101
    Orland Park, IL 60462
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    Phone: 708-942-8400

    Orland Park
    60 W. Randolph St., 4th Floor
    Chicago, Illinois 60601
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    Orland Park
    14496 John Humphrey Dr, #101
    Orland Park, IL 60462
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    Joliet Office
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    Joliet, IL 60432
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    Our firm is here to answer your questions about personal injury cases. Contact us for a free consultation to get the legal help you need.

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