It’s hard to know when a traffic accident might impact your life. You can do your best to avoid collisions by driving defensively, but one negligent driver can still turn your life upside down.
Medical bills, lost income, vehicle damage, and even the possibility of permanent disability can follow a car accident that happens in only a few seconds.
The at-fault driver’s insurance company should cover your damages, but their adjuster will work to pay you as little as possible. They might even reject your claim entirely, saying you are at fault or citing another reason not to pay.
When you need help recovering your damages after a car accident, The Personal Injury Lawyers™ team is here to help. We’re always available for a free consultation about your case and will work diligently to secure the best possible settlement.
Even if you aren’t sure about the fault, we can help you learn more about the accident and explain your options.
What Kinds of Car Accidents Can a Des Plaines Car Accident Attorney Handle?
If your accident was caused by another party’s negligence, we can help you pursue the compensation you deserve in any collision. However, there are many kinds of accidents and common difficulties within each category.
Here are some of the most prevalent types of accidents and the issues you should be aware of:
T-Bone or Side Impact Accidents
This type of collision usually happens at intersections, or it occurs when one vehicle pulls out of a driveway in front of another car. If it happens at an intersection, it’s usually because one driver ignored a red light or stop sign or didn’t yield the right of way when they should have.
Unfortunately, side impact crashes often cause severe injuries and are responsible for almost 50 percent of traffic fatalities. Although most modern vehicles now have side airbags, this area of a vehicle is still poorly reinforced and vulnerable.
Frequently, the car door caves in, leading to broken bones, internal injuries, and other serious injuries.
Although you can’t stop other drivers from running a red light, you can be cautious when approaching an intersection. If you see another car that doesn’t appear to be slowing down, proceed carefully and be prepared to stop.
The primary concern with T-bone accident claims is a dispute about who had the right of way—often, both drivers insist they did. The responding officer may have difficulty verifying either story if there are no other witnesses, so the police report could be inconclusive.
In these situations, we will look for additional evidence, such as witnesses in nearby buildings, video from doorbell or security cameras, and more.
Rear-End Collisions
These accidents often occur without warning to the occupants of the front vehicle. The rear driver may also be surprised if they are distracted, or they might try to stop but find they can’t do so in time to avoid a collision.
The front and rear of a vehicle are more heavily reinforced than the sides, so these crashes are less likely to result in broken bones and other severe injuries. However, you can still suffer painful and sometimes long-term consequences.
Whiplash and other soft-tissue injuries can leave you in pain and unable to work for days, weeks, or even months in some cases. We also sometimes see facial injuries if the front car is pushed into another vehicle and the airbags go off.
In some situations, head injuries can occur due to the head snapping forward and backward rapidly.
Many people expect rear-end collision claims to be simple because they assume the rear driver is at fault. This is usually true, but there are some exceptions, and the rear driver could claim one of the following:
- Malfunctioning Brake Lights: The rear driver might say your brake lights weren’t on, so they had no idea you were stopping.
- Backing Up: This doesn’t happen often, but occasionally, there are situations where a driver decides to back up unexpectedly.
- Cutting in Front: Generally, the rear driver is at fault for following too closely, going too fast, or failing to pay attention. However, if someone cuts in front of you and hits the brakes, you may not have time to adjust your speed.
- Stopping for no Reason: This is a difficult argument because the front driver may have a reason the rear driver doesn’t know about. However, we sometimes see cases where the rear driver claims the front driver slammed on the brakes with no compelling reason to do so. There may also be an issue if the front driver has a mechanical problem and fails to turn on their hazard lights promptly.
Multi-Vehicle Collisions
Multi-car pileups often stem from a rear-end collision that causes a “domino” effect. One car is shoved into the next, and then the next.
In some cases, six or more vehicles may be involved, but usually, the number is not that high.
If your vehicle is struck from the rear and front, your risk of injury increases. You may also have to contend with the front driver making a claim on your insurance while you struggle to recover compensation from the rear driver.
Often, we work to show that the rear driver was at least primarily at fault for both collisions. Even if you maintain a safe following distance and speed, you may be unable to stop your car if it’s hit from behind at high speed.
Head-On Collisions
Like side impact crashes, these can cause numerous severe injuries. Although the front of a car is well-reinforced, it can crumple in high-speed crashes.
The impact may also cause one or both vehicles to veer sideways and suffer a second impact. Broken bones, internal injuries, head injuries, and other calamities often follow a head-on collision.
This type of accident usually occurs when one driver crosses a median or is going the wrong way. Sometimes, the cause is intoxicated driving, but even sober drivers can overlook “one-way” signs in some cases.
Drivers who cross the center line may be distracted, drowsy, or under the influence. If there is a dispute about fault, it’s usually about who was going the wrong way or crossed the median.
Rollover Accidents
Any collision at high speed can increase the risk of a vehicle rolling over, although side impact crashes are a common cause. Large, boxy vehicles like SUVs or pickup trucks are more prone to rolling over.
Unfortunately, a rollover can cause serious injury to those inside the vehicle. Airbags may blunt some of the impact, but drivers and passengers could still suffer multiple broken bones, lacerations from broken glass, head injuries, eye and face injuries, and other issues.
Disagreements about fault are usually rooted in the initial collision. At intersections, the issue is typically who had the right of way.
Single Vehicle Accidents
Crashes involving only one vehicle are usually either the fault of the driver or due to circumstances beyond their control, such as an obstruction in the road. However, there are a few cases where another party’s negligence may be to blame.
Sometimes, the driver may swerve off the road to avoid a head-on collision. These cases can be challenging to prove, but if we find evidence like video or witnesses, we may be able to pursue a claim against the wrong-way driver.
Occasionally, a single-vehicle crash can be traced to a defective car part, like faulty brakes or tires. If we locate evidence to this effect, we might consider a claim against the manufacturer.
What if You Have Concerns about Proving Fault in Your Accident?
It’s common for us to meet people who aren’t sure about fault, think they might be at fault, or aren’t sure if they can prove fault. Talking to a car accident lawyer about these issues is the best way to move forward.
In many cases, we can assist you in determining fault, and if another party is at least primarily responsible, we’re prepared to pursue a claim against them.
Here’s one situation that might occur: You’re confident you didn’t cause the collision, but the other driver tells the police you did. They might even claim you ran a stop sign or ignored another traffic law.
You know this didn’t happen, and tell your side of the story.
Sometimes, the situation is a little different. Maybe you suspect you made a mistake that contributed to the accident, but you’re uncertain.
Meanwhile, the other driver also made some careless decisions. You’re unsure who is responsible, though you think you could be partially to blame.
In either case, the responding police officer will review the scene, gather evidence, and speak to any witnesses available. When giving a statement to the police, you should be candid, but there is no need to opine about fault or volunteer information beyond what you were asked.
Determining fault isn’t always straightforward, and the responding officer probably has limited time and resources to delve into the details. For these reasons, the police report might suggest shared responsibility (which is common) or even indicate you were at fault.
If you suspect this is incorrect, please contact a lawyer immediately. Our investigative team will search for additional evidence to get a clearer picture of the events.
How Does Shared Fault Affect Your Car Accident Claim?
The good news is that partial fault does not always prevent you from pursuing compensation. In Illinois, modified comparative negligence statutes allow a party who is less than 50 percent at fault in an accident to recover damages from the party who is more than 50 percent at fault.
However, any percentage of fault assigned to the less responsible party is deducted from their total compensation. For example, if you’re 30 percent at fault, you could still recover 70 percent of your damages from the other driver’s insurer.
Who Decides the Breakdown of Fault in an Accident?
You might be surprised by the answer. Many people mistakenly believe that the responding police officer assigns fault percentages, while others think fault is settled in a court case. Most of the time, both assumptions are incorrect.
The responding officer is responsible for identifying contributing factors in the accident and assigning them to one or both drivers. It is not their job to decide how much fault each driver has.
Fault can be decided in a court case, but this is a rare occurrence. The majority of car accident claims are settled out of court by negotiating with one or more insurance companies.
That is the real answer—insurance adjusters will most likely decide the fault breakdown in your claim. If you pursue a claim against the other driver, their insurer will assign an adjuster to review the case, and that person will determine fault.
If you both file claims on each other’s insurance, you’ll each be assigned an adjuster. If you happen to have the same insurer, two independent adjusters will be assigned.
The adjusters may negotiate with each other because neither wants to pay the claim. Eventually, they will agree on a fault breakdown.
Where are you in this process? Unfortunately, many injured people depend on the insurance adjusters to decide the fault.
If you don’t have an attorney, it may be difficult to protest the fault breakdown should you disagree.
The best way to ensure your interests are represented is to speak with a Des Plaines car accident lawyer. Insurance adjusters serve their employers, not you.
Your Des Plaines personal injury attorney’s job is to protect your interests. To that end, we will search for more evidence, such as photos, videos, or witness statements, revisit the collision scene, and work to build a strong case showing you had little to no responsibility.
If the insurance company overestimates your share of fault (which is common), we’ll present evidence to show why the number should be lower. We’ll always fight to achieve the largest settlement possible.
Where Can You Get Help From a Des Plaines Car Accident Law Firm?
Our experts at The Personal Injury Lawyers™ are recognized leaders in personal injury and car accident cases in Des Plaines and across the Chicago area. Our dedicated team is committed to evaluating your case, addressing your questions, and outlining the best strategies to seek compensation.
If there’s a path to securing damages in your situation, we’ll uncover it. Contact our experts today at 312-999-9990.
