Located on the shore of Lake Michigan, Waukegan is a busy city with plenty of traffic on its roads. Unfortunately, that can lead to motor vehicle accidents and, in some cases, serious injuries.
A car collision could leave you in pain, out of work, and struggling to pay your bills, and the insurance company isn’t always helpful.
At The Personal Injury Lawyers, we’re here to help with your car accident case. If you were injured due to another driver’s negligence, we’ll work to get you the settlement you need to move forward.
We’re always available for a free consultation if you have questions or concerns about your accident, so please contact us today to learn more.
What Can a Waukegan Car Accident Attorney Do for You?
Navigating the complexities of a car insurance claim can be confusing, time-confusing, and fraught with unexpected difficulties. What may seem straightforward can quickly become complicated if you experience any of these common challenges:
- The other driver might claim you are at fault when you don’t believe you are.
- Even if the other motorist admits responsibility, their insurance company could still say you are partially to blame, giving them an excuse to reduce your settlement.
- In some cases, the police report may be inconclusive or attribute causative factors to both drivers.
- If you are assigned more fault than you have, you could lose a significant amount of your settlement or receive nothing at all.
- The insurance company could also slash your settlement by undervaluing your claims, ignoring some losses, or minimizing their value unfairly.
As if these issues aren’t problematic enough, it’s difficult for the average layperson to ascertain if they have happened. Most people don’t know how to value an insurance claim or calculate the fault breakdown in a car collision, for example.
As a result, many drivers simply accept the insurance company’s opinion on the matter, which can lead to a smaller settlement than they deserve.
Is It Expensive to Hire a Car Accident Lawyer?
Like most personal injury attorneys, The Personal Injury Lawyers™ work on a contingency basis, which means you don’t have to pay any upfront fees. We believe you should be able to learn your options at no charge, so your initial consultation is free, and there is no obligation.
If you want to move forward with our help, we won’t charge you anything until we win or settle your case, and then we’ll receive an agreed-upon percentage of the recovery.
How Can Your Car Accident Lawyer Help You Prove Fault in a Car Accident?
Fault is not contested in all car accidents, but when it is, your claim could become more complex. Because the at-fault party’s car insurance is expected to pay for other parties’ damages, the insurance adjuster will look for any opportunity to blame another driver.
As we mentioned earlier, the adjuster doesn’t necessarily have to make the case that you were entirely at fault, either. If they claim you were partly responsible, they could still drastically reduce the company’s expenses.
How Modified Comparative Negligence Affects Your Claim
Illinois uses modified comparative negligence statutes with a “50 percent bar” to recovery for personal injury cases like car accidents. That means being partially at fault will not bar you from recovering damages unless you are at least 50 percent responsible.
If you are less than 50 percent at fault, you can recover damages from the more responsible party’s car insurance minus the percentage of fault you have. Being 20 percent at fault, for instance, would mean you could recover 80 percent of your damages.
From the insurance adjuster’s perspective, it’s worth making an effort to claim you have some responsibility, even if the evidence is not particularly strong. An injured person who does not have a lawyer might simply assume they were partly responsible and accept the smaller settlement.
Even if the injured party disagrees with the assignment of fault, fighting the insurance company on their own is an uphill battle. The insurance company has no shortage of lawyers to argue their case and use every legal loophole available.
However, if the injured driver has their own attorney, they are in a much better position to fight for a fair valuation. Your attorney will review all the evidence and may investigate further if needed.
We may canvas the area where your accident took place and search for additional evidence, including:
- Witnesses. The police will try to interview any witnesses to the accident, but they often have limited time to investigate. In some cases, we find more witnesses by talking with residents or people who work in the area.
- Photo evidence. We encourage you to take pictures after your accident unless your injuries prevent you from doing so. In addition to vehicle damage, it’s helpful to capture the road (especially any tire marks) and the surrounding area.
- Video evidence. If you have dashcam video showing the accident, you should share it with your attorney right away. However, we understand that not everyone has a dashcam. When reviewing the accident scene, our investigators will look for any homes with doorbell cameras or businesses with security cameras. Sometimes, the cameras may record video of an accident without the owner even knowing it. If we can obtain such a video from the owner, it could prove valuable to your case.
- Phone records. Distracted driving is a big problem. In 2020, distracted driving played a role in 9,432 Illinois car accidents, prompting the Illinois Department of Transportation (IDOT) to launch a “Drop it and drive” campaign. If we have reason to believe the other driver in your collision was distracted, we can try to acquire their phone records to show what they were doing at the time of the crash.
- Other electronic evidence. We can seek both cars’ Electronic Data Recorder or EDR data, which contains a number of data points associated with an event like a collision. For instance, we may be able to tell the speed at which both vehicles were going, their direction, and what actions the drivers took shortly before the accident.
Once we’ve gathered as much evidence as possible, we’ll analyze the data to determine:
- If you had any fault in the accident
- How much fault you had, if any
If our assessment does not line up with the insurance adjuster’s opinion, we’ll work to build a strong case to show that you either had no fault or had significantly less than the insurance company suggests.
If You’re At Fault in an Accident, Are You Stuck With Repairs and Medical Bills?
Even if you’re a vigilant driver, it’s always possible to make a split-second decision that goes awry. The good news is that your required car insurance should cover your liability to others up to the policy limit.
Illinois requires a minimum of $25,000 in bodily injury insurance per person ($50,000 per accident) and $20,000 for property damage like vehicle repairs.
These are minimum requirements—you can purchase more, and it’s a good idea to do so. Should you be responsible for a severe accident with higher damage amounts, you could be liable for any damages beyond what your insurance policy covers.
But what about your own injuries and vehicle damage? Sometimes, people ask if their liability insurance will cover their own losses, and the answer is no.
However, you can purchase two optional policies, Medical Payments (MedPay) and Collision, to cover your medical bills and property damage. They are helpful not only if you are at fault in an accident but in any situation where you can’t prove another driver is responsible.
That means you can use MedPay and Collision in single-car accidents or crashes caused by factors beyond your control, like poor weather, an animal on the road, or a sudden tire blowout. Because these optional policies are not required by law, you may want to check with your insurance company to see if you have them.
Why Are Motorcycle Accidents More Likely to Cause Serious Injury?
A motorcycle accident can happen in a number of ways, including single-vehicle accidents and collisions with solid objects such as a wall or building. However, many motorcycle crashes involve a motorcycle and a passenger vehicle, like a car.
Unfortunately, the biker is at a severe disadvantage in these collisions. The car is much larger and heavier, and its occupants are relatively well protected by safety features like airbags and seatbelts.
Meanwhile, motorcycles lack these safety features, and often, there is nothing stopping the biker from being thrown off their bike. Even if they manage to stay with the motorcycle, they could still suffer injuries from the crash impact.
One of the best ways to reduce the risk of severe injury in a motorcycle accident is to wear a DOT-approved helmet, ideally one that offers face and eye protection. It’s also helpful to pay attention to your wardrobe—riding in regular clothes that leave your arms and legs exposed can increase your risk of road rash and other injuries.
Riding jackets, gloves, long pants, and thick boots can provide some level of protection in the event of a crash.
Learning or brushing up on defensive driving techniques in a motorcycle safety course is also an excellent idea for riders. However, vehicle drivers should also take responsibility for helping to reduce the risk of these accidents.
One of the most common reasons given by drivers who turn or pull out in front of motorcycles is some variation of, “I just didn’t see the bike until it was too late!”
This is most likely a problem for vehicle drivers because motorcycles are small and easy to miss, especially if geographical features like buildings or trees partially block the car driver’s view. It can help to look carefully in both directions before turning and to roll down the window and listen for the sound of a motorcycle.
Motorcyclists can also make themselves more visible by using their headlamps and adding reflective patches to their clothing.
Who Is at Fault in a Motorcycle Accident?
Everyone on the road has a responsibility to follow traffic laws, drive thoughtfully, and avoid situations that could lead to an accident. While vehicle drivers should be cautious and always on the lookout for motorcycles, bikers should also drive defensively.
When an accident happens, many vehicle drivers blame motorcyclists for the collision. They may claim the biker was riding aggressively or speeding because of common misconceptions that bikers are reckless drivers.
The reality is that most motorcyclists fully understand the extra risks they face on a bike and make the effort to ride carefully. However, a dispute over fault can complicate your insurance claim after a motorcycle accident.
Another potential problem is that a motorcyclist may struggle to explain their side of the story due to severe injuries. It’s hard to elucidate what happened whilst suffering from a head injury, bleeding profusely, or in severe pain.
Additionally, some bikers may wake up in the hospital with serious injuries and few or no memories of the collision. These situations can make it more difficult for the responding officers to determine fault, and if the car driver can provide a more complete account of the accident, they may be inclined to believe it.
As with other car accidents, an experienced personal injury lawyer will work to learn more about what happened and build a strong case to show you had little to no fault for the motorcycle collision.
How Can You Get Help From a Waukegan Car Accident Law Firm?
Do you or a loved one have questions or concerns following a motor vehicle collision? The Personal Injury Lawyers™ team is always available for a free consultation about your car accident.
Our experienced Waukegan personal injury attorneys will review the details of your case, answer your questions, and detail the options for pursuing compensation. If there is a way to recover your damages, we’ll find it.
Attorney Robert S. Fakhouri founded The Personal Injury Lawyers™ to help injured people and their families obtain the compensation they need to move forward. The firm has recovered millions of dollars in damages for clients, and they stand ready to help you, too.
Call us today at 312-999-9990 or fill out or online form and a member of our team will contact you.
