According to the National Highway Traffic Safety Administration, approximately 43,000 people died as the result of car accidents in 2002. In 2003, 42,643 people died in car accidents. In 2002 there were over six million car accidents in the United States with almost 2.9 million injuries. Similar statistics are available for 2003. In Illinois in 2004, there were 1,356 total traffic fatalities. Given the number of drivers on the roadway and the time people spend in their car, many drivers are likely to experience a car accident at some time in their lives.

The impact of a car accident ranges from the inconvenience of property damage to serious injury or death. A lawyer may be helpful in evaluating the liability of the parties involved, the rights of the injured person to compensation and the steps necessary to obtain the compensation which the law provides. This section addresses many of the common questions asked and issues which arise following an automobile accident.

Car Accident FAQs

What does a "free case evaluation" involve?

Our firm offers a free case evaluation either by phone or in person. The case evaluation involves a discussion of the accident, the injury suffered and the manner in which your claim would likely proceed. This typically includes an interview with the potential client, and oftentimes a review of medical records and the Illinois Traffic Crash Report. The case evaluation provides the information necessary for the prospective client to assess whether they need a lawyer and to address how our firm may be of assistance. There is never an obligation to retain our firm or pay for the time spent discussing your case.

How much will your law firm charge to represent me?

We represent our clients on a contingent basis. With a "contingency fee" the attorney receives a percentage of the money recovered for you. This agreement provides a risk free fee structure for our clients. The client is not charged any amount while the claim is pending. If we are not successful in recovering money for you, you are not charged for any of the professional time spent on your case. Contingency fees vary slightly from case to case but are typically one-third of the amount recovered.

Are there any other charges associated with the handling of my case?

Our firm pays all of the expenses associated with presenting your claim to the insurer as well as the cost of litigation. These costs include acquiring copies of medical records, deposition transcripts, trial exhibits, witness fees and hiring experts, if necessary. These amounts are distinct from the attorney fee and are repaid at the conclusion of the case. If you do not recover money for you our law firm will not charge you for the amount paid on your behalf.

Who is at fault for the accident?

The Illinois Motor Vehicle Code defines the duty that a motorist owes to others on the road. These duties include but are not limited to the following:

• A driver must maintain a proper lookout for traffic;
• A motorist who is following another vehicle has the
  duty to follow at sufficient speed and distance so
  that he can stop or slow down suddenly if necessary;
• Motorists have a duty to avoid colliding with other
  vehicles;
• Motorists have a duty to operate their car in a
  reasonable manner with regard for weather conditions;
• In a rear-end collision, a party who collides with a
  stopped vehicle is typically guilty of negligence as a
  matter of law;
• A duty to drive a vehicle that is free of a
  defective condition which makes the vehicle unsafe to
  operate;
• A driver must obey the applicable traffic signals;
• A driver must yield the right of way if approaching
  on the right at an uncontrolled intersection.

Determining fault for a car accident involves an assessment of the driver's conduct. Negligence means the failure to do something which a reasonably careful would do, or the doing of something which a reasonably careful person would not do under the circumstances. The Illinois Motor Vehicle Code may be of assistance as it applies to cars as well as motorcycles, bicycles and pedestrians. A complete review of the circumstances surrounding the accident is required to determine whether the driver complied with the Illinois Motor Vehicle Code.

In determining fault for a car accident, police reports, witness statements, accident reconstruction as well as review of the Illinois Motor Vehicle Code may be useful.

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