Chicago Auto Accident FAQs — Experienced Attorneys Answer Your Questions

Careful guidance in navigating Illinois car accident laws

Have you or someone you love been involved in an Illinois motor vehicle wreck, a Chicago taxi accident or any other type of highway incident in the state of Illinois? If so, you likely have questions. The Law Offices of Newman, Boyer & Statham, Ltd. provides the answers to some commonly asked questions below. For more information about your specific case, get in touch with us today.

Chicago car accident attorneys with the experience and knowledge you need

No one ever expects to need a Chicago car accident attorney. But when an accident occurs, you need the right attorney for your case. At The Law Offices of Newman, Boyer & Statham, Ltd., we have more than two decades of experience as the right car accident attorneys for our clients. We counsel clients on what to do after a car accident. We can also arrange a home or hospital visit to discuss your case if you cannot meet us at our Chicago or Tinley Park offices. Contact us today online, or call 312.443.1998 or 312.443.1998 to arrange a free consultation.

How is fault determined in a car accident?

Fault is a matter of carelessness. All drivers have a duty of care to drive with regard for the safety of their fellow motorists. When they do not meet this duty as it is defined in the vehicle code of the applicable state, they are negligent and at fault for the accident. In most cases, proving negligence requires proving:

  • The duty of care existed
  • The driver or the pedestrian ignored this duty of care
  • This ignorance led directly to your injury or damage

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Is it possible that I am liable if my car was rear-ended?

Rear-end collisions are almost always the fault of the driver who hit you, no matter why your vehicle was stopped. The law states that a driver must always be in sufficient control of his or her vehicle to stop if road conditions dictate. It may be possible that another vehicle hit the car behind you, driving that car into the back of your vehicle. In that case, the third driver is at fault.

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Can a motorcyclist be awarded damages if he or she was not wearing a helmet at the time of the accident?

This depends on whether the state in which the accident occurred mandates the use of motorcycle helmets. Only three states do not have some law regarding helmets. However, Illinois is one of these states, meaning it may be easier to recover such damages in a Chicago motorcycle crash than anywhere else.

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When a car causes an accident by making a left turn, is the accident always the fault of that driver?

If a car driving straight through an intersection strikes a car making a left turn at the same intersection, it is almost always the fault of the turning driver. Exceptions to this rule include:

  • The car going straight ran a red light
  • The turning car began the turn under safe conditions
  • The car going straight was traveling too fast

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Whom can I sue if I am involved in a trucking accident?

A personal injury lawyer in Chicago understands that negligence in trucking accidents is often complicated and divided among many parties. The guilty parties in such a case may include:

  • The truck driver
  • The individual or company leasing the truck
  • The owner of the truck
  • The owner of the trailer
  • The individual or company responsible for loading the truck
  • The manufacturer of a defective part of the truck

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Can I be compensated for an accident if I was partially to blame for it?

If you were partly at fault for the accident that caused your injuries, the courts may limit or bar entirely the amount of compensation to which you are entitled. This depends, though, on the jurisdiction in which your accident occurred. In some states, when more than one party in an accident is negligent, fault is divided between those parties. This is called comparative negligence. Illinois is a modified comparative negligence state. An experienced Chicago auto accident lawyer can explain what this means in more detail.

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Choose auto accident attorneys in Chicago prepared to help

If you require a personal injury lawyer, look no further than The Law Offices of Newman, Boyer & Statham, Ltd. We are a full-service personal injury firm located one block from the Richard J. Daley Center, offering flexible office hours, free initial consultations and a contingency fee-based practice. Home and hospital visits can be arranged. Contact us at 312.443.1998 or online today.