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Chicago Car Accident Attorney

Motor vehicle accidents are the most common type of personal injury cases handled by the Taxman, Pollock, Murray & Bekkerman, LLC team. Every driver knows that the road can be a risky place. 

Injuries sustained in a car accident can be severe and life-altering. Unfortunately, it can be difficult to get auto insurance companies to cover the entirety of your care, and depending on the type of injury, medical care may be necessary for years. Never limit your treatment because the insurance company is pressuring you. Obtaining the compensation you deserve is possible with the help of a knowledgeable accident attorney.

Contact our firm to schedule your free consultation with one of our experienced Chicago car accident lawyers today at (312) 586-1700.

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Why Work With Taxman, Pollock, Murray & Bekkerman?

Taxman, Pollock, Murray & Bekkerman attorneys

Our prominent Chicago personal injury law firm was established by four highly accomplished attorneys. This isn’t mere rhetoric; it’s a testament to our years of dedicated service in the realm of personal injury law, advocating for victims of negligence. Collectively, we offer decades of experience handling a wide range of injury and accident cases.

Our decades of practice have been focused on helping victims of car crashes recover from their injuries and move on with their lives. Our associates will assist you in every aspect of your car accident case and answer any questions you might have.

We will go to traffic court with you, deal with the adverse party’s auto insurance company to assist with your medical bills and your property damage and work with your doctors to make sure you get the best medical treatment available in your situation. And most importantly, we are ready to take your case to court and fight for your maximum compensation if the insurance companies are not treating you fairly.

  • Proven results: Our firm has recovered over $500 million in settlements and record-setting jury verdicts on behalf of our clients. We will advocate aggressively for your maximum possible compensation.
  • Decades of experience: Our Chicago personal injury attorneys have decades of experience representing clients in their personal injury claims, including car accidents. We will leverage our knowledge and skill set to craft a compelling case in your favor and protect your rights.
  • We take care of you: Navigating an auto accident claim can be difficult after a recent injury. Our attorneys will handle all aspects of your case on your behalf, allowing you to focus on recovery—not paperwork.

Types of Auto Accident Cases We Handle

Our trusted car accident attorneys handle a variety of car accident cases in Chicago, including:

Our knowledgeable car accident lawyers understand that any of these auto accidents can be a financial burden. If you’ve sustained injuries and suspect that someone else is to blame, we’ll fight to obtain the monetary damages you deserve. We’ll come up with a plan to help you get the maximum amount of compensation and hold the negligent party liable for what happened to you.

What to Do After a Car Accident in Chicago

The moments after a motor vehicle accident can feel overwhelming and disorienting. However, these moments are vital to establishing your right to compensation.

  1. Call 911. Immediately following the collision, call 911 and report the accident to law enforcement. Illinois requires most car accident victims to file a police report, and taking this step immediately can fulfill this requirement. Additionally, the police report will include important details that could serve as evidence in your claim.
  2. Get medical help. You should also seek medical attention immediately, even if you do not feel hurt. You may have internal or underlying injuries that you may not feel in the moments after the crash. Going to the hospital will also establish medical records that you can use to validate your claim.
  3. Swap contact information. If you are able to move around the accident site safely and without further injury, take the following steps to preserve evidence. Exchange license, contact, and insurance information with the at-fault driver. Keep your interaction brief and do not admit anything about your accident or injuries.
  4. Talk to witnesses. If there are any witnesses in the area, ask them for their contact information. These witnesses could provide valuable testimony in your case.
  5. Take photos. Take as many photographs of the accident site, your injuries, and property damage as possible. If there are any traffic signs or signals, photograph them as well. Document as much of the accident scene as you can.
  6. Contact an attorney. Once you receive medical attention, contact an experienced Chicago car accident attorney from Taxman, Pollock, Murray & Bekkerman, LLC as soon as possible. Do not speak to an insurance representative until you speak to an attorney. Your lawyer will evaluate your case and explain your optimal course of action.

Through a car accident claim, you can recover damages for medical expenses, property damage, lost wages, and pain and suffering. If you are in a car accident with an at-fault driver, you have three options to recover this compensation.

  1. You can file a car accident lawsuit against the at-fault driver in Illinois civil court.
  2. You can file an insurance claim with the at-fault driver’s insurance company.
  3. You can file an insurance claim with your own auto insurance company, if you have the appropriate policy.

Most car accident claims begin in the insurance process and proceed to a lawsuit if necessary. However, there are certain situations where it may be in your best interest to file a lawsuit from the beginning. If your damages exceed the at-fault driver’s policy limits, for example, you are unlikely to recover maximum compensation through an insurance claim. These limits do not apply to lawsuits and you will have a stronger chance of recovering the full extent of your damages.

During each of these processes, you will need to prove that the at-fault driver caused the accident. When you file an insurance claim, the company will assign an adjuster to your case who will conduct an independent investigation. The adjuster will then determine who caused the accident and whether you deserve compensation. If your claim is successful, the company will provide a settlement offer, which you could accept, negotiate, or reject.

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What Are The Most Common Car Accident Injuries in Chicago?

  • Broken bones: It is common to sustain broken arms, ribs, legs, hips, and other fractures during a car accident. These collisions generate a significant amount of force, which can crush and break your bones.
  • Organ damage and internal bleeding: The impact of a car crash can damage and lacerate the internal organs of an accident victim, leading to dangerous bleeding. Without prompt treatment, this damage can be life-threatening.
  • Post-traumatic stress disorder: Not all car accident injuries are physical. Many accident victims develop post-traumatic stress disorder (PTSD) following a collision, a mental health condition that results in significant emotional anguish. PTSD can make it difficult to drive or ride in a vehicle after an accident.
  • Spinal cord injuries: The spinal cord, which is responsible for transmitting messages between your brain and body, can sustain damage during a car accident. Spinal cord injuries can result in a permanent loss of feeling and function below the damage site.
  • Traumatic brain injuries: During a car accident, you can sustain a serious injury to your head that leads to severe, long-lasting complications. Without prompt treatment, these traumatic brain injuries can be fatal or result in a permanent loss of function.
  • Whiplash: This injury occurs when the muscles, ligaments, and tendons in your neck and upper back move in a fast, unnatural way during a car accident. Whiplash can be very painful and take months to heal. This is often the result when speeding is present in an accident.

Common Causes of Car Accidents

Car accidents in Chicago can happen for a variety of reasons, many of which are preventable. Understanding the common causes can help raise awareness and potentially reduce the number of crashes. Some of the most frequent causes of car accidents in Chicago include:

  • Distracted driving: One of the leading causes of accidents, distracted driving involves activities that take a driver’s attention away from the road. Common distractions include texting, talking on the phone, eating, or adjusting the radio. Even a momentary lapse in focus can result in serious accidents.
  • Speeding: Speeding is a common issue on Chicago’s busy streets and highways. Drivers who exceed the speed limit or drive too fast for road conditions reduce their reaction time, increasing the likelihood of an accident. Speeding-related crashes often result in severe injuries due to the increased force of impact.
  • Drunk driving: Driving under the influence of alcohol or drugs is another major contributor to car accidents. Impaired drivers have reduced coordination, slower reaction times, and poor judgment, making them a significant danger to other motorists and pedestrians.
  • Reckless driving: Reckless driving includes aggressive behavior such as tailgating, weaving through traffic, and running red lights. This type of driving is dangerous and increases the likelihood of multi-vehicle collisions, especially in high-traffic areas.
  • Weather conditions: Chicago’s harsh weather, especially during the winter, can lead to hazardous driving conditions. Snow, ice, and heavy rain reduce visibility and make roads slippery, contributing to accidents. Drivers who fail to adjust their speed or drive cautiously in these conditions are more likely to cause crashes.
  • Running red lights and stop signs: Intersections are common sites for accidents, particularly when drivers ignore traffic signals or stop signs. Running a red light or stop sign can lead to dangerous T-bone collisions and other high-impact crashes.
  • Fatigued driving: Driving while fatigued is similar to driving under the influence. Drowsy drivers have slower reaction times and may even fall asleep at the wheel, leading to serious accidents. Long hours behind the wheel or insufficient sleep can contribute to these incidents.
  • Failure to yield: Many accidents occur when drivers fail to yield the right of way, whether at a crosswalk, intersection, or merging lane. This lack of attention or disregard for traffic rules often results in collisions, particularly with pedestrians and cyclists.

Understanding these common causes is essential for improving road safety and reducing the risk of car accidents in Chicago.

How Long Do I Have to File a Car Accident Claim in Chicago?

According to Illinois Statutes Chapter 735. Civil Procedure § 5/13-202, car accident lawsuits must be filed in civil court within two years from the date an injury occurs. If a crash victim fails to file a lawsuit against the alleged negligent party within this two-year time frame, then the case will likely be dismissed, and the victim will not be able to recover compensation for their losses.

However, most Chicago car accident cases are resolved through settlements with insurance carriers. Each insurance carrier involved in a case will have its own reporting deadlines that individuals need to be aware of. It is best to file a car accident claim within a day or two after the incident occurs in order to avoid the insurance carrier delaying or denying the claim for failure to meet their deadlines.

 

chicago car accident attorney

What Damages Can I Recover in a Car Accident Claim in Chicago?

Under Illinois law, car accident victims have the right to recover two types of damages: economic damages and non-economic damages. These categories address both tangible financial losses and intangible suffering caused by the accident.

Economic Damages

Economic damages refer to the tangible financial losses you may experience due to a car accident. These are measurable costs that often come with bills, receipts, and invoices. Common economic damages include:

  • Medical expenses: You can recover compensation for all past and future medical costs associated with your accident, such as doctor’s visits, surgeries, hospital stays, and prescription medications.
  • Disability accommodations: If your injuries result in disabilities, you may require special accommodations. Compensation can cover home and vehicle modifications, mobility equipment, and live-in care or in-home assistance
  • Lost wages and future earnings: Car accident victims are often unable to work during recovery.You can recover damages for lost wages during your recovery period, as well as loss of future earning capacity and benefits if you cannot return to work due to permanent injuries.
  • Vehicle repairs and replacements: You are entitled to compensation for property damage, which includes vehicle repairs and replacements for any other personal property damaged in the accident
  • Rehabilitation and therapy costs: Rehabilitation can be essential for recovery. Economic damages may cover physical therapy, occupational therapy, and mental health counseling.

Non-Economic Damages

Non-economic damages involve losses that do not come with a specific price tag but have significant impacts on your quality of life. These damages include compensation for emotional and physical suffering.

  • Physical pain and suffering: This category covers the physical consequences of your injuries, such as chronic pain, permanent disability, disfigurement or scarring, and amputation or loss of function
  • Emotional pain and suffering: Non-economic damages may include compensation for emotional distress, anxiety or depression, and post-traumatic stress disorder (PTSD).

Proving Economic and Non-Economic Damages

To secure economic damages, you will need to present evidence such as medical bills, paystubs, invoices, and employer correspondence. For future costs, an expert witness like an economist or medical professional can help assess long-term needs.

Non-economic damages are more challenging to quantify, as they don’t come with receipts or bills. Insurance companies use various methods to estimate these losses, but your Chicago car accident lawyer will have the tools to assess and advocate for fair compensation. Journals and personal accounts of your suffering can help substantiate your claim for non-economic damages.

The Four Elements of Negligence

How Negligence Is Established in Illinois Car Accidents

In the state of Illinois, a fault-based system is used to determine liability after a vehicle accident occurs. Some states use a no-fault system in which individuals will turn to their own insurance carriers for compensation after an accident, regardless of who caused the incident. However, since this is a fault-based system, determining liability is important period this revolves around establishing negligence, which includes four separate elements.

The Four Elements of Negligence

  1. Duty. Every driver on the roadway owes a duty of care to others around them. This duty extends to those inside other vehicles as well as pedestrians, bicyclists, and motorcyclists. A driver’s duty includes operating the vehicle within the confines of traffic law. Establishing a duty of care in a car accident case in Chicago is not challenging. So long as drivers were operating vehicles, they did indeed owe a duty of care to others.
  2. Breach. Establishing a breach of duty is more challenging. Drivers can breach their duty of care to others on the roadway in a variety of ways. This includes but is not limited to speeding, following others too closely, driving while impaired, driving distracted, failing to yield the right of way, road rage incidents, and more. There will need to be an extensive investigation into the incident to determine whether or not one driver breached their duty of care.
  3. Causation. After establishing that a breach of duty occurred, a plaintiff and their auto accident attorney will need to show that the breach directly or indirectly led to injuries or property damage.
  4. Damages. Lastly, it must be shown that the plaintiff sustained some sort of monetary loss as a result of the vehicle accident that occurred.

You can use medical and police reports, witness testimony, surveillance footage, and many other pieces of evidence to establish these elements. Your Chicago accident attorney from Taxman, Pollock, Murray & Bekkerman, LLC will conduct an in-depth investigation into your accident case to gather this evidence and craft a compelling case in your favor.

What Our Clients Have to Say

5 stars

Working with this law firm was amazing” – Richard G.

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Our Notable Car Accident Case Results

The car accident attorneys at Taxman, Pollock, Murray & Bekkerman, LLC will advocate aggressively for your maximum possible compensation. Here are some of the results we were able to achieve for our clients:

5 stars

$4.8 Million

A combined verdict and settlement for a family of three that sustained significant injuries in a car crash in Chicago. This was a zero offer case in which our client was actually improperly ticketed.

5 stars

$3.125 Million

Awarded in DuPage County for an ankle injury following a vehicle roll-over collision.

5 stars

$2.5 Million

A settlement amount given for a bicyclist hit by a car and suffered multiple injuries.

5 stars

$1.2 Million

Awarded for a rear-end collision with no property damage for a woman who had back surgery.

5 stars

$1.045 Million

An excess verdict in an automobile case. We tried to settle the case without filing a lawsuit for the full policy limit of $250,000, but Allstate refused to offer the money and denied the claims arguing that the injuries suffered by our clients were not related to the collision. Allstate ultimately settled for a total of $1,045,923 after the trial.

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Get a Free Consultation with Our Chicago Car Accident Attorney Today

If you, a family member, a loved one, or someone you know has been injured due to negligence, it will cost you nothing to discuss your injury case with an attorney. Reach out to our accident lawyers anytime by filling our online form, or by phone at (312) 586-1700 and get legal representation from an experienced accident attorney in Chicago.

Frequently Asked Questions

chicago car accident faqs

How Do You Prove You Are Not At Fault After an Accident?

There are times when individuals are accused of causing an accident or even being partially responsible for causing an incident. In fact, this is not an uncommon tactic for insurance carriers and at-fault parties to use. They could try and shift some or all of the blame onto you for causing the incident, which can help limit how much compensation they pay out altogether. Illinois uses a modified comparative negligence system, which means individuals will not receive compensation if they are 51% or more responsible for causing their own injuries.

Proving you are not at fault for an accident is complex. As the investigation moves forward, it will include examining every aspect of the incident. Essentially, if you were not at fault for the incident, the investigation needs to uncover which party or multiple parties were at fault. By proving others were at fault, you will essentially be proving that you were not at fault for the incident.

We strongly encourage reaching out to a skilled Chicago car accident attorney if you have been harmed due to the negligent actions of another driver. Your attorney will help investigate the incident and determine liability.

Is the Rear Driver Always At-Fault For an Accident?

It is a common misconception that a rear driver will always be responsible for an accident if a rear-end accident occurs. However, even though that may mostly be true, that is not always the case. Vehicle accident claims can become incredibly complex, and there are a variety of factors that can influence liability. Yes, rear drivers do have a responsibility to leave enough distance between themselves and a front vehicle so that they can stop before slamming into the rear. However, there are times when other drivers on the roadway cause a rear driver to slam into other vehicles, which means there may be others liable for these incidents.

Sometimes, more than one driver is at fault. Above, we mentioned the modified comparative negligence laws in Illinois. Even if a rear driver is found to be somewhat responsible for the incident, there may be others that hold responsibility. This can affect how much compensation a person receives for their injuries and property damage expenses.

Should I Give a Statement to The Insurance Company?

You may be required to cooperate with your own insurance company to a certain extent. However, you are not obligated to provide a statement to the other driver’s insurance company, nor are you required to hand over your medical records. It’s important to consult with your accident attorney before giving any statement, even to your own insurer.

Keep in mind that when filing a claim, the insurance company is not on your side—even your own. Their goal is to maximize profits by collecting premiums and minimizing payouts on claims. Insurance adjusters, whose job is to save their company money, are skilled in asking questions designed to get you to say something they can use against you. This could lead them to deny your claim, argue that you were partially at fault, or reduce the compensation they owe.

What Happens if the Insurance Company Denies Liability in a Car Accident Claim?

There are times when insurance carriers deny liability for a car accident claim. This can occur for a variety of reasons, but usually occurs if they believe that someone other than their policyholder caused the incident. If your claim has been denied by an insurance carrier, you need to reach out to a skilled car accident lawyer as soon as possible.

There are specific appeals processes that your attorney can go through, but it may be necessary to file a civil personal injury lawsuit against the at-fault driver in order to move forward with the case. When an attorney gets involved, they will conduct a complete investigation into the incident and go head to head with the insurance carrier in order to help you recover compensation for your losses.

The insurance carrier will still be involved even after a lawsuit gets filed because they have a responsibility to defend their policyholder. Your attorney will take the case all the way to trial if necessary, but it is not uncommon for a claim to settle during the discovery process (this is when both parties exchange evidence and information with one another).

What Are The Car Insurance Requirements in Illinois?

Like most states, Illinois follows a fault-based system when it comes to motor vehicle accidents. This means that a driver who causes a car accident must pay for the damages of his or her victims, including other drivers, their passengers, pedestrians, and cyclists. To uphold this financial responsibility, Illinois law requires all drivers to hold the following minimum amounts of liability insurance:

  • $25,000 for injury or death per person per accident
  • $50,000 for total injury or death per accident
  • $20,000 for proper damage per accident

Every insurance policy in Illinois automatically includes uninsured motorist (UIM)  insurance coverage equal to the policy’s liability limits. UIM coverage provides compensation in case you are in an accident with a driver who does not comply with Illinois’s car insurance laws. Penalties for driving without insurance coverage are steep; drivers could face a fine of at least $500, or $1,000 if the vehicle also has a suspended registration.

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How Does a Car Accident Case Work?

  1. Investigation: After a car accident, a thorough investigation is essential to establish liability and gather evidence to support your claim. This process involves collecting police reports, witness statements, and any available video footage of the accident. Your attorney will work diligently to determine who was at fault and build a strong case on your behalf.
  2. Medical Treatment: Seeking immediate medical attention after a car accident is crucial, even if your injuries seem minor at first. Delayed symptoms can develop later, and medical documentation is key to your injury claim. It’s important to keep all records of medical bills, treatments, and prescriptions. These will be necessary for both your recovery and your legal case to ensure that you’re compensated for all current and future medical costs.
  3. Filing a Claim with Your Insurance Company: Once you’ve received medical treatment, it’s time to notify your insurance company about the accident. Your attorney will guide you through this process, ensuring you provide the right information without jeopardizing your claim. While you need to cooperate with your own insurer, be cautious about providing detailed statements without consulting your Chicago car accident lawyer first. Insurance companies often try to minimize payouts, so legal guidance is critical.
  4. Further Investigation: During this stage, your attorney may conduct additional investigation to gather more evidence or hire experts to strengthen your case. In complex cases, accident reconstruction experts may be brought in to recreate the incident and clarify how the accident occurred, which can be useful in establishing liability.
  5. Prepare a Settlement Demand: Once your medical treatment is complete and the investigation is finalized, your attorney will prepare a settlement demand to present to the at-fault party’s insurance company. Your lawyer will draft a detailed demand letter outlining your injuries, damages, and the compensation you are seeking. This is a crucial step in the negotiation process.
  6. Discovery in Preparation for Trial: If the case does not settle, the next phase is discovery, where both sides exchange information in preparation for trial. This may involve depositions, interrogatories, and document requests. Depositions allow attorneys to question witnesses and involved parties under oath, providing valuable information for trial.
  7. Mediation and Pre-Trial Conferences: Before the case goes to trial, there may be opportunities to resolve the dispute through mediation or pre-trial conferences, which can result in a settlement without the need for a full trial. Mediation allows both parties to negotiate with the help of a neutral third party. Often, this can lead to a fair settlement and avoid the lengthy trial process.
  8. Trial: If all previous attempts to settle fail, your case will go to trial, where a judge or jury will determine the outcome based on the evidence presented. Your attorney will represent you at trial, presenting evidence, questioning witnesses, and making arguments to secure the compensation you deserve.

What If My Loved One Died in a Car Accident?

Losing a loved one in a car accident is an unimaginable tragedy, and in addition to the emotional devastation, families are often left facing financial hardships. If your loved one died as a result of a car accident caused by another party’s negligence, you may be able to pursue a wrongful death claim with the help of a wrongful death attorney in Chicago.