Car Accident Laws in Chicago

Item: Salvi, Schostok & Pritchard P.C.
Rating: 5
Author: Heather Boston

If someone hurt you in a car accident in Illinois, an experienced lawyer can handle the challenging and complex process of seeking compensation for your injuries. The team at Salvi, Schostok & Pritchard P.C. is ready to put our skills and experience to work on your behalf.

We measure our success by the lives we’ve helped through positive case outcomes, including the more than $2.5 billion we’ve recovered for our clients. Our attorneys have decades of experience in personal injury law in Chicago, and we’re committed to following the latest developments in this important practice area.

Reporting Requirements

With the exception of state employees, drivers are no longer required to submit a report to the Illinois Department of Transportation following a collision. However, it’s still crucial for all drivers to notify the police when they’re involved in a crash. A police officer can come to the accident scene, prepare a written accident report, and potentially determine the party legally responsible for the crash. Call 911 and provide your location to have an officer meet you at the collision scene.

Offer reasonable assistance to the other party involved and your own passengers. You may need to render aid for anyone who is visibly injured, but try not to move them unless safety requires you to do so. Exchange information with the other driver, including:

Name
Contact information
Driver’s license number
Registration number
Vehicle information
Insurance information

Once the police officer arrives, they will collect information about the collision, including the names of the other drivers involved, the names of any eyewitnesses, statements from the involved parties, and a summary of how the police think the collision happened.

Minimum Insurance

Illinois law requires all drivers to maintain liability insurance to drive in the state. Liability insurance pays for damages you cause others. The state mandatory minimum amounts of liability coverage include:

$25,000 for the bodily injury or death of one person
$50,000 for the bodily injury or death of more than one person
$20,000 for property damage

Failure to carry insurance while operating a vehicle comes with a penalty of $500 and the suspension of your vehicle’s registration pending payment of a $100 fee and provision of proof of insurance. If you drive while your vehicle’s registration is suspended, you’re subject to a minimum fine of $1,000.

Fault-Based State

Illinois is a fault-based state. This means the at-fault driver must pay for the injured party’s medical costs, lost income, and property damage caused by their own negligence through their Illinois vehicle insurance policy. If the insurance company and your attorney cannot agree, the court can determine fault at trial following a review of all evidence pertaining to the collision. This will determine whether the other driver should be held liable for your damages and in what amount.

If you’ve been injured and another driver is at fault, you’ll need to report the collision to your own insurance company. Your personal injury attorney can take charge of filing an insurance claim with the at-fault driver’s insurance company and handle all negotiations on your behalf.

Cell Phone Law

Handheld electronic devices, including cell phones, are prohibited under the Illinois distracted driving law and punishable by a maximum $75 fine for first offenses. Bluetooth and hands-free technologies may be used by drivers aged 19 and older. Being involved in a collision while using handheld electronics in violation of the law results in more serious penalties.

Some exceptions to the cell phone law allow certain parties to use these devices while operating a vehicle. The law doesn’t apply to law enforcement officers, first responders, drivers reporting an emergency, drivers who are parked on the shoulder, and certain other parties and situations outlined explicitly within the state law.

Rideshare Accidents

The Illinois common carrier law applies to rideshare drivers beginning January 1, 2024. This means Uber, Lyft, and similar companies now owe the highest duty of care to their passengers. The change was prompted by concerns regarding Uber and Lyft car accidents, as well as incidents of sexual assault and abuse perpetrated by rideshare drivers.

Under the amended law, rideshare companies will now have vicarious liability. This means that, in cases where a passenger sues a rideshare driver, the company may also be found liable.

Available Damages

If you’ve been injured in an car collision caused by another driver’s negligence, you’re typically eligible to receive compensation in the form of economic damages and non-economic damages. Economic damages cover financial losses the injured party suffered, such as:

Expenses for medical care and treatment
Lost wages
Reduced earning capacity
Property damage

The injured person can also recover damages for intangible losses, such as:

Pain and suffering
Emotional distress
Loss of consortium

Punitive damages are another type of compensation in car accident cases in which the at-fault driver acted with a heightened level of negligence in their disregard for the safety of others. The law that put a cap on punitive damages in Illinois was later found to be unconstitutional, so there is no longer a maximum amount a jury can award. However, punitive damages are only rarely awarded and reserved for cases in which the other party blatantly disregarded the health and safety of others.

Statute of Limitations

The Illinois statute of limitations in injury cases provides a time limit to file a personal injury lawsuit. It allows two years from the date of the accident to file a lawsuit seeking compensation for your injuries. Some exceptions allow the two-year statute of limitations to be temporarily paused. Your attorney at Salvi, Schostok & Pritchard P.C. will know whether any of them apply to your circumstances.
In most situations, however, your attorney will only have two years to investigate the collision, build your case, and negotiate with the at-fault driver’s insurance company before filing a suit. This is why it’s essential that you consult an attorney as soon as possible following a collision.

Taking Your Next Steps with Salvi Law

Recovering from a car accident injuries can be a stressful process. You may be facing expensive medical bills, time away from work, and concerns about your future. At Salvi, Schostok & Pritchard P.C., we believe pursuing compensation for your injuries shouldn’t add to this burden. We’re happy to provide a free consultation to discuss your legal options — and if you choose to retain our firm, you don’t owe us anything unless and until we recover compensation for you.

Seeking professional legal help following a collision gives you valuable peace of mind in knowing you’re represented by an Chicago auto accident lawyer who knows the law and is ready to fight for justice. When you’re ready to speak with a car accident attorney in Chicago, IL, reach out to Salvi, Schostok & Pritchard P.C. to arrange a consultation.