Vehicle Accidents

Do You Know How To Secure Just Compensation For Vehicle Accident Injuries?

The fallout from a motor vehicle touches every part of your life. If you’re injured, you stand to suffer endless and mounting medical expenses, lost wages and the inability to care for your family. For many victims, a serious accident can result in permanent injury and lifelong impacts.

If you were injured in a car accident and the other driver was at fault, you probably have many questions. How do you proceed legally? What compensation are you entitled to? Is this a matter between you and the insurance company, or do you need an attorney? Does it matter who was at fault?

Talk To An Award-Winning Car Accident Lawyer In Crystal Lake And Warrenville, IL

At Balke & Williams, we are committed to preserving the rights of and maximizing recovery for victims and families impacted by vehicle accident injuries. We’ve represented clients who experienced accidents involving vehicle rollovers, high speeds, fender benders, bicycles, pedestrians, motorcycles, uninsured or underinsured motorists, serious injuries and wrongful death.

We know where to look to find the cause of a crash and how to prove the extent of your injuries. If we’re retained, we will carefully review your case and collect all necessary evidence, including police reports, medical reports, witness statements, expert testimony, traffic camera footage, photos, black box records and truck driver logbooks.

Does It Matter Who Was At Fault In An Illinois Vehicle Accident?

Who’s at fault does matter for vehicle accidents in Illinois. Illinois is an “at-fault” state, meaning the insurance company of the driver determined to be at fault is responsible for paying damages that resulted from the accident. This law is in contrast to no-fault states where, regardless of fault, a claimant would submit their claim to their own insurance company.

Fault in Illinois is determined first by the insurance companies of both parties. Insurance adjusters will review the evidence, determine who was at fault, and then make an offer for settlement to the claimant. If that determination or offer is rejected, then the Court makes the determination in a personal injury action.

For both insurance companies and the Court, fault is determined based on the evidence presented. It considers that every driver has a duty of care to operate their vehicle safely to ensure the safety of others.

An at-fault driver is one whose actions:

• Violated the duty of care through reckless or irresponsible behavior and
• That reckless or irresponsible behavior was determined to be the direct cause of the accident

Sometimes, more than one driver is deemed responsible or to have contributed to the accident’s cause. In these instances, Illinois’ Modified Comparative Negligence Law applies.

Simply put, a driver determined to be more than 50% responsible for an accident cannot recover damages. If a driver is less than 50% responsible, they are entitled to damages, but their recovery amount will be reduced by the percentage of fault they were assigned. For example, a party determined to be 30% at fault would have their damage recovery reduced by that percentage.

Balke & Williams Will Ensure You Receive Fair Compensation For Your Injuries

Following your accident, don’t communicate with an insurance company until you consult with a skilled car accident injury attorney first. You may waive essential rights or make admissions that inadvertently limit your recovery. Our McHenry County lawyers will aggressively advocate for your interests to secure the maximum recovery you’re entitled to for your injuries and suffering.

Schedule a free initial consultation by email or call our office at (312) 986-8063. We take cases on a contingency basis and are only paid if we recover on your behalf.

More Information

• How Do Illinois Vehicle Accident Claims Work?