Attorney Aggressively Pursuing Compensation on Behalf of Clients Injured in Motor Vehicle Collisions
Motor vehicle collisions are one of the leading causes of preventable injuries and death in Will County and throughout Illinois. Drivers have a great responsibility to act as safely as possible, but for a variety of reasons, many people push these responsibilities off to the side when they get behind the wheel. The result is that innocent drivers and passengers end up suffering serious injuries at the hands of negligent parties.
At Fotopoulos Law Office, our Will County car accident lawyer helps accident victims recover compensation for injuries caused by negligent drivers. Whether you were hurt in a drunk driving accident, a distracted driving accident, or as a result of a motorist who did not follow the traffic laws, we can help you receive money damages to cover all of your accident-related expenses.
Will County Car Accidents
Will County reports a disproportionately high number of car and truck accidents. As the fourth-largest county in Illinois, Will County has a population of nearly 700,000. According to the Illinois Department of Transportation, there are an average of more than 12,000 Will County motor vehicle accidents each year, causing more than 2,500 injuries and 50 deaths. When looking at all Illinois counties, Will County consistently experiences the third-highest number of total car accidents and the second-highest number of fatal accidents. But why?
One of the reasons why Will County has so many accidents is that many commuters live in Will County and travel to Chicago each day. This amounts to a lot of time on the road for these drivers, much of which is spent in rush hour traffic. Some of the highways where accidents are most likely to occur include:
- Interstate 80
- Interstate 55
- Interstate 57
- Interstate 355
- U.S. 52 (Jefferson St.)
- U.S. 53 (Chicago St.)
- U.S. 30
- U.S. 6
Based on the most recent reports from the Illinois Department of Transportation, the leading causes of car accidents in the state include:
- Distracted driving
- Drunk driving
- Speeding and other types of aggressive driving
- Fatigued driving
- Failure to follow posted traffic signs and traffic laws
Regardless of where an accident occurred or why the other driver hit you, an experienced Will County personal injury lawyer can help you identify your options and effectively pursue a claim against the responsible party.
How Do You Get a Will County Accident Report?
Obtaining an accident report after a car accident can give you insight into what caused the collision. To request a Will County accident report, you should contact the sheriff’s department of the city where the accident took place. For example, you can order a copy of a Joliet accident report online. However, for smaller cities in Will County, you will likely need to contact the local sheriff’s department directly.
Keep in mind that an officer’s findings about who was at fault or what contributed to the accident are not definitive and may be called into question. Thus, if an accident report indicates that you shared responsibility for an accident or does not clearly identify that the other driver was at fault, this should not discourage you from speaking with a Will County car accident lawyer.
FAQ: Car Accident Claims in Will County, Illinois
This guide provides essential information for individuals navigating the legal system and insurance landscape after a motor vehicle collision in Will County, IL.
- What should I do immediately after an accident in Will County?
First, ensure everyone is safe and call 911 for medical help. In Will County, you should contact the local police or the Will County Sheriff to file a formal report. Exchange insurance information and contact details with the other driver, but avoid discussing who was at fault for the crash at the scene.
- How long do I have to file a personal injury lawsuit?
Under Illinois law (735 ILCS 5/13-202), you generally have two years from the date of the accident to file a personal injury lawsuit. Failing to meet this strict deadline will likely result in the court dismissing your case, permanently barring you from recovering compensation for your medical bills, lost wages, and pain.
- Is the deadline different for property damage claims?
Yes. While personal injuries have a two-year limit, claims for vehicle repair or replacement costs have a five-year statute of limitations in Illinois. However, it is highly recommended to handle both claims simultaneously, as the evidence used to prove liability for property damage is often the same evidence needed for your injury case.
- What if I was partially at fault for the accident?
Illinois follows “modified comparative negligence.” You can still recover damages as long as you are 50% or less at fault. However, your total compensation will be reduced by your percentage of blame. For example, if you are 20% at fault and your damages are $10,000, you will receive $8,000.
- Where is the courthouse located in Will County?
Most car accident lawsuits in Will County are heard at the Will County Courthouse, located at 14 West Jefferson Street, Joliet, IL 60432. The 12th Judicial Circuit Court handles civil litigation. It is important to know your specific courtroom and judge if your claim progresses to a formal lawsuit or trial.
- Do I need to report the accident to the state?
Yes, if the accident caused injury, death, or property damage exceeding $1,500 (or $500 if a driver is uninsured), you must file an Illinois Traffic Accident Report (SR-1) with the Department of Transportation. This must be completed within 10 days of the incident to avoid potential suspension of your driver’s license.
- What types of compensation can I recover?
Victims can seek “economic damages,” which cover tangible losses like medical expenses and lost income. You can also seek “non-economic damages” for intangible losses such as physical pain, emotional distress, and loss of normal life. In rare cases involving extreme recklessness, punitive damages might be available to punish the at-fault party.
- What if the other driver doesn’t have insurance?
If the at-fault driver is uninsured or underinsured, you can file a claim under your own policy’s Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. In Illinois, UM coverage is mandatory. This allows your own insurance company to step into the shoes of the at-fault driver to provide the necessary compensation.
- Should I give a recorded statement to the other driver’s insurance?
No. You are not legally required to provide a recorded statement to the other driver’s insurance adjuster. These statements are often used to find inconsistencies that could devalue your claim. It is best to consult with an attorney before providing any formal statements that could be used against you during the settlement process.
- How is fault determined in a Will County car accident?
Fault is determined by proving negligence—that the other driver failed to exercise “ordinary care.” Evidence used includes police reports, witness testimonies, traffic camera footage, and photos of the scene. In Will County, the jury or insurance adjuster will evaluate if traffic laws were broken, such as speeding or failing to yield.
- Can I still file a claim if there was no police report?
While a police report is powerful evidence, it is not a legal requirement for filing an insurance claim or a lawsuit. You can still prove your case using medical records, photos of the damage, and witness statements. However, the lack of a report may lead the insurance company to question the accident’s severity.
- What are the limits for “Small Claims” in Will County?
If your damages are $10,000 or less, you may file in the Small Claims division of the Will County Circuit Court. This process is generally faster and less formal than “law” division cases. It is often used for minor property damage disputes where an attorney might not be financially practical for the claimant.
- What happens during the “Discovery” phase of a lawsuit?
Discovery is the formal process of exchanging information between parties. This includes “interrogatories” (written questions), requests for documents (medical records, insurance policies), and depositions (oral testimony under oath). This phase helps both sides evaluate the strength of the case and often leads to a settlement before the trial begins.
- How long does a car accident case typically take?
Simple insurance settlements may take a few months. However, if a lawsuit is filed in Will County, the process can take one to two years or longer, depending on the court’s schedule and the complexity of the injuries. Cases involving long-term medical treatment usually take longer to ensure all future costs are accurately calculated.
- Are there special rules for accidents involving government vehicles?
Yes. If your accident involved a Will County vehicle or a municipal vehicle (like a Joliet city bus), you may have a shorter deadline. Under the Tort Immunity Act, you often must provide notice or file a lawsuit within one year. Claims against government entities involve strict procedural hurdles that differ from private claims.
Speak With an Experienced Will County Car Accident Attorney About Your Case Today
Following a car accident, it can be overwhelming to think about what steps to take next. Perhaps you have not yet been able to return to work, and the medical bills are piling up. With everything you are going through, you may not necessarily be prepared for the stress involved in filing a lawsuit. Fortunately, Fotopoulos Law Office can help. Our Will County personal injury lawyer uses the experienced he has obtained over two decades of practice to help accident victims recover the compensation they need, deserve, and are entitled to. We understand what you and your family have been through in the wake of the accident, and we want to make the recovery process as easy on you as possible while maintaining a focus on recovering the maximum amount of compensation possible. To learn more, give us a call at 708-942-8400 or connect with us through our secure online contact form.
