Practice Areas

Accident Rights

Even EXCELLENT drivers may be involved in automobile accidents. Therefore, it is important to know what steps to take immediately following an accident to protect the health and legal rights of yourself and loved ones.

CALL THE POLICE

Policemen have the training and experience to handle any situation that may result from or arise after an accident. The police will call for an ambulance and investigate the accident. The police report of the accident investigation may be helpful to you later in the event of legal action.

INFORMATION REQUIRED UNDER THE LAW

The Illinois Motor Vehicle Code requires the driver of any vehicle involved in an accident to give his name, address and the license number of the vehicle he is driving to the other party. If it is requested, the driver must exhibit his driver's license. Leaving the scene of an accident without furnishing such information may subject you to criminal prosecution.

It is best to give no more information than the law requires. Do not state your opinion on the cause of the accident, and do not admit fault. Even if you think you may share the blame, you may discover later that the other driver was entirely at fault. There will be a time for explanations later. No one has the right to require you to give an opinion as to the cause of the accident.

Further, never discuss the cause of the accident or your injuries, or give a recorded statement to the other party’s insurance company. These people are not paid to help you; their purpose is to get information adverse to your position.

OBTAIN INFORMATION

Under the law you are entitled to the names and addresses of the persons actually involved. Also, you should get the names and addresses of all persons who witnessed the accident. Witnesses may be important later if legal action becomes necessary. A witness may be able to confirm your side of what happened or provide additional information that indicates the other party’s fault.

SEEK MEDICAL CARE

If you have any concern about your own condition or that of the passengers in your vehicle, go to the emergency room or see your doctor immediately for an examination and ask your passengers to do likewise. This is important for your health and early documentation of your injuries.

FILE ACCIDENT REPORTS

Notify your automobile insurance company immediately and cooperate with your insurance representatives in their investigation. Your insurance company has the right to get a statement of facts from you. Most auto policies will pay your medical bills up to your medical pay limits, regardless of fault.

In addition, Illinois law requires you to file a written report of any accident in which you were involved which resulted either in the death or injury to any person and in most accidents where property damage occurred. Failure to file a report may cause you to lose your license. A report form may be obtained at any police station or sheriff's office. The place where the report should be filed appears on the form. The filing of the report should be within ten days after the accident.

ARRESTS

An arrest, either of you or the other party, does not necessarily indicate liability for the accident. However, a statement of guilt or a plea of guilty to a traffic ticket, may be used as an admission, so it is important that you obtain legal advice if you are arrested. Receiving a ticket is an arrest.

DAMAGES

If you lose work, sustain injuries or have other losses, you may be entitled to money damages from the other party to the accident.

Awarding monetary damages is the law's method of putting the wrongfully injured party, as closely as possible, into a position equal to that position before he was injured. If you are in the right you may be entitled to recover money for the following:

• Nature, extent and duration of injuries.
• Pain and suffering from injuries.
• Disability, both temporary and permanent.
• Reasonable expenses resulting from injury, including medical and hospital expenses.
• Loss of income.
• Value of damage to property.