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Schaumburg, IL Car Accident Lawyer
Dedicated Cook County Personal Injury Lawyers Securing Maximum Compensation on Behalf of Accident Victims
A car accident will change your life in a split second. One minute, your day is like any other, and then, suddenly, your entire world is turned upside down. Aside from your physical injuries, you may be concerned about whether you’ll be able to work, drive your children to school, or even keep up with the daily tasks of everyday life. While suffering through a Schaumburg car accident is an incredibly challenging experience, it may help to know that you are not alone—and that you have options.
At Briskman Briskman & Greenberg, our Schaumburg car accident lawyers have earned a reputation as aggressive advocates who pursue maximum compensation for our clients. Whether you were hurt as a driver, passenger, pedestrian, or cyclist, our lawyers are here to help you understand your rights and effectively pursue a claim against the at-fault party.
Schaumburg Car Accident Statistics
According to the Illinois Department of Transportation, in 2021, there were 295,604 motor vehicle accidents in all of Illinois. Approximately 20 percent (60,991 injuries) of these collisions resulted in at least one injury. Roughly one in ten accident victims suffered severe injuries, which consisted of injuries that prevented them from walking, working, or performing the necessary activities of daily life. Additionally, someone was killed in roughly one percent of all motor vehicle accidents, resulting in 1,217 fatalities.[1]
While the Village of Schaumburg does not keep its own accident statistics, the Illinois Department of Transportation maintains data on all accidents on a county-wide basis. For example, in 2021, there were 156,289 car accidents in Cook County. Of those, 423 were fatal crashes, and over 32,000 resulted in at least one injury. About one in nine accident victims involved in a Cook County accident suffered severe injuries preventing them from walking, working, or performing the necessary activities of daily life.[2]
Causes of Schaumburg Car Accidents
Car accidents occur for a variety of reasons, and no two accidents are the same. However, one common theme in almost all accidents is that they involve a driver’s negligence. Accidents don’t just happen; they are generally the result of a driver engaging in dangerous driving behavior. Some of the most common causes of Schaumburg car accidents include the following:
Distracted Driving
Distracted driving is the leading cause of car accidents not only in Illinois but across the United States. It involves engaging in activities that take the driver’s attention away from the road. This can include texting and driving, which is well-known to be very dangerous, but also includes other less obvious activities such as using a navigation system, eating, applying makeup, or talking with passengers.
Distractions are categorized into three main types: visual (taking eyes off the road), manual (taking hands off the wheel), and cognitive (mind off driving). The Centers for Disease Control and Prevention emphasizes that any activity diverting attention from driving is a potential distraction
Drunk Driving
Alcohol affects a driver’s judgment, reasoning, and ability to make quick decisions and control the vehicle effectively
Drowsy Driving
Similar to the effects of alcohol, a lack of sleep significantly impairs a driver’s performance. Truck drivers, who often drive long hours to meet delivery schedules, are particularly at risk. Missing several hours of sleep can impair driving abilities to a degree comparable to being drunk. Drowsy driving accidents are often catastrophic, especially when involving large vehicles like trucks, due to their size and weight
Following Too Closely (Tailgating)
Tailgating involves a vehicle following another vehicle more closely than is considered safe, given the speed and traffic conditions. Illinois law specifically addresses tailgating as an offense. Tailgating increases the risk of rear-end collisions, as the following driver may not have sufficient time to react and stop if the leading vehicle suddenly brakes
Speeding
Exceeding the posted speed limit or driving too fast for conditions is a major cause of accidents. Speeding reduces a driver’s reaction time to unexpected obstacles or conditions on the road. It also increases the severity of accidents, as the force of impact is greater at higher speeds. Despite widespread awareness of the dangers, many drivers continue to speed, often underestimating the risks involved
Unsafe Lane Changes
Safe lane changes require ensuring there is adequate space to move into another lane and using turn signals to communicate intentions to other drivers. Failing to do so can lead to collisions, as other vehicles may not have enough warning to adjust their speed or position safely. Unsafe lane changes are often a result of aggressive or inattentive driving
Failure to Yield
Failure-to-yield accidents occur when drivers fail to give the right-of-way to others where it is expected, leading to collisions at intersections, merge lanes, or pedestrian crossings. The rules of yielding are designed to facilitate the orderly flow of traffic and prevent accidents by establishing clear right-of-way in various driving scenarios
Aggressive Driving
Aggressive driving includes a range of behaviors that endanger other people, including fellow motorists, pedestrians, bicyclists, and motorcyclists. This can include speeding, unsafe lane changes, failing to yield the right-of-way and tailgating. More severe forms of aggressive driving may escalate to road rage, which includes deliberate actions to intimidate or harm another road user. Aggressive driving compromises the safety of all road users by increasing the likelihood of accidents
Regardless of the nature of the accident that resulted in your injuries, the dedicated Schaumburg lawyers at Briskman Briskman & Greenberg can help you better understand your rights and pursue a claim against the party responsible for your injuries.
What Damages Are Available Through a Schaumburg Personal Injury Lawsuit?
In a Schaumburg personal injury lawsuit, you may be eligible for various types of damages. These damages aim to restore your financial, physical, and emotional well-being as much as possible. Here’s what you might expect if you are successful in bringing a Schaumburg car accident lawsuit:
Medical Expenses
You can claim compensation for all the medical costs you’ve incurred because of your injury. This includes everything from emergency services, hospital stays, surgeries, medications, and ongoing treatments you need to recover
Lost Wages
If your injury has kept you from working, you can recover the income you’ve lost during this period. Additionally, if you can’t return to work in the same capacity, you might be compensated for the loss of future earning potential
Pain and Suffering
This category covers compensation for the physical pain and emotional distress you’ve experienced. It includes both the discomfort you’ve already endured and any ongoing suffering you might face
Property Damage
If personal property, like your car, was damaged as a result of the incident, you can seek costs for repairs or replacement
Loss of Normal Life
If your injuries prevent you from enjoying hobbies and other activities you used to love, you might receive compensation for this diminished quality of life
Disfigurement or Permanent Disability
Compensation may be available for any scars, disfigurement, or permanent disabilities that affect your life and opportunities moving forward
Future Medical Expenses
Should your injuries require continued medical care, you can claim damages to cover these anticipated costs
Loss of Consortium
Your spouse or close family members may be entitled to compensation for the loss of your companionship, affection, and support due to the injuries you’ve suffered
Remember, the specific damages you are entitled to will depend on the specifics of your case, including the severity of your injuries and how they impact your life. Consulting with a Schaumburg car accident attorney at Briskman Briskman & Greenberg can provide you with a clearer picture of the damages you can pursue.
Frequently Asked Questions:
How Long Do You Have to File a Schaumburg Personal Injury Case After a Car Accident?
In Illinois, including Schaumburg, you generally have a two-year window from the date of the car accident to file a personal injury lawsuit. This timeframe, known as the statute of limitations, is crucial to adhere to if you want to pursue legal action for damages suffered due to the accident. If you miss this deadline, you are likely to lose your right to sue for compensation.
There can be exceptions to these general rules that might shorten or extend the filing deadline, so it’s important to consult with a Schaumburg personal injury attorney as soon as possible after your accident. An attorney with Briskman Briskman & Greenberg can provide you with specific guidance and help ensure that all deadlines are met, protecting your right to compensation for what you’ve been through.
Can I Still Recover for My Injuries if I Was Partially at Fault?
Yes, you can still recover for your injuries even if you were partially at fault in the accident. Illinois follows a “modified comparative negligence” system. This means that as long as you are found to be less than 50% responsible for the accident, you can still receive compensation. However, the amount of compensation you are eligible to receive will be reduced by your percentage of fault.
For example, if the court finds that you were 30% at fault for the accident and your total damages were $100,000, you would be able to recover 70% of the damages, or $70,000. It’s important to note that if you are found to be 50% or more at fault, you will not be able to recover any compensation under Illinois law
Navigating the details of comparative negligence can be complex, and the determination of fault can significantly impact the compensation you’re eligible to receive. Consulting with an experienced Schaumburg personal injury attorney can help you understand how your actions may affect your case and what compensation you may be entitled to.
Will My Case Be Affected if I Wasn’t Wearing a Seatbelt?
In Illinois, not wearing a seatbelt at the time of a car accident can affect your case, specifically how damages are awarded. Under Illinois law, the fact that an accident victim was not wearing a seatbelt at the time of an accident can be considered as evidence of comparative negligence. This means that if you were injured in a car accident and weren’t wearing a seatbelt, the defense could argue that your injuries were more severe or partially caused by your failure to wear a seatbelt. Consequently, this could potentially reduce the amount of compensation you’re eligible to receive.
However, it’s important to note that not wearing a seatbelt does not automatically disqualify you from seeking and recovering damages. The impact of not wearing a seatbelt on your case will depend on the extent to which your failure to wear a seatbelt contributed to your injuries. The principle of modified comparative negligence applies here as well: as long as you are found to be less than 50% at fault for your injuries, you can still recover damages, though the amount may be reduced
Given the complexities involved in how not wearing a seatbelt might affect your personal injury case, consulting with a personal injury attorney at Briskman Briskman & Greenberg can provide you with tailored advice and help you navigate the specifics of your situation. Our attorneys can argue on your behalf to minimize any impact seatbelt non-use might otherwise have had on your compensation award.
Speak with an Experienced Schaumburg, IL Car Accident Attorney Today
If you or a loved one was recently injured in a car accident, the dedicated Schaumburg car accident attorneys at Briskman Briskman & Greenberg can help. Our lawyers have been helping accident victims and their loved ones recover meaningful compensation for what they’ve been through since 1987. Over this time, we’ve recovered millions of dollars in damages on behalf of our clients, including many multi-million-dollar verdicts. We handle all types of personal injury claims in Schaumburg, including slips and falls, motor vehicle accidents, dog bites, and more. To learn more about how the lawyers at Briskman Briskman & Greenberg can help with your case, give us a call at 877-595-4878. You can also connect with us through our secure online contact form. Calling is free, and we will not bill you for our services unless we can connect you with the compensation you deserve.