Nuestros abogados
Aurora, IL Car Accident Lawyer
If you were hurt in a car accident near Aurora, Illinois, you already know how quickly everything can change. One moment you’re driving along I-88 or heading through the Route 59 corridor, and the next you’re dealing with a wrecked car, mounting medical bills, and an insurance company that isn’t returning your calls. You deserve real answers and strong legal support. At Briskman Briskman & Greenberg, we help injury victims across the Chicago metro area, including Aurora, fight for the compensation they are owed under Illinois law. Whether your crash happened near the Fox Valley Mall, along Farnsworth Avenue, or somewhere on the busy stretch of Ogden Avenue, we are ready to help you take the right steps forward.
Table of Contents
- Aurora, IL Car Accidents: Why This City Sees So Many Crashes
- Illinois Car Accident Law: What You Need to Know About Fault
- Time Limits for Filing a Car Accident Claim in Illinois
- What Damages Can Aurora Car Accident Victims Recover?
- How Briskman Briskman & Greenberg Can Help Aurora Accident Victims
- FAQs About Aurora, IL Car Accidents
Aurora, IL Car Accidents: Why This City Sees So Many Crashes
Aurora is the second-largest city in Illinois, and its roads carry a heavy load every single day. Aurora sees a high volume of traffic due to its growing population, commercial hubs, and its proximity to Interstate 88. That constant flow of commuters, delivery trucks, and local drivers creates real danger at dozens of intersections and stretches of highway throughout the city.
The numbers are sobering. According to IDOT’s most recent crash data, Aurora sees over 3,500 reported crashes per year, making it one of the most accident-prone cities in Illinois outside of Chicago. Nearly 1,200 car accidents per year in Aurora result in injuries, ranging from minor to severe trauma, and over 200 cases involve serious or incapacitating injuries that significantly affect victims’ lives.
Certain spots in Aurora are especially dangerous. High-risk intersections include Route 59 and Liberty Street, New York Street and Farnsworth Avenue, and Galena Boulevard and Orchard Road. Major roadways, including Route 59, I-88, Farnsworth Avenue, and Eola Road, are hotspots for high-speed collisions, with speeding contributing to over 30% of crashes in these areas. If you were hurt at any of these locations, you are not alone, and you have legal options worth exploring.
Timing also plays a role in crash risk. Early morning and evening commute hours see elevated crash numbers due to heavier traffic volume and driver impatience. Winter weather makes things worse. Winter months see a 20% increase in accidents due to icy roads and reduced visibility, making highways like I-88 and Route 31 particularly hazardous. If a negligent driver caused your crash, you have the right to pursue compensation. Contact a Chicago abogado accidente coche at Briskman Briskman & Greenberg to learn what your case may be worth.
Illinois Car Accident Law: What You Need to Know About Fault
Illinois follows a fault-based system for car accidents. That means the driver who caused the crash is responsible for paying damages. Illinois is not a no-fault state, meaning the at-fault driver is financially responsible for any resulting damages. So if another driver ran a red light and hit you near the Riverside Arts Center or sideswiped you on New York Street, their insurance is the one that should be covering your losses.
Illinois also uses a modified comparative negligence rule. The system in Illinois is known as modified comparative negligence. You may still recover damages if you are 50% or less at fault, but you recover nothing if you are 51% at fault or more. This matters a lot in practice. Say you were rear-ended on I-88 near the Aurora toll plaza, but the insurance company claims you contributed to the crash by braking suddenly. Even if they assign you 20% of the fault, you can still recover 80% of your damages. But if they push that number past 50%, you get nothing.
That is exactly why insurance companies work so hard to shift blame onto injured victims. The modified comparative negligence system may incentivize the insurance company to assign undue fault to an injury victim so they can protect their profits. Do not let that happen to you. Having an attorney on your side levels the playing field. Illinois law also requires all drivers to carry minimum liability insurance under 625 ILCS 5/7-601, which means there is a legal obligation for the at-fault driver to have coverage in place. When that coverage is disputed or insufficient, knowing your rights becomes even more important.
Under 735 ILCS 5/2-1117, all defendants found liable in a negligence action are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. Any defendant whose share of fault is 25% or greater is jointly and severally liable for all other damages as well. This can be very important in multi-vehicle crashes, which are common on busy Aurora roads.
Time Limits for Filing a Car Accident Claim in Illinois
One of the most important things to understand after a car accident is the deadline for taking legal action. In Illinois, that deadline is set by the statute of limitations, and missing it can cost you everything. Under 735 ILCS 5/13-202, personal injury claims must be filed within two years from the date the cause of action accrued. For most car accident cases, that clock starts ticking on the day of the crash itself.
Two years may feel like a long time, but it goes fast. Medical treatment, recovery, and dealing with insurance companies can eat up months before you realize where you stand legally. The statute of limitations establishes the deadline for filing a lawsuit in court, not just filing a claim with the insurance companies. So even if you start dealing with the insurance companies promptly after your car accident, the statute of limitations could still expire if you don’t file a lawsuit within two years.
Property damage claims have a different deadline. Under 735 ILCS 5/13-205, you have five years from the date of the accident to file a claim for damage to your vehicle or other property. If you try to file a lawsuit after the applicable statute of limitations has expired, the court will have no choice but to dismiss your case unless a rare exception applies to extend the deadline.
If someone was killed in the accident, the Illinois Wrongful Death Act (740 ILCS 180) allows surviving family members to bring a claim. The two-year deadline for wrongful death cases generally starts on the date of the victim’s death, which may be later than the date of the accident itself. Do not wait to find out where you stand. Reach out to a Waukegan car accident lawyer or one of our other Chicago-area attorneys at Briskman Briskman & Greenberg to review your situation before any deadlines pass.
What Damages Can Aurora Car Accident Victims Recover?
After a serious crash, your losses can add up fast. Medical bills, lost wages, vehicle repairs, and the pain of recovery all take a toll. Illinois law allows car accident victims to seek compensation for a wide range of damages, both economic and non-economic. Understanding what you may be entitled to is a key part of protecting yourself after a crash.
Economic damages are the measurable financial losses you suffer. These include past and future medical expenses, rehabilitation costs, lost income, reduced earning capacity, and the cost of repairing or replacing your vehicle. If your injuries are severe, like a spinal cord injury or traumatic brain injury, your future care costs alone could be significant. Illinois law under 735 ILCS 5/2-1117 makes sure that all defendants found liable are jointly and severally responsible for your past and future medical and medically related expenses, which is a strong protection for injured victims.
Non-economic damages cover the human side of your suffering. Pain and suffering, emotional distress, loss of enjoyment of life, and the impact on your relationships are all compensable under Illinois law. These damages are harder to put a dollar figure on, but they are just as real. An experienced attorney knows how to present evidence of your full losses to an insurance company or jury.
In cases where someone was killed, the Illinois Wrongful Death Act (740 ILCS 180/1) allows family members to pursue damages, including punitive damages when applicable, against the party whose wrongful act or neglect caused the death. If you lost a loved one in a crash near Aurora’s downtown district or along the Metra BNSF rail corridor, you may have a wrongful death claim worth pursuing. The proceso de demanda por accidente de tráfico can feel overwhelming, but Briskman Briskman & Greenberg is here to walk you through every step.
How Briskman Briskman & Greenberg Can Help Aurora Accident Victims
When you are hurt in a car accident, you need a law firm that takes your case seriously from day one. At Briskman Briskman & Greenberg, we represent injured people throughout the Chicago metro area, including Aurora, Naperville, and surrounding communities in Kane and DuPage Counties. We understand the local roads, the courts, and the insurance tactics that can stand between you and fair compensation.
Our team handles every part of your case. We gather evidence, review police reports from the Aurora Police Department at 1200 East Indian Trail Road, consult with medical experts, and build a strong case on your behalf. We deal with the insurance companies so you can focus on getting better. Whether your crash happened on the busy stretch of Ogden Avenue near the Hollywood Casino Aurora or on a quiet side street near the Phillips Park area, we are ready to investigate what happened and who is responsible.
We also serve clients throughout the broader Chicago region. If you are looking for a Schaumburg car accident lawyer o un Orland Park car accident lawyer, Briskman Briskman & Greenberg has you covered in those communities too. No matter where your accident happened in the greater Chicago area, our Chicago abogado de lesiones personales team is ready to help.
We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. There is no risk in calling us. If you or someone you love was hurt in a car accident near Aurora or anywhere in the Chicago metro area, contact Briskman Briskman & Greenberg today for a free consultation. Let us review your case, answer your questions, and help you understand your options under Illinois law.
FAQs About Aurora, IL Car Accidents
¿De cuánto tiempo dispongo para presentar una demanda por accidente de tráfico en Illinois?
Under 735 ILCS 5/13-202, you generally have two years from the date of the accident to file a personal injury lawsuit in Illinois. For property damage claims, 735 ILCS 5/13-205 gives you five years. Missing these deadlines typically means losing your right to seek compensation entirely. Contact an attorney as soon as possible to protect your claim.
What if I was partly at fault for my Aurora car accident?
Illinois uses a modified comparative negligence system. As long as you are 50% or less at fault, you can still recover damages. However, your compensation is reduced by your percentage of fault. For example, if you are found 20% at fault on a $100,000 claim, you can recover $80,000. If you are found more than 50% at fault, you cannot recover anything under current Illinois law.
What should I do right after a car accident in Aurora?
First, make sure everyone is safe and call 911. Illinois law requires drivers to stop and remain at the scene when there is injury or property damage. Get the other driver’s insurance and contact information. Take photos of the scene, the vehicles, and any visible injuries. Seek medical attention right away, even if you feel fine. Then contact an attorney before giving a recorded statement to any insurance company.
Can I still file a claim if the other driver did not have insurance?
Yes. If the at-fault driver was uninsured or underinsured, you may be able to file a claim under your own uninsured or underinsured motorist coverage. Illinois law under 625 ILCS 5/7-601 requires all vehicles to carry liability insurance, but not every driver follows that rule. An attorney can help you identify all available sources of compensation, including your own policy, so you are not left without options.
How is fault determined in an Aurora car accident case?
Fault is determined based on evidence from the crash. This includes the police report, photos and video from the scene, witness statements, traffic camera footage, and sometimes testimony from accident reconstruction experts. Insurance companies conduct their own investigations, but those investigations are designed to protect their bottom line. Having an attorney gather and present evidence on your behalf helps make sure the full picture is considered when fault is assigned.
More Resources About Vehicle Injuries
- Dangerous Roads & Intersections in Aurora, IL
- Aurora, IL Bicycle Accident Lawyer
- Aurora, IL Distracted Driving Accident Lawyer
- Aurora, IL Drunk Driving Accident Lawyer
- Aurora, IL Fatal Car Accident Lawyer
- Aurora, IL Motorcycle Accident Lawyer
- Aurora, IL Pedestrian Accident Lawyer
- Aurora, IL Truck Accident Attorney
- Aurora, IL Uber Accident Lawyer
- Aurora, IL Lyft Accident Lawyer
- Aurora, IL Uninsured Motorist Accident Lawyer
VISTO EN: