What to Do After a Fender-Bender in Chicago
Even a low-speed “fender-bender” collision can lead to injuries, insurance disputes, and unexpected financial hardship. Moreover, the aftermath of a fender-bender can be more complicated than it appears at first glance. Consequently, knowing what steps to take after a fender bender in Chicago can make a meaningful difference in your physical, emotional, and financial recovery process. If you were injured in a fender-bender accident in Chicago, consulting with a knowledgeable attorney can provide clarity and direction. The experienced car accident attorneys at Paul Padda Law can guide you through the claims process and address any challenges that arise following a Chicago fender-bender. Contact the team at Paul Padda Law at (312) 702-7000 to schedule your free consultation.
Steps to Take Immediately Following a Chicago Fender Bender
The steps you take in the moments and days following a fender-bender collision can significantly affect your physical and mental recovery as well as your legal right to pursue financial compensation for your injuries. Taking the following steps can help reduce confusion and protect your interests:
- Prevent Further Injuries: Move vehicles out of traffic when it is safe to do so and take reasonable measures to avoid additional collisions or injuries. Positioning cars along the curb or shoulder can help stabilize the situation.
- Contact Emergency Services: Notify 911 so law enforcement and emergency personnel can respond. Even fender benders that often initially appear to be minor collisions may require police involvement under state or local law, and an official report can serve as important documentation later if litigation becomes necessary.
- Compile Documentary Evidence: Photograph all vehicles and the surrounding area, including traffic signs, signals, and roadway conditions. If injuries prevent you from gathering this information immediately, return to the location as soon as you are able to do so.
- Obtain Contact Information: Gather names and contact information for all drivers, passengers, and witnesses that observed the crash. Exchange insurance information with the driver of the other vehicle involved in the crash.
- Submit to a Medical Examination: If you do not receive medical treatment at the scene of the crash, schedule a medical examination by your physician as soon as possible or take yourself to the nearest emergency room. Some serious conditions, including head injuries, may not present immediate symptoms. Medical records also help establish a clear connection between the accident and the resulting injuries, which may be necessary to prove down the road.
Am I Required to Report a Fender Bender in Chicago?
When a car accident does not immediately appear to have caused serious injuries or extensive damage to vehicles, it may seem unnecessary to contact law enforcement. Under Illinois law, you are not required to call the police from the scene; however, you must file a Illinois Motorist Report within 10 days of the crash if the collision caused death, injuries, or property damage valued at $1,500 or more. Even if you are not legally required to contact the police following a fender-bender, it is often wise to do so anyway to document the accident.
Illinois Car Accident Laws: Understanding Fault in Illinois
Each individual state decides how to handle the issue of fault in a motor vehicle accident. Some states elect to mandate no-fault insurance that covers the cost of repairing your vehicle as well as minor medical expenses without regard to who was at fault in the collision. Other states, including the State of Illinois, use a traditional fault-based system. Under a fault-based system, an injured party must prove that another party’s negligence contributed to the accident to recover compensation for injuries. In legal terms, “negligence” requires an injured victim to prove:
- That the Defendant owed a duty of care to the victim.
- That the Defendant breached the duty of care.
- That the breach of care caused injuries.
- That the victim suffered injuries.
A duty of care has long been imposed by courts on every motorist who operates a vehicle on a public roadway. In most car accident cases, the focus is on proving that the Defendant breached the duty of care. Common examples of conduct that breaches the duty of care in a car accident include impaired driving, distracted driving, and speeding.
Illinois employs a comparative negligence doctrine which means that you could share in the fault and still be entitled to recover compensation for your injuries as long as you were not more than 50 percent at fault. If you were partially at fault, however, your compensation will be reduced proportionately. For example, if you have $100,000 in damages, and you were 20 percent at fault, your compensation would be reduced by 20 percent, leaving you with $80,000.
Documenting the Scene in Chicago Traffic Conditions
Documenting the scene after a fender-bender collision in Chicago traffic conditions requires prompt attention to detail and careful awareness of the surrounding environment. Photographs and/or videos should be taken as soon as it is safe to do so, capturing vehicle positions, visible damage, skid marks, lane markings, traffic signs and signals, and congestion patterns that may have contributed to the incident. Chicago is a city with significant surveillance cameras and traffic monitoring systems which may be helpful when litigating your claim. As such, it is important to note intersections, street names, and approximate times so footage can be requested before it is overwritten. When Uber or Lyft vehicles are involved, identifying the driver’s rideshare status at the time of the collision is essential because it affects available insurance coverage. The presence of CTA buses adds additional reporting requirements and potential transit authority records that may support a claim.
Minor Damage Does Not Mean Minor Injuries
A fender bender collision typically causes minor physical damage to the vehicles involved in the crash. When the physical damage to vehicles was minor, it can lead to a false sense of security that the occupants of the vehicles only suffered minor injuries. The human body, however, absorbs force very differently than a vehicle’s bumper or fender, meaning that even low-speed collisions can generate enough impact to cause significant physical injuries to someone inside the vehicle, particularly to the neck, back, and head.
Moreover, soft tissue injuries, disc damage, concussions, and even traumatic brain injuries frequently occur without producing immediate or obvious symptoms. Adrenaline and shock can further mask warning signs in the immediate aftermath of a crash. These injuries, however, can be serious, even life-threatening, without proper medical diagnosis and treatment. This is one of the many reasons why seeking a prompt medical evaluation after any accident is essential, regardless of how minor the collision appears.
How to Handle an Insurance Claim in Illinois
After a fender-bender collision in Illinois, notifying your own insurance provider is a necessary step. Use caution, however, when interacting with the other driver’s insurance company. In many cases, an insurance adjuster representing the at-fault party will reach out shortly after the crash asking for a statement from you. Although the request may seem routine or harmless, you should avoid giving any recorded or detailed statement before speaking with an attorney. Keep in mind that adjusters are trained to minimize payouts and may frame the conversation in a way that encourages cooperation, suggesting that the issue of fault is obvious or that they merely need information to complete their records. Statements made under these circumstances can be misunderstood, taken out of context, or later used to dispute responsibility or downplay the extent of your injuries. Consulting an experienced car accident attorney before communicating with the other driver’s insurance company helps ensure that your rights are preserved and that your interests are properly protected throughout the claims process.
Do I Need a Chicago Car Accident Lawyer?
Knowing when to involve a lawyer after a car accident is not always straightforward, particularly if this is your first experience in an accident. While it may be possible to handle a minor fender bender that did not cause any injuries without the help of an attorney, many collisions warrant the assistance of an experienced attorney. Consulting an experienced Illinois car accident attorney can help ensure that your legal rights are preserved and that you are not placed at a disadvantage during the claims process.
In addition, certain warning signs strongly suggest that speaking with an attorney is in your best interest, including when responsibility for the crash is questioned, when the insurance company undervalues your claim, and when your injuries are significant and/or appear to get worse over time.
How Paul Padda Law Can Help with Your Chicago Fender Bender Accident
Despite initial appearances, a fender bender in Illinois can have consequences that extend far beyond minor vehicle damage, such as significant bodily harm, disputed responsibility, and months of ongoing medical care. When injuries are involved, the legal and financial challenges that follow are often far more complicated than most people anticipate. If you were hurt in a fender-bender, working with an experienced car accident attorney can play a critical role in protecting your interests and ensuring that you receive the compensation to which you are entitled for the physical, emotional, and financial injuries you have experienced.
Paul Padda Law offers compassionate and skilled support to individuals injured in fender bender accidents throughout Illinois. We are dedicated to negotiating a full and fair settlement for you if possible and zealously litigating on your behalf when an out-of-court settlement is not possible.
To learn more about your legal options, contact an experienced car accident attorney at Paul Padda Law at (312) 702-7000 to schedule a free consultation.