Elgin Car Accident Lawyer

Fighting for the Rights of Car Accident Victims in Elgin

A car accident lawyer in Elgin sees crashes from all over the city – from intersections like Randall Road and Big Timber Road to heavily traveled highways such as Interstate 90 (Jane Addams Memorial Tollway) and Route 31. Whether the crash is caused by reckless driving or poor road conditions, the aftermath can be overwhelming.

If you’ve been injured in a crash, you may be entitled to seek compensation for your losses. At Rosenfeld Injury Lawyers, our Elgin car accident lawyers are dedicated to helping automobile accident victims hold the responsible party accountable.

Verdicts and Settlements from Our Car Accident Injury Cases in Elgin

At Rosenfeld Injury Lawyers, our Elgin car accident lawyers have a history of helping injured clients secure the compensation they deserve. Some of our notable case results include:

• $10,145,000 Settlement – Our legal team obtained a multi-million dollar award for a client injured in a rear-end collision.
• $5,000,000 Settlement – We secured compensation for the family of a passenger who suffered fatal injuries when a co-worker lost control of the vehicle after a work-related event.
• $599,900 Settlement – A 55-year-old teacher sustained fractures to her sternum and ankle after being struck by a distracted driver who was texting.

Our Law Firm is Committed to Serving Elgin Residents Injured in Car Accidents

At Rosenfeld Injury Lawyers, we are dedicated to representing car crash victims in Elgin and the surrounding areas. Our car accident attorneys understand the challenges injured individuals face, and we work tirelessly to help our clients pursue compensation for their losses.

Whether negotiating with an insurance company or taking a case to court, we are prepared to protect your rights.

Important Motor Vehicle Accident Laws and Your Rights in Elgin, IL

If you’ve been injured in an Elgin car accident, understanding Illinois traffic laws can help protect your right to seek compensation.

The state follows a fault-based system, meaning the at-fault driver is responsible for covering the injured party’s medical expenses, property damage, and lost wages. Below are key laws that impact car accident cases in Elgin and throughout Kane County and Cook County.

Illinois Fault-Based Insurance System (625 ILCS 5/7-203)

Illinois requires all drivers to carry liability insurance to cover damages in the event of a car crash. The minimum required coverage includes:

• $25,000 for bodily injury per person;
• $50,000 for bodily injury per accident;
• $20,000 for property damage.

If the at-fault driver does not have insurance, uninsured motorist coverage (UM) may apply.

Comparative Negligence in Car Accidents (735 ILCS 5/2-1116)

Illinois follows a modified comparative negligence rule, meaning you can still recover damages if you are less than 50% at fault for the accident. However, your compensation will be reduced based on your percentage of fault.

For example, if you are found to be 20% at fault, your total award will be reduced by 20%. You cannot recover damages if you are 50% or more responsible.

Accident Reporting Requirements (625 ILCS 5/)

Under Illinois law, drivers must report an accident to law enforcement if it involves:

• Injuries or fatalities;
• Property damage exceeding $1,500 (or $500 if an uninsured driver is involved).

Failure to report can result in fines and possible license suspension. The Elgin Police Department accident report is essential in any personal injury case.

Distracted Driving Laws (625 ILCS 5/12-610.2)

Illinois prohibits the use of handheld electronic devices while driving. Drivers caught texting or using a phone without a hands-free device can face fines, and in cases where distracted driving leads to an accident, it can serve as evidence of negligence in a car accident claim.

Speed Limits and Traffic Control (Elgin Municipal Code)

Elgin enforces strict traffic ordinances to improve safety, including:

• 30 mph speed limits in residential areas unless otherwise posted;
• Reduced speed limits in school zones and construction areas;
• Strict enforcement of stop sign and red-light violations.

Violations of these traffic laws can be used as evidence of negligence in a vehicle accident claim.

Common Causes of Car Accidents in Elgin

Car accidents in Elgin, IL, happen for many reasons, but most are caused by driver negligence.

• Distracted driving, including texting or using a phone, is one of the leading causes of vehicle accidents.
• Speeding and aggressive driving also contribute to severe crashes, often resulting in broken bones and spinal cord injuries.
• Driving under the influence (DUI) impairs judgment and reaction time, increasing the likelihood of serious accidents.
• Failure to yield the right-of-way at intersections or crosswalks frequently leads to T-bone collisions and pedestrian accidents.
• Weather conditions, such as snow, ice, and fog, make driving hazardous, especially when drivers fail to adjust their speed.
• Running red lights and stop signs at busy intersections like Big Timber Road and McLean Boulevard increases the risk of car crashes.

Types of Car Accident Cases Our Elgin Law Firm Handles

At Rosenfeld Injury Lawyers, our Elgin car accident lawyers have extensive experience representing clients injured in a wide range of auto accidents. Every case is unique, and we are prepared to fight for victims suffering from serious injuries, property damage, and emotional distress. Below are some of the car accident cases we handle:

• Rear-End Collisions – Often caused by distracted driving or tailgating, these accidents can result in whiplash, spinal cord injuries, and traumatic brain injuries.
• T-Bone Accidents – Occur at intersections when a driver fails to yield the right-of-way, often leading to severe injuries.
• Head-On Collisions – Some of the most catastrophic accidents, frequently resulting in fatalities and wrongful death claims.
• Multi-Vehicle Crashes – Pileups on highways like Interstate 90 can complicate liability and insurance company negotiations.
• Hit-and-Run Accidents – Victims may need to file a claim with their insurance company under uninsured motorist coverage.
• Drunk Driving Accidents – DUI-related crashes often cause life-altering injuries and require aggressive legal action.
• Truck Accidents – Due to their size, truck accidents often result in broken bones, internal injuries, and extensive medical treatment.
• Motorcycle Accidents – Motorcyclists are particularly vulnerable to severe injuries, even in low-speed collisions.
• Rideshare Accidents such as those involving Uber or Lyft.

What to Do Immediately After a Car Accident in Elgin

If you’ve been involved in an Elgin car accident, taking the proper steps can help protect your health and strengthen your automobile accident claim.

Prioritize Safety: Check for Injuries and Move to a Safe Location

Check yourself and others for serious injuries. If possible, move your vehicle out of traffic to prevent further collisions. If you or anyone else is seriously injured, remain still and wait for emergency responders.

Call 911: Report the Accident and Request Emergency Assistance

Illinois law (625 ILCS 5/) requires drivers to report an accident if it involves injuries, fatalities, or property damage exceeding $1,500. Calling 911 ensures medical personnel and the Elgin Police Department arrive to assist and create an official police report.

Exchange Information with the Other Driver(s)

Obtain the following details from all drivers involved:

• Full name and contact information
• Driver’s license number
• Vehicle make, model, and license plate number
• Insurance company name and policy number

Document the Scene: Take Photos and Videos

If it is safe, take pictures of:

• The accident scene, including the vehicles involved
• Property damage and road conditions
• Any visible car accident injuries

Get Witness Contact Information

If there are any witnesses, ask for their names and phone numbers. Witness statements can help establish fault, especially if the other driver denies responsibility.

Seek Medical Attention, Even if Injuries Seem Minor

Some car accident injuries, like internal injuries or traumatic brain injuries, may not show symptoms right away. Seeking medical care ensures your condition is documented, which is critical for your injury claim.

Do Not Admit Fault

Even if you feel responsible, do not apologize or admit blame. Illinois follows a modified comparative negligence rule (735 ILCS 5/2-1116), meaning admitting fault could reduce your ability to seek compensation. Let an Elgin car accident lawyer handle discussions about liability.

How Our Personal Injury Lawyers Investigate Your Elgin Car Accident Claim

A strong personal injury case requires solid evidence to establish fault and prove the extent of your car accident injuries. At Rosenfeld Injury Lawyers, our Elgin car accident lawyers conduct thorough investigations to build the strongest possible case and help you seek compensation for medical costs, lost income, and pain and suffering.

Obtaining the Elgin Police Department Accident Report

One of the first steps in our investigation is securing the police report from the Elgin Police Department. This report contains crucial details such as:

• Officer observations of the accident scene
• Statements from drivers and witnesses
• Citations issued to the at-fault driver
• A preliminary assessment of fault

Our Elgin personal injury lawyers carefully review this report for inaccuracies or missing details that could impact your injury claim.

Interviewing Witnesses

Witness testimony can provide independent verification of how the automobile accident occurred. Our Elgin car accident attorneys interview witnesses to gather statements about:

• The at-fault driver’s behavior before the car crash;
• Traffic violations, such as running a red light or speeding;
• Road and weather conditions at the time of the accident.

These accounts can strengthen your case, especially if the insurance company tries to dispute liability.

Analyzing Vehicle Damage and the Accident Scene

We conduct a detailed review of vehicle damage and other physical evidence at the scene to determine the following:

• The point of impact and severity of the crash;
• Skid marks, debris patterns, and traffic control devices;
• Road hazards, poor signage, or other contributing factors.

This information helps establish whether the party’s negligence—such as reckless driving or failure to yield—caused the accident.

Working with Accident Reconstruction Experts

For complex Elgin personal injury cases, we collaborate with accident reconstruction specialists who use advanced technology to:

• Recreate the accident using crash data;
• Determine vehicle speeds and braking distances;
• Assess how the car accident caused specific injuries, such as internal injuries or spinal cord injuries.

By gathering strong evidence, an Elgin personal injury attorney can build a compelling case to ensure you recover maximum compensation.

Dealing with Insurance Companies After an Elgin Car Accident

After an Elgin car accident, dealing with insurance companies can be frustrating. Insurers often try to minimize payouts or deny claims, making it difficult for car crash victims to obtain fair compensation. Knowing how to handle these interactions can help protect your rights and ensure you receive the maximum compensation you deserve.

Notify your own insurance company as soon as possible. Most policies require prompt reporting, and failing to do so could impact your car accident claim. When speaking with your insurer, remember basic facts such as the time, location, and vehicles involved. Avoid admitting fault or speculating about the crash, and do not discuss the severity of your car accident injuries until you have had a complete medical evaluation. An Elgin car accident lawyer can handle communication with your insurer to ensure your personal injury claim is properly documented.

If the at-fault driver’s insurance company contacts you, be cautious. Insurance adjusters may request a recorded statement or offer a quick settlement that does not fully cover your medical bills, lost income, or emotional distress. Do not provide a recorded statement without consulting your personal injury attorney, and never accept the first settlement offer. Your attorney can negotiate with the insurance company to ensure you receive a fair settlement.

Some insurers engage in bad faith practices, such as delaying claims, refusing to communicate, or offering low settlements. If this happens, your Elgin car accident lawyer can take legal action to fight for the compensation you deserve.

Potential Compensation in an Elgin Car Accident Case

If you’ve been injured in an Elgin car accident, you may be entitled to pursue compensation for both economic and non-economic damages. These damages help cover financial losses, physical injuries, and the emotional impact of the accident.

Economic Damages

These compensate for financial losses directly related to the accident, including:

• Medical expenses (past and future)
• Lost wages and reduced earning capacity
• Property damage

Non-Economic Damages

These compensate for the physical and emotional impact of the accident, including:

• Disability and disfigurement
• Pain and suffering
• Loss of enjoyment of life

Wrongful Death Damages

Families who have lost a loved one in an Elgin car accident may file a wrongful death claim to recover compensation for:

• Funeral expenses and burial costs
• Loss of financial support from the deceased
• Loss of companionship and emotional support

Why You Need an Elgin Car Accident Lawyer

After an Elgin car accident, dealing with insurance companies, medical bills, and the legal process can be overwhelming. Having an experienced Elgin car accident lawyer on your side can make a significant difference in the outcome of your case. A personal injury attorney ensures your rights are protected, helps you seek compensation, and fights for the maximum compensation you deserve.

One of the key benefits of hiring a car accident attorney is their ability to gather evidence and build a strong case. This includes obtaining the Elgin Police Department accident report, collecting medical records, interviewing witnesses, and working with accident reconstruction experts when necessary. Insurance companies often try to minimize payouts, but an attorney knows how to counter these tactics and negotiate a fair settlement that fully covers your medical bills, lost income, and property damage.

A car accident lawyer also ensures you meet critical deadlines, such as Illinois’ statute of limitations for personal injury cases. If negotiations fail and the insurance company refuses to offer fair compensation, your attorney can take the case to court and advocate for your rights. Most Elgin personal injury lawyers work on a contingency fee basis, meaning you don’t pay unless they win your case.

Frequently Asked Questions (FAQs) About Elgin Car Accidents

What Are Most Lawyer Fees for Car Accidents?

Most Elgin car accident lawyers work on a contingency fee basis, meaning you don’t pay upfront legal fees. Instead, the attorney receives a percentage of your settlement or court award. This fee structure allows car accident victims to pursue justice without worrying about out-of-pocket expenses.

How Much Are Most Car Accident Settlements?

The value of a car accident settlement depends on several factors, including the severity of injuries, medical expenses, lost wages, and property damage. Minor injury cases may settle for a few thousand dollars, while cases involving serious injuries, traumatic brain injuries, or wrongful death claims can reach hundreds of thousands or even millions.

How to Get the Best Settlement From a Car Accident?

Securing the maximum compensation after an Elgin car accident requires careful planning, strong evidence, and skilled negotiation. Here are key steps to improve your chances of receiving a fair settlement:

• Seek Medical Care Immediately – Prompt medical treatment ensures your injuries are properly documented. Delaying care may allow the insurance company to argue that your injuries are not serious.
• Collect Strong Evidence – Obtain a copy of the police report, take photos of the accident scene, and gather medical records, witness statements, and repair estimates.
• Do Not Admit Fault – Illinois follows a modified comparative negligence rule (735 ILCS 5/2-1116), meaning admitting fault could reduce your injury claim or prevent you from recovering damages.
• Avoid Quick Settlement Offers – Insurance adjusters may offer a low settlement soon after the crash. Consult an Elgin car accident lawyer before accepting any offers.
• Hire an Experienced Personal Injury Attorney – A skilled car accident lawyer can negotiate aggressively with the insurance company and, if necessary, take your case to court.
• Calculate Full Damages – Your settlement should cover medical bills (past and future), lost wages, pain and suffering, and property damage. A car accident lawyer ensures all damages are accounted for.

How Long Do Most Car Accident Settlements Take?

The timeline for settling a car accident claim varies depending on its complexity. Some minor claims settle within a few months, while cases involving severe injuries or disputes over liability can take a year or more.

Can You Negotiate a Settlement Offer?

Yes, car accident settlements are negotiable. Insurance companies often start with a low offer, hoping victims will accept less than they deserve. With legal representation, you can counter the offer with evidence of medical bills, lost income, and other damages. If negotiations stall, your personal injury attorney can file a lawsuit and take the case to court if necessary.

What Is the Deadline to File a Car Accident Lawsuit in Elgin, Illinois?

Illinois’s statute of limitations for filing a car accident lawsuit is two years from the accident date (735 ILCS 5/13-202). If you fail to file within this period, you may lose your right to pursue compensation. However, exceptions may apply, such as cases involving minors or claims against government entities, which may have shorter deadlines.

Contact Elgin Car Accident Attorneys to Ensure Fair Compensation

If you’ve been injured in an Elgin car accident, you deserve an experienced legal team that will fight for your rights. At Rosenfeld Injury Lawyers, our Elgin car accident attorneys are dedicated to helping accident victims receive fair compensation.

We work on a contingency fee basis, meaning you don’t pay unless we win.

To schedule a free consultation, call us at (888) 424–5757 or fill out our contact form.

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“Jonathan Rosenfeld was recommended to me by a friend. He took care of the case for me. He was professional. He got my money back in a timely manner. I’m very impressed with his work. I would recommend him highly.”

— Roy Caffie

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Related Practice Areas

• Elgin Personal Injury Lawyer
• Elgin Lyft Accident Lawyer
• Elgin Rideshare Accident Lawyer
• Elgin Uber Accident Lawyer
• Elgin Birth Injury Lawyers

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.