Who Is At Fault in an Intersection Accident in Chicago?

Who is at fault in an intersection accident is a difficult but crucial question after a motor vehicle collision. Generally, liability will be determined by how the crash occurred and what traffic rules were broken by either party.

Traffic accident victims should always speak to a Chicago intersection accident attorney about their case so they have the best possible chance of receiving compensation. Contact us 24/7 for a free consultation about your legal options. 

A Car Accident In An Intersection

According to the National Highway Traffic Safety Administration, there were approximately 5.93 million motor vehicle accidents in the United States in 2022. 

That same year, Chicago saw 97,388 accidents, but this increased to 101,023 accidents in 2023.

A significant number of crashes occur at intersections. The Federal Highway Administration estimates that about 25% of all fatal accidents and 50% of all accidents resulting in injury happen at intersections. 

Through data mining, the Rochester Institute of Technology found that highway intersections are especially dangerous due to the high speeds.

How Intersection Accidents Happen

Intersection collisions happen for a variety of reasons, but one of the largest causes is failing to yield the right-of-way. 

In Illinois, if two cars approach a stop sign at the same time, the driver on the left must yield to the driver on the right (625 ILCS §5/11-901). However, many drivers may ignore this rule, which can cause an accident.

Another common issue is turning right on a red or left at a signal. Chicago drivers are required to yield to drivers going straight when they are turning left, including bicycles (§9-16-020). Still, they might fail to do so because they are in a hurry or not paying attention.

Other common causes of intersection crashes include:

• Speeding
• Distracted driving
• Impaired driving
• Road rage
• Ignoring traffic laws

Intersection Accident Injuries

Car accident injuries are often quite severe, especially in intersection collisions. These can include:

• Traumatic brain injuries
• Neck and back injuries
• Spinal cord injuries
• Internal bleeding
• Organ damage
• Lacerations
• Broken bones
• Burns

Determining Fault in an Intersection Collision

Determining fault in an intersection crash can be challenging. In some cases, it may be clear who is at fault, and it may not be so clear in other cases. 

Some of Chicago’s confusing intersections, such as the diagonal intersection at Stony Island Avenue and South Chicago Avenue, can make it harder to determine who had the right-of-way. 

A few key factors can help determine who is liable in a crossway collision. The most crucial factor is who has the right of way. For example, a driver making a left turn at a junction is usually at fault because they are expected to yield. They may not be liable if they had a green light and the other driver had a red light. 

Another critical factor is who caused the accident. For example, if one driver ran a red light, they would be at fault. If both drivers ran a red light, they would be liable for the accident. 

For rear-end accidents, the person who rear-ended the front car is generally to blame, but this is not always the case. 

For example, if there was a serious accident on the Stevenson Expressway before police arrived to control traffic, drivers may have stopped suddenly and caused a pileup. 

Chicago police officers or the Illinois State Highway Patrol will analyze the crash scene to determine liability, which will be noted in the accident report. You should always report an accident as soon as possible in order to ensure no details are missed. 

Negligence Resulting In Intersection Collisions

Illinois uses contributory negligence for tort law (735 ILCS §5/2-1116). This means you can sue for damages as long as you were less than 50% responsible, but how much you can receive will be reduced by your percentage of blame. 

Working with an attorney is essential for ensuring you’re not blamed for more than is fair. They will gather evidence to show you were following traffic laws, analyze the accident scene, and interview the other driver to learn more details about how the intersection collision occurred. 

Filing An Intersection Collision Lawsuit

Suing after a car accident can be challenging, as you must prove the other motorist was primarily responsible. A Chicago car accident lawyer will review the case, help you file paperwork, and negotiate with insurance companies to obtain a fair settlement based on the circumstances and the contributory negligence involved. 

We work on a contingency fee basis, so you don’t have to pay us unless we win your case.

Average Settlement In Intersection Accidents

As every intersection collision is a little different, there is no set amount for a settlement. A reasonable settlement will depend on factors like how much property damage was involved, what medical expenses you may have had, and your percentage of contributory negligence. For example, if both parties went through stop signs and then collided, it’s possible that neither would get a large settlement.

The amount of insurance coverage available will also matter. If the other driver does not have insurance, then you will have to use your own uninsured motorist policy, which may not pay out as much. 

The Illinois Supreme Court ruled in Galarza v. Direct Auto Insurance Co. that bicyclists and pedestrians can be covered by an uninsured motorist policy, allowing victims to recover damages from insurance companies. 

Only a skilled intersection accident attorney can evaluate your case and determine how much you can receive. Don’t enter into negotiations with insurance adjusters before speaking to a lawyer. 

Legal Options For The Family Members Following The Death Of A Loved One In An Intersection Collision

Our law firm can help grieving families pursue a wrongful death lawsuit for fatal intersection crashes. These lawsuits focus on financial recovery for expenses both before and after death, such as medical bills, burial expenses, and loss of financial support. 

Like non-fatal accidents, these lawsuits have a two-year statute of limitations in most cases (740 ILCS §180/2). You should contact an attorney as soon as possible to ensure that you can file within this timeline. 

Consult a Car Crash Attorney Near You!

Intersection collisions can be complex. Were you injured in an accident at a crossway? It’s essential to speak with a lawyer.

The Chicago intersection collision attorneys at Rosenfeld Injury Lawyers LLC have years of experience resolving crossway collision claims and are here to help you get the maximum compensation you deserve.

Contact our law offices today or call us toll-free at (888) 424-5757 for a free consultation.

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.