Peoria Car Accident Lawyer

Fighting for the Rights of Car Accident Victims in Peoria

Car accidents can happen anywhere in Peoria, from busy roads like War Memorial Drive to intersections along University Street. Whether a minor collision or a serious crash, contacting an experienced personal injury attorney is essential to protecting your rights.

At Rosenfeld Injury Lawyers, we provide dedicated legal representation to individuals injured in motor vehicle accidents throughout Central Illinois. Our Peoria car accident attorneys are committed to helping car accident victims hold the at-fault driver accountable and recover compensation for medical bills, property damage, and other losses.

Verdicts and Settlements from Our Car Accidents in Peoria

Our Peoria car accident attorneys have helped many car accident victims obtain the compensation they deserve. We have secured millions for our clients, ensuring they receive the financial support needed to recover after a serious crash.

• $1,600,000 – Secured for a client who sustained a herniated lumbar disc requiring fusion surgery after being rear-ended by a negligent driver.
• $449,000 – Obtained for a woman who suffered serious facial injuries when her head struck the windshield in a high-impact crash.
• $250,000 – Recovered through an uninsured motorist policy for a woman injured in a hit-and-run accident, ensuring she received compensation despite the at-fault driver fleeing the scene.

Our Law Office is Committed to Help Peoria Residents Injured in Car Accidents

At Rosenfeld Injury Lawyers, we advocate for those injured in motor vehicle accidents throughout Peoria and the surrounding communities. With years of successfully handling personal injury cases, our experienced team understands the physical, emotional, and financial toll a car accident can take.

Our Peoria car accident attorneys fight to ensure victims receive the fair compensation they deserve for medical bills, lost income, and other damages. Whether your crash was caused by distracted driving, speeding, or another form of negligence, we will conduct a thorough investigation to hold the at-fault driver accountable.

Your Legal Rights After a Car Accident in Peoria, Illinois

If you’ve been injured in a Peoria car crash, you have the right to seek compensation for your injuries and financial losses. Illinois law protects car accident victims, ensuring they can hold negligent drivers accountable and recover compensation for their losses.

Right to Compensation Even If Partially at Fault

Under Illinois’ modified comparative negligence rule (735 ILCS 5/2-1116), you can recover compensation if you are less than 50% at fault for the accident. However, your settlement is reduced by your percentage of fault.

Right to a Police Report and Investigation

Illinois Vehicle Code (625 ILCS 5/) requires drivers to report accidents involving injury, death, or property damage over $1,500 to the Peoria Police Department or Illinois State Police. The police report is crucial for proving fault in a personal injury lawsuit.

Right to Legal Representation

You have the right to hire a Peoria car accident lawyer to negotiate with the insurance company, gather medical records, and ensure you receive a fair settlement. Insurance companies often try to minimize payouts, but an experienced car accident lawyer can help you seek compensation for your injuries.

Local Laws and Regulations That Affect Your Peoria Car Accident Claim

If you’ve been injured in a Peoria car crash, understanding local laws and regulations is essential to protecting your right to seek compensation.

Negligence and How It Affects Car Accident Cases

Illinois follows a fault-based system, meaning the driver responsible for the accident is liable for damages. To succeed in a personal injury lawsuit, you must show the negligent driver:

• Had a duty of care to drive safely, following traffic laws;
• Breached that duty through reckless actions (e.g., distracted driving, speeding, or failing to yield);
• Caused the accident, resulting in car accident injuries and other damages.

An experienced Peoria personal injury lawyer can gather evidence—such as police reports, witness statements, and medical records—to establish fault in your case.

How Your Negligence May Affect Your Compensation

Illinois follows a modified comparative negligence rule (735 ILCS 5/2-1116), which means you can still recover damages if you are less than 50% at fault for the accident. However, your compensation is reduced by your percentage of fault.

For example, if a court determines you were 20% responsible for a crash and awards $100,000 in damages, you would receive $80,000. You cannot recover compensation if you are 50% or more at fault.

Legal Requirements for Reporting a Car Accident in Peoria

Under Illinois Vehicle Code (625 ILCS 5/), drivers must report a motor vehicle accident to the police if it involves:

• Injuries or fatalities;
• Property damage over $1,500 (or $500 if any driver is uninsured).

Additionally, if an accident meets these conditions, drivers must submit a crash report to the Illinois Department of Transportation (IDOT) within 10 days. Failure to report can result in fines or a suspended license.

Peoria Ordinances That May Affect Your Car Accident Claim

Local Peoria laws can also impact your personal injury claim:

• Distracted Driving Laws – Peoria enforces Illinois’ ban on handheld phone use while driving. Violating this law can help establish fault in a car accident case (625 ILCS 5/12-610.2).
• Speed Limits and Traffic Control – Traffic control laws in Peoria are designed to improve road safety and regulate vehicle movement. Violations of these rules, such as running red lights or failing to yield, can be used as evidence of negligence in a personal injury claim. The City of Peoria enforces traffic control measures through posted speed limits, stop signs, traffic signals, and other road regulations.

Common Causes of Car Accidents in Peoria

Car accidents in Peoria happen for many reasons, but most are caused by driver negligence. Whether on significant roads like War Memorial Drive or at busy intersections like Knoxville Avenue and Glen Avenue, unsafe driving behaviors put lives at risk. Understanding the leading causes of motor vehicle accidents can help victims establish fault and seek compensation.

Distracted Driving

Texting, talking on the phone, adjusting the GPS, or even eating while driving takes a driver’s focus off the road. State law prohibits handheld phone use while driving and violations can help prove negligence in a car accident case.

Speeding and Aggressive Driving

Exceeding the posted speed limit, tailgating, weaving through traffic, and road rage increase the risk of high-impact crashes. Speeding reduces reaction time and often leads to serious injuries, including spinal cord injuries and brain injuries.

Driving Under the Influence (DUI) of Alcohol or Drugs

Drunk driving is a significant cause of Illinois car accidents. Impaired drivers have slower reaction times and reduced coordination, making crashes more likely. If a DUI-related accident occurs, the intoxicated driver may face both criminal charges and civil liability in a personal injury lawsuit.

Failure to Yield the Right-of-Way

Many accidents happen when drivers ignore traffic laws, such as failing to yield while turning left, merging onto a highway, or entering an intersection. These violations often lead to T-bone collisions, which can cause severe injuries.

Weather Conditions in Central Illinois

Rain, snow, ice, and fog create dangerous driving conditions in Peoria, especially during winter. Slippery roads reduce traction, increasing the risk of skidding and losing control. Drivers who fail to adjust their speed for conditions may be held liable for a car accident claim.

Running Red Lights and Stop Signs

Intersections are some of the most dangerous areas for car crashes, particularly when drivers run red lights or fail to stop at stop signs. These collisions often result in bodily injury and property damage, leading to costly medical expenses and vehicle repairs.

What to Do Immediately After Illinois Car Accidents

Taking the proper steps after a car accident can protect your health and strengthen your car accident claim. Follow this guide to ensure your safety and preserve key evidence.

Prioritize Safety: Check for Injuries and Move to a Safe Location (If Possible)

Check yourself and your passengers for bodily injury. If possible, move your vehicle out of traffic to avoid further collisions. However, if the crash caused severe injuries, remain where you are and wait for emergency responders.

Call 911: Report the Accident and Request Emergency Assistance

Illinois Vehicle Code (625 ILCS 5/) requires you to report a crash if it results in injuries, death, or property damage exceeding $1,500. The police report will be critical evidence in your personal injury claim. If you are physically able, request medical help at the scene.

Exchange Information with the Other Driver(s)

Obtain the following from all drivers involved:

• Name, phone number, and address
• Insurance company name and policy number
• Driver’s license and license plate number

If the at-fault driver refuses to cooperate, let the police handle the situation.

Document the Scene: Take Photos and Videos (If Possible)

If you can, capture images of:

• Property damage to all vehicles
• Skid marks, traffic signs, and road conditions
• Visible car accident injuries
• The overall accident scene

This evidence can help prove fault in a personal injury lawsuit.

Get Witness Contact Information

If anyone saw the crash, ask for their name and phone number. Witness statements can support your claim if the insurance company disputes liability.

Seek Medical Attention: Even if Injuries Seem Minor

Some car accident injuries, such as neck injuries, concussions, and spinal cord injuries, may not be immediately apparent. Seeking prompt medical attention ensures that injuries are diagnosed and documented in your medical records, strengthening your case.

Do Not Admit Fault

Avoid apologizing or making statements about responsibility. Illinois follows a modified comparative negligence rule (735 ILCS 5/2-1116), meaning admitting partial fault could reduce or eliminate your ability to recover compensation.

Investigating Your Peoria Car Accident Claim

A thorough investigation is essential to building a strong car accident claim and proving the negligent party is responsible for your injuries. Our Peoria car accident attorneys gather key evidence to help accident victims recover damages for medical bills, lost wages, and pain and suffering.

One of the first steps in the investigation is obtaining the Peoria Police Department accident report. This report includes essential details such as how the accident happened, statements from those involved, citations issued to the at-fault driver, and officer observations of the accident scene. This document serves as a key piece of evidence in proving liability.

Interviewing witnesses is another critical part of the process. Eyewitness accounts can clarify what led to the car crash, including whether the other driver violated traffic laws or was distracted. Witness testimony can also counter the arguments made by the insurance company if they attempt to shift blame onto you.

Analyzing vehicle damage and examining the accident scene provides additional insight into how the crash occurred. Factors such as skid marks, the extent of property damage, road conditions, and posted speed limits can help determine whether the negligent driver was speeding, failed to yield, or ignored traffic signals.

For more complex personal injury cases, we work with accident reconstruction experts. These specialists recreate accidents using crash data, vehicle movement analysis, and engineering principles. Their findings can be crucial in cases involving severe injuries, disputes over fault, or fatal accidents.

Dealing with Insurance Companies After a Peoria Car Accident

After a Peoria car crash, dealing with the insurance company can be challenging. Insurers often minimize payouts or shift blame to avoid paying fair compensation. Knowing how to handle these interactions can help protect your rights and strengthen your car accident claim.

Reporting the accident to your insurance company should be done immediately, even if the at-fault driver is responsible. Most policies require prompt reporting, and failure to do so could affect your ability to file a claim. However, when speaking with your insurer, stick to basic facts—where and when the car crash happened—and avoid admitting fault or speculating about your injuries.

Dealing with the at-fault driver’s insurance company requires extra caution. Insurance adjusters may ask for a recorded statement or offer a quick settlement that does not fully cover your medical bills, lost wages, or other damages. You are not legally required to provide a recorded statement, and it’s best to let a Peoria car accident lawyer handle all communications to protect your claim.

Protecting your rights and avoiding common mistakes can significantly affect your case. Do not sign documents or accept a settlement without consulting an experienced car accident lawyer. Keep detailed records of all medical expenses, communications with the insurer, and any property damage repairs to support your personal injury claim.

Bad faith insurance practices occur when an insurance company unfairly denies, delays, or undervalues a claim. Under the Illinois Insurance Code (215 ILCS 5/), insurers must handle claims in good faith, but some may try to pressure accident victims into accepting low settlements. If you suspect bad faith tactics, a personal injury lawyer can hold the insurer accountable and fight for the financial compensation you deserve.

Potential Compensation in a Peoria Car Accident Case

If you’ve been injured in a Peoria car crash, you may be entitled to financial compensation for your losses. State law allows victims to recover economic and non-economic damages, depending on the severity of their injuries and how the accident has impacted their lives. Families who have lost a loved one may also seek wrongful death damages.

Economic Damages

These damages cover financial losses directly related to the accident, including:

• Medical expenses (past and future): Includes emergency care, hospital stays, surgeries, rehabilitation, prescription medications, and ongoing medical treatment.
• Lost wages: Compensation for income lost due to the accident, including reduced earning capacity if injuries prevent returning to work.
• Property damage: If your car was damaged or totaled in the crash, you can seek reimbursement for vehicle repairs or replacement.

Non-Economic Damages

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

• Pain and suffering: Compensate for physical pain, emotional distress, and post-traumatic stress disorder (PTSD) caused by the accident. The more severe the injuries, the greater the potential compensation for pain and suffering.
• Disability and disfigurement: Permanent injuries, such as spinal cord injuries, amputations, or severe burns, may qualify for additional compensation. These damages account for the long-term impact on your mobility, independence, and quality of life.
• Loss of enjoyment of life: If your injuries prevent you from participating in activities you once enjoyed, you may be able to recover damages for loss of enjoyment of life. This can include hobbies, exercise, or daily tasks now difficult or impossible.

Wrongful Death Damages

Families who have lost a loved one in a car accident may be entitled to:

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

Why You Need a Peoria Car Accident Lawyer

After a car crash, dealing with insurance companies and the legal process can be overwhelming. An experienced lawyer can protect your rights and help you recover compensation for your injuries and losses.

A lawyer helps establish liability by conducting a thorough investigation and gathering evidence such as police reports, witness statements, and medical records to prove the negligent driver was responsible.

Insurance companies often try to minimize payouts or shift blame. An attorney negotiates on your behalf to ensure you receive a fair settlement that covers your medical bills, lost wages, and pain and suffering.

If your case cannot be settled through negotiations, a Peoria car accident lawyer can file a personal injury lawsuit and represent you in court.

Frequently Asked Questions (FAQs) About Peoria Car Accidents

What if the Other Driver Was Uninsured or Underinsured?

If the at-fault driver lacks insurance coverage or enough coverage to pay for your damages, you may still have options to recover compensation. Illinois law (215 ILCS 5/143a) requires insurance companies to offer uninsured/underinsured motorist (UM/UIM) coverage, which can help cover your medical costs, lost wages, and other damages.

What if I Was Partially at Fault for the Accident?

In Illinois, you can still seek compensation for a car crash even if you were partially responsible. Under the state’s modified comparative negligence rule (735 ILCS 5/2-1116), you can recover damages if you are less than 50% at fault. However, your compensation will be reduced by the percentage of your fault.

For example, if you were found 20% at fault and awarded $100,000 in damages, your final compensation would be reduced to $80,000. You cannot recover damages if you are 50% or more at fault.

How Long Do I Have to File a Lawsuit in Peoria?

If you’ve been injured in a Peoria car crash, state law sets a strict deadline for filing a personal injury lawsuit. Under the Illinois statute of limitations (735 ILCS 5/13-202), you generally have two years from the accident date to file a claim. However, some exceptions may extend or shorten this deadline:

• Minors – If the injured victim is under 18 when the accident occurs, the statute of limitations does not begin until their 18th birthday, meaning they may have until their 20th birthday to file a personal injury lawsuit.
• Wrongful death claims – If a car accident results in fatal injuries, surviving family members have two years from the date of death—not the accident—to file a wrongful death lawsuit.
• Government entities – If your accident involved a government vehicle (such as a city bus or a municipal truck), you may need to file a formal notice of your claim within one year, and lawsuits may need to be filed within two years under the Illinois Court of Claims Act (705 ILCS 505/1).
• Uninsured or hit-and-run drivers – If the at-fault driver cannot be identified, you may need to file an uninsured motorist claim with your insurance company. The deadline for these claims depends on your policy, but many insurers require notice within 30 days.

Because waiting too long can jeopardize your case, it’s best to speak with a Peoria car accident lawyer as soon as possible. Our law firm can help ensure your claim is filed on time and you receive the financial compensation you deserve.

How Much Does It Cost to Hire a Car Accident Lawyer?

If you’ve been injured in a Peoria car crash, you may be concerned about the cost of legal representation. Fortunately, most car accident lawyers work on a contingency fee basis, meaning you pay nothing upfront. Instead, the attorney’s fees are only paid if they win your case through a settlement or court verdict.

A contingency fee is a percentage of the total compensation recovered, usually ranging from 25% to 40%, depending on the case’s complexity. This structure allows accident victims to access experienced legal representation without financial risk. You owe nothing in lawyer’s fees if your attorney does not win your case.

Will I Have to Go to Court?

Most car accident cases are settled outside of court through negotiations with the insurance company. A car accident lawyer will work to secure a fair settlement that covers your medical expenses, lost wages, and other damages without needing a trial.

However, filing a personal injury lawsuit may be necessary if the insurance company refuses to offer fair compensation or disputes liability. If this happens, your Peoria car accident lawyer will handle all aspects of the case, from filing legal documents to representing you in court.

What if the Police Report Is Inaccurate?

If you believe there is an error in the report—whether it misrepresents how the accident happened, contains incorrect details, or omits key information—you have the right to request a correction.

The Peoria Police Department may be able to amend factual mistakes, while disputes over fault may require further legal action. An experienced car accident lawyer can help challenge the findings by gathering additional evidence to support your personal injury claim.

How Long Do Most Car Accident Settlements Take?

The time it takes to settle a car accident claim varies depending on several factors, including the severity of injuries, the complexity of the case, and the insurance company’s willingness to negotiate. Some settlements are reached within a few months, while others can take a year or more, especially if a personal injury lawsuit is necessary.

Can You Negotiate a Settlement Offer?

Yes, you can—and should—negotiate a settlement offer after a car crash. Insurance companies often make low initial offers to minimize payouts, but you are not required to accept the first amount they propose. A car accident lawyer can help evaluate your claim and push for a fair settlement that fully covers your medical costs, lost wages, and other damages.

Contact a Peoria Car Accident Attorney for Professional Legal Representation!

At Rosenfeld Injury Lawyers, our experienced car accident attorneys are committed to helping accident victims recover the financial compensation they deserve. Our law firm will conduct a thorough investigation, gather evidence, and aggressively negotiate to ensure you receive compensation for your injuries and losses.

We handle all personal injury cases on a contingency fee, meaning you pay nothing unless we win.

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

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“I am really pleased with the results Rosenfeld got me for a car crash case. They were professional and worked fast to get my case settled. Can’t think of anything for them to do different.”

— Everly Gordon

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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.