Experienced ILLINOIS Car Accident Lawyers

Car Accident Injuries in Chicago

Last updated on September 3, 2024

Common Injuries in Car Accidents

At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we help individuals who have been hurt by careless drivers in a wide range of situations. When a driver fails to use reasonable care and pay attention to the road, or engages in reckless conduct, they may be held legally accountable for a resulting accident in a civil lawsuit. Our Chicago car accident attorneys are prepared to seek compensation on your behalf. By bringing a personal injury claim under Illinois law, you may enforce your right to recovery. Throughout the entire legal process, our skilled attorneys can provide knowledgeable guidance and explain your rights and obligations.

Types of Car Accident Injuries

Car accident injuries vary depending on the severity of the crash and the particular nature of any individual affected by the crash. Generally, there are two types of injuries caused by car crashes: impact injuries and penetrating injuries. Impact injuries occur when a body party hits the interior of the vehicle, such as a knee hitting the dashboard upon impact. Penetrating injuries are external, such as cuts and scrapes.

Soft tissue injuries refer to damage to muscles, tendons, and ligaments. Connective tissue within the body may stretch in sudden movements, such as the sudden impact of a head being jerked forward or sideways upon impact. A “whiplash” injury to the upper back and neck, for example, is a type of soft tissue injury. Whiplash injuries may result from both low-speed and high-speed collisions.

Head injuries are among the most serious car accident injuries because they may result in lasting cognitive issues. Severe collision impacts may lead to closed head injuries that require long-lasting or even permanent medical care. Additionally, people who suffer a traumatic brain injury may not be aware immediately of the severity of their injury.

People who are hurt by the negligent conduct of others have a right to pursue a legal claim. By filing an injury claim against an at-fault driver after a car crash, a victim or their family is seeking to hold that driver legally accountable. Following car crashes, victims may allege that the defendant driver had been negligent, which means that they failed to act as a reasonable person would have acted under similar circumstances. This duty of care extends to all drivers, whether they are operating a car, motorcycle, or commercial truck. A car crash victim who alleges negligence in a personal injury lawsuit must show that the other person owed them a duty of care, breached this duty, and caused the accident. The victim must also demonstrate the damages that they incurred, including medical documentation of their injuries, the quantifiable costs related to their care, missed wages from work due to the accident, and other costs. Additionally, damages related to emotional pain and suffering and other non-economic damages may be recovered.

Discuss Your Car Accident Injuries with a Chicago Attorney

Injured individuals and families should receive the financial compensation that they deserve following a motor vehicle collision. The Chicago car accident lawyers at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca have helped victims throughout Illinois pursue settlements and judgments that address their ongoing costs following a crash. For decades, we have represented injured individuals and held negligent drivers accountable for their conduct in Champaign, Aurora, Springfield, Rockford, Quincy, and other communities throughout Kane, Cook, Sangamon, Winnebago, and Adams Counties. Discuss your case with an experienced motor vehicle collision attorney today. We can be reached by phone at 312-724-5846 or online for a free consultation.

Seatbelt Injuries

Seatbelts save accident victims’ lives. The restraint imposed by a seatbelt can reduce the risk of fatal injuries caused during a high-speed crash. It can prevent the restrained person from being ejected from the car or reduce the injuries from blunt force trauma. However, wearing a seatbelt does not guarantee that an accident victim will walk away unscathed from a crash. Sometimes injuries arise as a result of the seatbelt. If you suffer seatbelt injuries in a car accident, you should contact the Chicago car accident attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca.

Liability for Seatbelt Injuries

If your body has been restrained by a seatbelt and experiences a jolt of force, there is the potential for bodily harm. The seatbelt keeps you from being thrown out of the car, which is crucial, and it can also reduce some movements that could cause serious injuries. However, the seatbelt can also contribute to injuries such as abdominal injuries, whiplash, bruising, chest injuries, or internal bleeding. If you are pregnant, you can suffer even more serious injuries, particularly if the seat belt is not appropriately worn. For example, if you are pregnant and have your belt strap wrapped around your stomach instead of across your hips, you could suffer a placental abruption. A child can suffer especially serious injuries as a result of an improperly worn belt.

Usually, in car accident cases, a driver’s lawyer must establish the negligence of another driver. This involves showing by a preponderance of the evidence: (1) the defendant’s duty of reasonable care, (2) a breach of the duty of reasonable care, (3) causation, and (4) actual damages. A breach of the duty of reasonable care can occur in many different ways. For example, a driver who speeds and weaves through traffic, such that he collides with another car, will probably be found to have breached the duty of reasonable care. Similarly, a driver who texts while he is driving and drifts into oncoming traffic will also likely be found to have breached the duty of reasonable care.

However, in some cases, one’s seatbelt worsens injuries or contributes to them. Depending on the particular facts of your case, you may have a basis to sue the manufacturer of the seatbelt. Seatbelt injuries can be caused by manufacturing or design defects in the seatbelt or in the vehicle. If there are defects, the seatbelt may not operate as it is expected to do and could be a major contributor to the injuries. Issues with a car’s latches could result in the seatbelt detaching or not staying tight during the accident. Or the seatbelt could be defective by failing to remove slack after an accident, thereby exacerbating the injuries. In that case, it may be appropriate to join the manufacturer to your car accident lawsuit and include a product liability claim. Product liability claims may be based on strict liability or negligence. Strict liability attaches even if a manufacturer used reasonable care.

Often, defendants, whether they are drivers or manufacturers, try to blame the plaintiff for the accident. A defendant may argue, for example, that a plaintiff was wearing a seatbelt improperly, and this contributed to the injuries. On the other hand, the defendant may argue that a plaintiff’s failure to wear a seatbelt caused the injuries. In Illinois, if a defendant can show that you were also negligent, your damages will be reduced by an amount equal to your percentage of fault. If you are determined to be more than 50% at fault, you will be barred from recovering damages. This is one reason why it is so crucial to retain an experienced attorney who will carefully examine all of the contributing causes of the car accident and provide strong representation.

Discuss Your Case with a Car Crash Lawyer in Chicago

If you suffered seatbelt injuries in a crash, you should hire an experienced personal injury attorney. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we represent car accident victims in Chicago, Champaign, Quincy, Aurora, Rockford, and Springfield, as well as other areas of Cook, Adams, Sangamon, Champaign, Winnebago, and Kane Counties. You can call us at 312-724-5846 or send us an email for a free consultation.