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What You Should Do After a Hit and Run Accident in Illinois

Auto Accident AttorneyWhen you are involved in a hit and run accident, it is likely you’ll feel anger and frustration. After all, someone just caused you damage and didn’t even hang around to offer help. In such situations, you may be confused as to how you can make a claim against the responsible driver and get compensation for your bodily injuries and vehicular damages. According to Illinois law, fleeing after an accident which results in personal injury or death is a Class 4 Felony, and is punishable by $20,000 in fines and a prison sentence of up to 15 years.

If you are victim of a hit and run, it is best that you stay calm and do the following after the accident:

Resist the Temptation of Chasing the Other Driver

It is understandable that you are tempted to chase the at-fault driver and force them to pull over so that you can get square with them. However, this can make your situation considerably worse than it already is. You do not know whether the other driver was driving irresponsibly due to an emergency or just having a bad day. They might be drunk and armed, and they may become violent.

In addition, with emotions running high, you may not realize the extent of damage to you or your car, which may put your life in danger. The best thing to do is safely pull over and park at the roadside. If possible, note their license plate number, as it is the single-most important piece of evidence that can help the police track down the culprit.

Check for Damages and Injuries

If you notice a headache, back or neck pain, dizziness, or bleeding, you should call emergency services right away and seek medical attention. If you feel fine, evaluate the damage to your car and note it down.

Report the Crime

Next, call the police and report the crime. Try to explain the entire incident to the law enforcement officer in as much detail as possible, and if there are any people nearby, talk to them to get additional information.

Gather Evidence

While you wait for the police to reach your location, you should document the accident scene and take pictures or make a video of your car and surroundings. Be sure to capture the scene from different angles. In addition, recall how things happened and jot down the description so that you are better able to provide a detailed statement to the police. If possible, try to remember the license plate. Do not try to tamper with the scene as it can lead to legal repercussions down the line.

Inform your Insurance Company

Unfortunately, a majority of hit and run accident victims have to make claims on their own insurance policies if the at-fault driver cannot be apprehended. Everything from medical records and police reports to visual evidence like pictures and videos will help you in filing a claim for your uninsured motorist coverage.

Frequently Asked Questions About Hit And Run Accidents

What should I do immediately after a hit-and-run accident?

  • Stay at the scene: Do not leave the scene of the accident.
  • Check for injuries: Assess yourself and others for injuries and call emergency services if needed.
  • Call the police: Report the accident to the police as soon as possible.
  • Gather information: Collect as much information as you can about the other vehicle, such as make, model, color, license plate number, and any identifying features.
  • Look for witnesses: Ask people nearby if they saw the accident and get their contact information.
  • Document the scene: Take photos of the accident scene, your vehicle, and any damage.

How do I report a hit-and-run accident?

  • Contact the police: Provide them with details about the accident, including the location, time, and description of the other vehicle.
  • File an accident report: This can help with insurance claims and potentially lead to the identification of the other driver.

What should I do if I can’t find the other driver?

  • File a claim with your insurance: Inform your insurance company about the accident and provide them with all the information and documentation you have collected.
  • Seek legal advice: Consult with a personal injury attorney who can help you navigate the legal process and explore your options for compensation.

Will my insurance cover the damages from a hit-and-run accident?

  • Uninsured motorist coverage: Many insurance policies include uninsured motorist coverage, which can help cover damages and medical expenses if the other driver is not found.
  • Check your policy: Review your insurance policy to understand what is covered and what steps you need to take to file a claim.

What are the legal consequences for a hit-and-run driver?

  • Criminal charges: Hit-and-run drivers can face criminal charges, including fines, license suspension, and even jail time, depending on the severity of the accident and injuries involved.
  • Civil liability: The driver can also be held liable for damages and medical expenses in a civil lawsuit.

How can I protect myself from future hit-and-run accidents?

  • Drive defensively: Always be aware of your surroundings and practice defensive driving techniques.
  • Install a dashcam: A dashcam can provide valuable evidence in the event of an accident.
  • Stay alert: Be extra cautious in areas with high pedestrian traffic or poor lighting.

It can be nerve-wracking to get hit by a car and not receive any compensation for your damages. In such a situation, having an experienced auto accident attorney by your side can help you with your personal injury case. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

(Updated 1/20/2025)

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The Role Of Follow-Up Care In Recovering From Car Accident Injuries

car accident injuries

When we think about recovery after a car accident, it’s easy to focus on the initial medical treatment—emergency room visits, surgeries, or short hospital stays. But real, lasting recovery doesn’t stop there. Follow-up care plays a vital role in dealing with ongoing medical needs, reducing the chance of complications, and helping you achieve a full recovery. In Illinois, there are also legal factors connected to follow-up care for those injured in accidents. By keeping up with medical appointments and following treatment plans, we protect not only our health but also our rights in a personal injury case.

Why Follow-Up Care Matters

Follow-up care helps us make sure that injuries are healing properly and to spot any new issues early on. Medical treatment follow-ups after a car accident include physical therapy, chiropractic visits, or routine check-ups with a doctor. Injuries like whiplash, concussions, and soft tissue damage may not show their full effects until days or even weeks after an accident. Keeping up with these follow-up visits allows us to track the development and treatment of these injuries, ensuring nothing is overlooked.

Legal Ramifications Of Skipping Follow-Up Care In Illinois

Individuals injured in car accidents have the right to pursue compensation for their injuries. Illinois courts also expect injured individuals to mitigate their damages. This means that we have a responsibility to seek timely and reasonable medical care to prevent our injuries from worsening. When a victim fails to attend follow-up appointments or ignores prescribed care, it may give the defense grounds to argue that the injuries worsened due to the victim’s own negligence.

Relevant Illinois laws, such as the comparative negligence rule under 735 ILCS 5/2-1116, allow a reduction in recovery if the injured party is found partially responsible for the extent of their injuries. For instance, if an injured person skips physical therapy and their injuries worsen, the defense may argue that the person’s damages should be reduced accordingly. This makes it essential to follow all recommended treatment plans and document each visit.

Common Types Of Follow-Up Care After A Car Accident

Follow-up care varies based on the type and severity of injuries sustained in a car accident. Some of the most common forms include:

Physical Therapy – Often necessary for those dealing with musculoskeletal injuries, physical therapy aims to restore strength and flexibility.

Mental Health Counseling – Trauma from car accidents isn’t just physical. For those dealing with emotional effects like anxiety or PTSD, therapy may be necessary.

Pain Management – Chronic pain may persist long after an accident, requiring continued treatment such as medication or nerve-block injections.

By participating in these types of follow-up care, we can improve our recovery outcomes and provide a solid foundation for our legal claims.

Documentation: A Key Aspect Of Follow-Up Care And Legal Claims

Documenting every medical visit, prescription, and treatment plan is very important when building a personal injury case. Medical records created during follow-up care serve as evidence of the injuries and treatments, showing the seriousness of the damage and the efforts taken to recover. These crash-related records significantly impact the amount of compensation awarded in a personal injury settlement or award. Illinois courts consider this documentation when determining the severity of injuries and the associated costs. Under Illinois Rule of Evidence 803(6), medical records are admissible as business records, adding credibility to the documentation.

In Illinois, the statute of limitations for personal injury claims is generally two years from the date of the accident, as outlined in 735 ILCS 5/13-202. However, adhering to a documented follow-up care schedule from the start helps prevent issues with delayed diagnoses that could impact the timeline for filing a claim.

Potential Compensation For Follow-Up Care Costs In Illinois

In Illinois, accident victims may seek monetary compensation for economic damages, including all medical expenses. This financial compensation can cover initial treatments and follow-up care. Non-economic damages, such as pain and suffering, may also be included, depending on the impact the injuries have had on daily life.

If follow-up care reveals additional injuries or ongoing health issues, it may impact the value of the claim. Illinois follows a “full compensation” rule. This means victims can claim all past, present, and future medical expenses related to the accident. To substantiate these claims, detailed documentation and regular follow-up visits are key.

FAQs About Follow-Up Care And Car Accident Recovery

How Can Skipping Follow-Up Care Affect My Car Accident Claim?

In Illinois, you are required to mitigate your damages, meaning you must take reasonable steps to prevent your injuries from worsening. By skipping follow-up care, the defense may argue that any worsening of your injuries resulted from your own actions. Illinois law under 735 ILCS 5/2-1116 allows the court to reduce damages if you are found partially responsible. Documented follow-up care demonstrates that you are actively managing your injuries, which strengthens your claim.

Do I Need To See The Same Doctor Throughout My Follow-Up Care?

While it’s generally beneficial to maintain continuity with a primary provider, Illinois law does not mandate that you see the same doctor. You are free to consult with specialists or other medical professionals as needed for your recovery. Having a consistent treatment provider can help with maintaining comprehensive documentation, but if a specialist’s care is required, this can also be part of your documented medical history for the claim.

Can I Switch To A New Medical Provider If I Feel My Current Treatment Isn’t Effective?

Yes, Illinois law supports your right to choose a provider. If your current treatment isn’t yielding results, seeking a second opinion or switching providers is within your rights. Be sure to keep detailed records of both the change and the reasons for it. A documented explanation for switching providers can help prevent any issues with insurance companies and strengthen your case by demonstrating a proactive approach to your recovery.

Call Our Lake County Car Accident Attorney To Receive A Free Consultation

If you’re recovering from car accident injuries and need legal guidance, The Law Offices of Robert T. Edens, P.C. is here to support you. Our attorneys understand the importance of follow-up care in both your recovery and personal injury claim. We’ll work to secure fair compensation for your medical expenses, pain, and suffering.

Contact our Lake County car accident attorney at The Law Offices of Robert T. Edens, P.C., by calling 847-395-2200 to receive a free consultation. Let’s discuss your case and learn how we can assist you in navigating the accident injury claims process. We represent clients in Antioch and throughout Northern Illinois.

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Photographic Evidence – Capturing and Utilizing Visual Proof in Illinois Car Accident Lawsuits

photographic evidence

As the lead attorney and founder of The Law Offices of Robert T. Edens, P.C., I’ve dedicated decades of my life to serving clients involved in car accidents, particularly in Antioch, IL, and the broader Chicago area. Today, I want to discuss a crucial aspect of car accident lawsuits in Illinois—the power and importance of photographic evidence. In our visually driven world, a picture is not just worth a thousand words; in the context of a legal dispute, it can be the key to unlocking the truth behind a car accident.

The Role Of Photographic Evidence In Car Accident Cases

When it comes to car accidents, every detail matters. Understanding the role of photographic evidence can empower you to take control of your case. These images serve as objective, indisputable evidence that can help clarify discrepancies in witness statements and contribute significantly to the determination of fault and liability.

Types Of Photographic Evidence And Their Importance

  1. Scene of the Accident – Photos taken immediately after an accident can provide a reliable depiction of the conditions that could have contributed to the incident. This includes weather conditions, road obstructions, and the positions of vehicles which can often be critical in multi-vehicle accidents.
  2. Vehicle Damage – Detailed images of the damage to all vehicles involved can help experts reconstruct the accident, and insurers assess the costs of damage. These photos can also link the physical impact to claimed injuries, a key element in personal injury lawsuits.
  3. Traffic and Road Signs – Pictures of traffic lights, stop signs, and other road signs near the accident site can prove essential, especially if the dispute involves right-of-way or other traffic violations.
  4. Injuries – Photographic documentation of injuries at the scene and throughout the recovery process can offer compelling proof of the severity and impact of physical damages suffered.

Best Practices For Capturing Photographic Evidence

Knowing the best practices for capturing photographic evidence can provide a sense of security and preparedness. Always ensure to:

  • Use a high-quality camera or smartphone camera.
  • Take multiple photos from various angles to cover all aspects of the scene.
  • Include close-ups and wide shots to capture detail and context.
  • Ensure time stamps are enabled to validate the timing of photos.

FAQs About Utilizing Photographic Evidence In Illinois Car Accident Lawsuits

How Soon After an Accident Should I Take Photos?

Ideally, photos should be taken immediately after the accident, as long as it is safe to do so. This helps ensure that the conditions are accurately documented before any changes occur.

Can I Use Photos Taken by Witnesses?

Yes, photos taken by witnesses can be used as evidence in your case. Make sure to obtain contact information from any witnesses who took photos at the scene.

What If My Photos Are Challenged in Court?

While it’s rare for valid photographic evidence to be dismissed, it can be challenged on grounds such as relevance or authenticity. Having photos timestamped and ensuring they are taken from multiple perspectives can help solidify their validity.

Do I Need Professional Photos Taken at the Scene?

While professional quality is not necessary, clarity and coverage are important. Photos must clearly depict the accident scene and damages. If available, professional accident scene photographers can be used, but most smartphone cameras are sufficient.

How Soon After an Accident Should I Take Photos?

Ideally, photos should be taken immediately after the accident, as long as it is safe to do so. This helps ensure that the conditions are accurately documented before any changes occur. Quick action is crucial because physical evidence at the scene can change within minutes due to moving vehicles, changing weather, and the arrival of emergency responders. The more immediate the photos, the more accurately they reflect the accident’s circumstances, strengthening your case under Illinois law.

Can I Use Photos Taken by Witnesses?

Yes, photos taken by witnesses can be used as evidence in your case. Make sure to obtain contact information from any witnesses who took photos at the scene. Witness photos can sometimes capture angles or details that the parties directly involved in the accident may have missed. Under Illinois evidence rules, as long as the photos are relevant and can be authenticated by the person who took them, they can be admitted as evidence.

What If My Photos Are Challenged in Court?

While it’s rare for valid photographic evidence to be dismissed, it can be challenged on grounds such as relevance or authenticity. For instance, the opposing party might argue that the photos were taken after the accident scene was altered, or that they were edited to misrepresent the facts.

In such cases, having photos time stamped and ensuring they are taken from multiple perspectives can help solidify their validity. Under Illinois Rules of Evidence, specifically Rule 901, photographic evidence must be authenticated or identified as a true and accurate representation of what it purports to depict by someone who has knowledge of the scene.

Do I Need Professional Photos Taken at the Scene?

While professional quality is not necessary, clarity and coverage are important. Photos must clearly depict the accident scene and damages. If available, professional accident scene photographers can be used, but most smartphone cameras are sufficient. The key is to ensure that the photos are clear enough to be useful in reconstructing the accident and substantiating claims made during the lawsuit.

How Can Photographic Evidence Impact the Determination of Fault?

Photographic evidence can significantly influence the determination of fault in a car accident by providing concrete proof of conditions, vehicle positioning, and the extent of damage. For example, photos can demonstrate skid marks that indicate the speed at which a car is traveling or the point of impact that clarifies how an accident occurred. In Illinois, the comparative fault system can adjust compensation based on the degree of fault, and clear photographic evidence can sway these decisions by illustrating precise details that words alone cannot convey. This evidence can be crucial in proving or disproving negligence, which is a key factor in determining fault.

Are There Legal Restrictions on Taking Photos at an Accident Scene in Illinois?

Understanding the legal restrictions on taking photos at an accident scene can provide peace of mind and ensure you do not interfere with ongoing police or emergency operations. Additionally, it’s important to maintain sensitivity when photographing injured parties without consent.

What Should I Include in Accident Scene Photos?

Be sure to take photos of the following:

  • All vehicles are involved from multiple angles.
  • Traffic signs and signals near the accident.
  • Road conditions, including any potholes, skid marks, or debris.
  • Weather conditions at the time of the accident.
  • Any injuries are visible before medical personnel arrive.
  • Diverse angles and distances provide a comprehensive overview of the scene.

Photographs are powerful tools in legal disputes, especially in car accident cases. They provide irrefutable evidence that can clarify the events leading up to and during the accident. If you’re involved in a car accident, taking comprehensive photos could critically support your claim, providing you with the visual proof needed to substantiate your account of the events.

Contact Our Dedicated Antioch Car Accident Attorney

If you or someone you love has been injured in a motor vehicle accident in Illinois, understanding the critical role of photographic evidence is just the first step. For experienced legal guidance and representation, contact our Antioch car accident attorney at The Law Offices of Robert T. Edens, P.C. at 847-395-2200 to receive your free consultation. We have offices conveniently located in Antioch, Waukegan, and Woodstock, IL. Let us help you navigate through your legal process with the dedication and attention to detail that your case deserves.

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Will Legal Cannabis Use Cause An Increase In Car Accidents in Illinois?

car accidentsCannabis use in Illinois became legal in January 2020. This means that anyone who lives in the state can legally possess and use the drug for recreational and medicinal purposes. Since the drug has hallucinogenic effects, the number of drivers driving under the influence has increased.

Just as drunk driving can inhibit a driver’s ability to remain focused on the road, so can marijuana. If you were involved in a car accident in which you or the other driver were found to be under the influence, you should contact a car accident attorney in Grayslake.

Statistics on Increase in Car Accidents Post Legalization of Cannabis

According to statistics released by the Insurance Institute for Highway Safety and the Highway Loss Data Institute, there has been a significant increase in traffic accidents in states that have legalized cannabis use. Some of the significant findings in the report are as follows:

  • There has been a 6 percent increase in accidents involving motor vehicles and a 4 percent increase in ones that resulted in fatalities.
  • Drivers who drive under the influence of alcohol and marijuana are 500 percent more likely to sustain serious injuries in an accident, resulting in hospitalization. The spike in accidents is significant if we consider that drivers who drive under the influence of alcohol have a 300 percent chance of getting into a serious accident.

Why It Is Illegal to Drive under the Influence in Illinois

Whether you have a license to use marijuana or not, it is illegal to drive under the influence of any drug in Illinois. This is understandable as drivers who are under the effect of the drug can:

  • Hallucinate
  • React to hazardous road conditions too late
  • Take longer to brake
  • Take more time than lucid drivers to respond to hazardous road conditions
  • Have difficulty staying in their lanes

These are just some of the reasons why anyone who is found driving under the influence of marijuana can face DUI charges. The consequences of debilitated driving are usually deadly. Can you afford the medical bills that you will get after you get out of the hospital? Plus, you may take weeks, if not months, to heal depending on your injuries.

Contact an Experienced Car Accident Attorney in Grayslake

If you were involved in a car accident in Grayslake, you have rights, whether you were under the influence or not. At the Law Offices of Robert T. Edens, P.C., we can assign an experienced lawyer to you who can protect your rights and ensure get the maximum compensation you deserve.

Why shouldn’t a team of legal professionals protect your rights? You deserve the best representation and so much more for the pain and suffering you have gone through.

Our Illinois personal injury law firm has been fighting for car accident victims such as you for more than two decades. We have closed more personal injury cases successfully in Illinois than most firms. Please take your time to make an informed decision by going over our website and our services. Once you have made up your mind, contact us for a free consultation.

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How to Protect Your Claim When You Are Involved in a Car Accident in Illinois

Personal Injury AttorneyWhen it comes to car accident cases, each state has specific laws that determine the fault of the guilty party and compensation for the victims. By familiarizing yourself with these laws and with an experienced auto accident attorney by your side, you can ensure the at-fault party pays for their negligence.

Who Is At Fault?

In Illinois, car accident cases are based on a fault system, which means victims have to prove the other driver was at fault and file for damages with their insurance company. Additionally, drivers who run through stop signs without stopping, drive while drunk, drive over the speed limit and commit other traffic violations can also be held liable for potential accidents.

In other words, if you are behind the wheel, you can be held liable for a car accident if you are a negligent driver. Therefore, each driver has to have insurance to cover liabilities. If you are involved in an accident and can prove the other driver was at fault, you can claim damages for:

  • Medical expenses
  • Pain and suffering
  • Rental cars
  • Car repairs and/or replacement
  • Loss of companionship

If the accident claims your life, your family can file a wrongful death claim against the driver. The funds can cover funeral and burial expenses and replace future wages you may have earned if you were alive.

The damages mentioned above are divided into economic and non-economic categories. Naturally, the former involves the replacement of wages and funds for vehicle repairs and replacement. The latter cover psychological damage due to injuries, pain, or disabilities sustained from the accident.

Robert T. Edens Fights for Car Accident Victims

If you have been involved in a car accident in Chicago, Waukegan, Libertyville, Woodstock, or Antioch and deserve compensation for damages, you don’t need to look further than Robert T. Edens. Our law firm has been fighting for the rights of victims just like you for more than two decades and we don’t intend to stop anytime soon. From the time you were involved in the crash, right to the court case, our team of professionals will ensure your claim is not reduced or denied. Call us today and get the money and ease of mind you deserve during this difficult time.

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Determining Liability in Teen Car Accidents

One of the most exciting things for teenagers across the United States, when they turn 16, is getting a driver’s license. Being able to legally drive a car gives teens a sense of freedom, but we can all agree to the fact that they are not the most accident-averse or careful drivers on the road. If you look at the statistics, the leading cause of death of teenagers in America is car accidents.

According to the Centers of Disease Control and Prevention (CDC), about 2,270 teenagers, belonging to the age group 16-19, were killed in auto accidents and more than 221,300 were treated in emergency departments across the United States in 2014. This indicates that on average, 6 teens died in motor vehicle accidents every day during that year. Moreover, the rate of fatal accidents in teenage boys was found to be double than female teenage drivers.

Now the question is: Does the law treat teen drivers differently as compared to adult drivers, when they are responsible for an accident? Let’s find out.

The Same Standards Apply to Teen Drivers as All Other Motorists

Whether you are an adult in your 40s or a teenager who just turned 16 and got your driver’s license, the same legal standards apply to you, regardless of your age. Any licensed driver who drives a vehicle must know that they have a duty of care for all those sharing the road with them, whether they are pedestrians, motorcyclists, truck and car drivers, or bicyclists. If someone gets injured because of your reckless or careless driving, you will be liable to pay for lost income, medical expenses, and other losses incurred due their negligence.

However, not all liability falls on the teen driver; parents and guardians are also held liable for their negligence.

Understanding Vicarious Liability

It is a legal set of guidelines that applies on parents/guardians, and holds them financially responsible for their children’s negligence. In other words, parents are responsible for the actions of their children, and based on this notion, they are held liable for accidents caused by their children.

There are some conditions when vicarious liability is applied on parents. They are:

  • The license is issued to the teen driver after the parent or guardian signed an agreement stating that they will share liability for the damages if their child caused an accident.
  • They signed a similar agreement when the accident happened.
  • Both at the time of the accident and the time of licensing.

However, the rules and regulations pertaining to vicarious liability may differ from state to state.

How Parents and Guardians can Limit their Liability?

  • Get sufficient insurance to cover damages from an accident
  • Have your child purchase their own vehicle, under their own name
  • Not allow your child to get a driver’s license until they are 18 years old
  • Make sure that the teen driver understands their ‘duty of care’ on the road, as well as the possible consequences of driving a car.

 

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Regardless of how careful we are in life, all of us make mistakes, and so does our children. If your teenage child has been in a car accident and you want legal counsel on how to settle the matter, you should contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule a consultation.