A side impact collision, also known as a T-bone accident, can be devastating, especially for passengers. Unlike front or rear-end crashes, side-impact collisions provide little structural protection, making serious injuries more likely. If you were a passenger in a vehicle that was struck from the side, you may be wondering how to cover medical expenses, lost wages, and pain and suffering. Understanding your legal rights under Illinois car accident laws is critical to ensuring you receive the compensation your case deserves.
Establishing fault is one of the most important steps after a car accident. Illinois follows a fault-based system, meaning the driver who caused the accident is responsible for the damages. Liability in a side impact crash is often determined based on traffic laws and right-of-way rules, as outlined in 625 ILCS 5/11-901.
Some common causes of side impact collisions include:
If another driver violated traffic laws and caused the accident, they may be held liable. However, determining responsibility can be complex, especially when multiple vehicles are involved.
As a passenger, you are rarely considered at fault for a car accident, which means you have the right to seek compensation from the at-fault party’s insurance company. You may have multiple options for recovering damages, including:
Under Illinois law (625 ILCS 5/7-203), all drivers must carry minimum liability insurance, but insurance disputes can arise, making it crucial to seek legal assistance.
To strengthen your claim, take the following steps after the accident:
Even if your injuries do not seem severe, some conditions, such as concussions or internal bleeding, may not be immediately apparent. Medical records serve as critical evidence when seeking compensation.
If possible, collect photographs of the accident, including damage to vehicles, traffic signals, and any visible injuries. Also, contact information must be obtained from witnesses who can provide statements about what happened.
Illinois law requires law enforcement to file a report for accidents involving injuries. You can request a copy of the police report under 625 ILCS 5/11-408 to help establish fault.
Even if you are not filing a claim under your own policy, you should inform your insurance provider about the accident.
Insurance companies may try to downplay your injuries or shift blame, making it important to have legal representation to protect your rights.
Passengers in side-impact crashes often sustain serious injuries due to the lack of protection on the side of a vehicle. Common injuries include:
Medical treatment for these injuries can be costly, and Illinois law allows injured passengers to seek full compensation for their medical expenses, lost wages, and pain and suffering.
Under 735 ILCS 5/13-202, Illinois has a two-year statute of limitations for personal injury claims. This means you must file a lawsuit within two years from the date of the accident. Missing this deadline can prevent you from recovering damages.
When filing a claim, you may be entitled to:
Illinois follows a comparative fault system (735 ILCS 5/2-1116), meaning your compensation may be reduced if you are found partially at fault. However, passengers are rarely held liable unless they contributed to the crash in some way, such as distracting the driver.
Can I Sue Both Drivers If They Share Fault?
Yes. Illinois follows joint and several liability rules, which means multiple parties can be held responsible for damages. If both drivers were negligent, you may file claims against both insurance policies.
What If The At-Fault Driver Is Uninsured?
If the at-fault driver does not have insurance, you can file a claim under your own uninsured motorist (UM) coverage. Illinois requires insurance policies to include UM.
Will My Medical Bills Be Covered If I Was A Passenger?
Your medical bills may be covered by the at-fault driver’s insurance, the driver’s policy of the car you were in, or your own insurance policy. An attorney can help determine the best option for maximizing your recovery.
Can I Recover Compensation If I Was Not Wearing A Seatbelt?
Yes, but the insurance company may argue comparative negligence (735 ILCS 5/2-1116) and attempt to reduce your compensation. However, Illinois law does not automatically bar recovery for failing to wear a seatbelt.
How Long Will It Take To Settle My Claim?
The timeline depends on the severity of your injuries, the complexity of your case, and the insurance company’s response. Some claims settle within a few months, while others may take longer if litigation is required.
Should I Accept The Insurance Company’s First Settlement Offer?
Insurance companies often offer low initial settlements to close claims quickly. It is best to have an attorney review any settlement offer to ensure it covers all damages before accepting.
What If The Insurance Company Denies My Claim?
If your claim is denied, an attorney can help challenge the decision by providing additional evidence, negotiating with the insurer, or filing a lawsuit if necessary.
Do I Need A Lawyer To File A Passenger Injury Claim?
While not legally required, having a lawyer can significantly improve your chances of receiving full compensation. An attorney will handle negotiations, gather evidence, and ensure your rights are protected.
What If I Am Partially Responsible For The Accident?
As a passenger, it is unlikely that you would be found at fault unless you contributed to the crash in some way (e.g., grabbing the steering wheel). Illinois law allows compensation as long as you are less than 50% at fault.
If you were injured as a passenger in a side impact collision, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. At The Law Offices of Robert T. Edens, P.C., we fight for accident victims and help them secure the compensation they deserve.
Contact our Cook County car accident lawyers at The Law Offices of Robert T. Edens by calling 847-395-2200 for a free consultation. We have offices in Antioch, Waukegan, and Woodstock, Illinois, and represent clients throughout the state. Let us help you recover and move forward.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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