When auto accidents happen, it is important to determine who is to blame. Those who have been harmed or who lost loved ones can pursue a legal claim for damages, but to maximize the chances of receiving fair compensation, should get a tough legal advocate on their side to help.
The personal injury lawyers in Edwardsville from Drafahl Law Firm can provide the representation you need and deserve if you were hurt in a collision or a loved one was killed in an Edwardsville crash.
Just reach out to us at (314) 300-6260 or contact us online to schedule your free consultation to learn more about what we can do for you.
Why Turn to Drafahl Law Firm After a Car Crash
In 2022, the Illinois Department of Transportation reported 1,147 fatal crashes, resulting in 1,268 deaths. While these tragedies are the most devastating, injury-causing accidents remain all too common on Illinois roads, leaving lasting impacts on those involved.
Not every Edwardsville car accident lawyer has the experience and track record that Drafahl Law Firm does. If you want to make sure you have a trusted and skilled legal advocate, you can count on our firm for many reasons including the following:
- Our successful history of recovering large car accident compensation. Just in the last few years, for example, we’ve recovered $1.75 million for a client who sustained a mild traumatic brain injury in an accident as well as $1.3 million in a school bus accident case with disputed liability.
- Our many satisfied clients have made clear that we’ve gone the extra mile, recovered larger amounts of compensation than expected, and did not back down to insurance companies.
- Our negotiation skills maximize the chances of a quick and stress-free settlement offer from insurers
- Our litigation experience ensures we can resolve your claim no matter what path it takes which enables us to present a solid claim in court to help you recover the compensation you deserve.
Our representation is always personalized to you, and our goal is to help you navigate the civil justice system effectively to be made whole after your crash.
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What Can an Edwardsville Car Accident Attorney Do For You?
An Edwardsville car accident lawyer will help you in many important ways following a motor vehicle accident including:
- Proving negligence or demonstrating a violation of safety rules that creates a presumption of negligence so you can hold another driver accountable for their carelessness
- Gathering eyewitness testimony, medical records, photos from the crash scene, and other evidence to make your claim as strong as it can be
- Proving the full extent of your loss using tools like a pain journal or by working with expert witnesses to testify on your behalf
- Negotiating an out-of-court settlement when possible or making the most compelling possible case in court to get you compensation for medical bills, lost wages, pain and suffering, emotional distress, and all other economic and non-financial losses you’ve endured.
If the accident was caused by another driver in a truck, contact our Edwardsville truck accident lawyer to get legal assistance and the help you need to pursue maximum compensation.
What Causes Most Car Accidents in Edwardsville?
Car accidents in Edwardsville often happen because of common mistakes or risky behaviors on the road. Knowing what leads to crashes can help drivers stay cautious and reduce their chances of injury. Some of the most common causes include:
Distracted Driving
One of the leading causes of accidents is distracted driving, which includes texting, talking on the phone, eating, or adjusting the radio while behind the wheel. When drivers take their focus off the road, accidents are much more likely to occur. Research shows that using a cellphone while driving raises your risk of being involved in an accident by 400%.
Speeding
According to the Illinois Department of Transportation, speed-related crashes made up 31.8% of all accidents in 2022, 43.8% of those resulting in fatalities, and 36.7% of crashes that caused injuries.
Driving too fast reduces a driver’s ability to react to sudden changes and increases both the impact of a collision and the severity of injuries when accidents occur.
Failure to Obey Traffic Signals
Ignoring stop signs, red lights, or yield signs is frequently a factor in accidents, especially at busy intersections. These violations increase the risk of side-impact crashes and other dangerous collisions.
Impaired Driving
Driving under the influence of alcohol or drugs impairs judgment and coordination, drastically increasing the likelihood of causing a crash. According to the National Highway Traffic Safety Administration, alcohol is a factor in nearly half of motor vehicle deaths in Illinois.
Reckless Driving
Reckless driving, such as aggressive lane changes, tailgating, or weaving through traffic, greatly raises the chance of accidents. These hazardous behaviors create unsafe conditions for all road users and often lead to serious collisions.
If you’ve been involved in an accident and the other driver was engaged in any of the above activities, you could be entitled to compensation as a result of their negligence.
Important Steps to Take Following a Car Accident in Edwardsville
Knowing how to respond right after a car accident in Edwardsville can greatly influence how well your injury claim turns out. Taking intentional, careful steps not only safeguards your health but also ensures that evidence is preserved to support your case. Here’s what you should do:
Prioritize Safety and Seek Medical Attention
Check on the condition of everyone involved if you’re able to. If anyone is injured or unresponsive, call emergency services immediately. Getting medical help right away is essential not just for health reasons but also because medical records will play a significant role in documenting your injuries if you later file a claim. Your own wellbeing and that of others at the scene should always come first.
Collect Comprehensive Information from Everyone Involved
At the accident location, gather full names, addresses, and phone numbers of all parties involved, along with their insurance details and vehicle registration numbers. Don’t forget to ask for contact information from witnesses who might have seen the crash happen but aren’t directly involved.
Capture Visual Evidence with Photos and Videos
Using a phone or camera, take detailed pictures or short videos of the damages to all vehicles, including close-ups and wider shots of the scene. Make sure you get pictures of road signs, traffic signals, skid marks, lighting conditions, and hazardous spots contributing to the accident. Also record any visible injuries you or others might have sustained.
Ensure the Accident is Properly Documented by Authorities
Even when it seems minor, contacting the police and filing an official accident report establishes an official record that will help convince insurance companies and courts that you weren’t at fault. This report often contains crucial information such as the officer’s observations, citations issued, and their perspective on responsibility. Request a copy of the report or the report number for your records.
Get Legal Guidance as Early as Possible
Early consultation with an experienced Edwardsville car accident attorney provides important insight into your rights and options. A good lawyer can help you understand the claims process, assist in gathering evidence, communicate with the insurance companies, and advocate for fair compensation throughout the legal journey. This support can take the pressure off of you during a stressful time and improve your chances of a successful outcome.
Taking these steps immediately after a car accident will help you build a strong case. If a loved one perished in a car crash, contact our Edwardsville wrongful death attorneys to pursue justice and compensation.
Understanding Illinois’ Comparative Fault Law
Illinois uses a modified comparative fault system to decide whether someone injured in an accident can recover damages. Under this law, a person typically must be less than 50% responsible for their injuries to make a claim.
(735 ILCS 5/2-1116) (from Ch. 110, par. 2-1116)
Sec. 2-1116. Limitation on recovery in tort actions.
In all actions on account of bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability, the plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought. The plaintiff shall not be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is not more than 50% of the proximate cause of the injury or damage for which recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of fault attributable to the plaintiff.
If the injured party is found to be 50% or more at fault, they may lose the right to receive any compensation.
How the Law Works in Practice
When both parties share responsibility, the court or insurance company calculates the amount each person is to blame for the accident. Your financial recovery becomes proportional to your share of fault. If the total damages equal $100,000, and you are 40% at fault, you would receive $60,000. However, if you were deemed 50% or more at fault, you would receive nothing from the other party.
Understanding Illinois’ comparative fault law is important for anyone involved in an accident.
Contact Us Today
We never charge you for our legal services until we’ve recovered compensation for your losses, and we are always here and ready to help you and support you throughout your case.
Give us a call at (314) 300-6260 or contact us online to schedule a free consultation with an Edwardsville car accident attorney at Drafahl Law Firm to learn what we can do for you.