Wrong-way driving incidents are a terrifying and growing reality on Chicago's roads. These events typically stem from driver impairment, confusion at complex interchanges, or other preventable factors.
For those who are hit by a driver going the wrong way, the consequences are frequently severe. The path to securing fair compensation is challenging, involving short deadlines for action and the immediate need to preserve evidence before it disappears.
If you were injured in a wrong-way crash, contact the Chicago car accident lawyers at Abels & Annes, P.C. today. Call us at (312) 924-7575 for a free and confidential consultation.
What's Behind the Alarming Rise in Chicago's Wrong-Way Crashes?
The Sobering Statistics
According to data from the Illinois Department of Transportation, Chicago experienced 376 wrong-way crashes in one recent year. Many of these devastating incidents occur on high-speed expressways where the margin for error is zero.
Major arteries like the Eisenhower (I-290), the Kennedy/Dan Ryan (I-90/94), and the Edens Expressway (I-94) are frequent sites of these collisions, turning a daily commute into a potential life-altering event. A significant portion of these crashes happen late at night, especially on weekends between midnight and 5 a.m., when visibility is low and impaired driving is more common.
The Primary Cause: Driver Impairment
The single most significant factor in wrong-way driving incidents is impairment—about 60% of wrong-way drivers are found to be legally intoxicated.
Impairment short-circuits the brain's ability to process information. Alcohol and drugs cause disorientation, making it difficult to correctly interpret road signs, traffic signals, and pavement markings. They severely delay reaction times, robbing a driver of the ability to self-correct before it's too late. When a driver is impaired, they may not even realize they are entering an exit ramp or traveling against the flow of traffic until the moment of impact.
The Influence of Age and Experience
Data reveals that two distinct age groups are overrepresented in these types of crashes: older drivers (aged 70 and above) and young adults (typically 18-24). The reasons, however, are different.
Older drivers may face challenges with vision, particularly at night, or experience cognitive processing delays that can lead to confusion on the road. For a senior driver, especially one unfamiliar with a complex interchange, making a wrong turn onto a high-speed ramp is a serious risk. Conversely, younger drivers are statistically more likely to engage in high-risk behaviors, including driving while impaired by alcohol or drugs.
The Role of Road Design and Driver Confusion
Chicago's infrastructure, with its maze of expressways, presents its own set of challenges. Certain interchange designs, such as compressed diamond or partial cloverleaf configurations, are inherently confusing even for a sober and alert driver.
This confusion is amplified late at night. With fewer cars on the road, drivers lose important visual cues that normally guide them in the correct direction of travel. Lower light conditions make signs harder to read and pavement markings less visible, turning just a single moment of hesitation into a catastrophic error.
Is Driving the Wrong Way Automatically Considered Negligence?
Negligence
At the heart of any personal injury claim is the legal concept of "negligence." This is the failure to use the level of care that a reasonably careful person would have used in the same situation. A driver traveling at high speed against the designated flow of traffic on an expressway is a clear-cut and severe example of this failure. Their actions fall far below the standard of care expected of any licensed driver.
Illinois Law is Unambiguous
You don't need to be a lawyer to know that driving the wrong way on a highway is illegal. The Illinois Vehicle Code, specifically section 625 ILCS 5/11-708, explicitly prohibits driving against the designated flow of traffic on a divided highway or a one-way street.
Connecting the Action to the Harm (Proximate Cause)
To succeed in a claim, we must also prove "proximate cause." It's a legal term that simply means we need to draw a direct line from the driver's wrongful act—in this case, driving the wrong way—to the injuries and losses you suffered.
In a head-on, wrong-way collision, this connection is straightforward. The crash would not have happened but for (i.e. “if it weren’t because of”) the other driver's negligent act.
How Do We Establish Fault and Build a Strong Claim?
After a devastating wrong-way crash, your priority is your health and recovery. The work of building a legal case should not fall on your shoulders. This is our job, not yours. While you focus on healing, our team initiates an immediate and thorough investigation to build the strongest case possible on your behalf.
Immediate Evidence Preservation
Time is of the essence. Evidence that will make or break your case can be lost or destroyed in the days and weeks following a crash. We act quickly to secure it.
- The Police Report: This document is the starting point, containing the investigating officer's initial findings, diagrams of the scene, information about any citations issued (like a DUI), and contact details for witnesses.
- Scene and Vehicle Documentation: This includes photographs and videos of the crash scene, the damage to all involved vehicles, and relevant road features like signs and ramp configurations. We work to gather this visual evidence before the scene is altered or vehicles are repaired or destroyed.
- Electronic Data: Modern vehicles are equipped with "black boxes," or Event Data Recorders (EDRs). We take the necessary legal steps to preserve the data from these devices, which provides objective information about the vehicles' speed, braking, and other key inputs at the moment of impact.
Identifying and Interviewing Witnesses
Eyewitnesses provide an independent perspective on how the crash unfolded. However, memories fade quickly, and people become difficult to track down over time as they move or change phone numbers. Our investigators move swiftly to identify and interview anyone who saw what happened, securing their account while it is still fresh in their minds.
Proving the Underlying Cause
Establishing why the driver was going the wrong way strengthens the case, particularly when pursuing certain types of damages:
- Impairment: As mentioned previously, a large percentage of wrong-way drivers are impaired. If a DUI was involved, we work to secure toxicology reports, results from any field sobriety tests, and records of any related criminal proceedings.
- Distraction: In some cases, driver distraction may be a factor. When relevant, we can use legal processes to seek cell phone records to determine if the at-fault driver was texting, talking, or otherwise using their phone in the moments leading up to the collision.
What Financial Recovery is Possible After a Wrong-Way Collision?
We will build a comprehensive and thoroughly documented demand for the insurance company that accounts for both your current and future needs.
Economic Damages (Tangible Losses)
These are the specific, calculable financial losses you have incurred as a direct result of the crash. We work to recover the full value of:
- Full Medical Costs: This is not limited to the initial emergency room bill. It includes the ambulance ride, hospital stays, surgeries, diagnostic imaging, physical therapy, rehabilitation, prescription medications, and any anticipated future medical care your doctors determine you will need.
- Lost Income and Earning Capacity: We calculate every dollar of wages you have lost from being unable to work. If your injuries are severe enough to prevent you from returning to your former job or limit your ability to work in the future, we retain vocational and economic experts to project your lost future earning capacity.
- Property Damage: This covers the cost to repair your vehicle to its pre-accident condition or, if it was declared a total loss, its fair market replacement value. It also includes any other personal property, such as a laptop or cell phone, that was destroyed in the collision.
Non-Economic Damages (Intangible Losses)
These damages are meant to compensate you for the profound, non-financial ways the crash has impacted your life. While no amount of money erases the trauma, these damages acknowledge the very real harm you have suffered:
- Pain and Suffering: This provides compensation for the physical pain, discomfort, and emotional distress you have endured because of your injuries.
- Loss of a Normal Life: Illinois law recognizes this distinct category of damages. It addresses how your injuries have diminished your ability to participate in and enjoy the daily activities and hobbies that were important to you before the crash.
Punitive Damages (In Cases of Extreme Misconduct)
In some cases, the at-fault driver's conduct is so reckless that the law allows for an additional award of punitive damages. In Illinois, these damages may be available when the defendant's actions were “willful and wanton”, demonstrating a conscious disregard for the safety of others. A DUI-related wrong-way crash is a prime example of such conduct.
It is important to understand that punitive damages are not designed to compensate you for a loss. Instead, their purpose is twofold: to punish the wrongdoer for their egregious behavior and to deter others in the community from engaging in similarly dangerous actions. Our team will carefully evaluate the facts of your case to determine if pursuing punitive damages is a viable option.
Why is Immediate Action So Important for Your Claim?
It's natural to want to focus solely on your medical treatment and recovery after a crash. However, the legal system operates on strict timelines. Delaying action will unfortunately jeopardize your ability to secure the compensation you need.
The Statute of Limitations
Illinois law imposes a strict deadline for filing a personal injury lawsuit, known as the statute of limitations. For most injury cases, this deadline is two years from the date of the incident. While that may sound like a long time, it is an unforgiving rule. If you miss this deadline, even by a single day, the court will very likely refuse to hear your case, and your right to seek compensation will be permanently lost.
The Practical Deadlines are Even Shorter
Long before the official statute of limitations expires, the practical ability to build a strong case begins to deteriorate. As we alluded to earlier, evidence is not permanent:
- Video Evidence Disappears: Surveillance footage from traffic cameras, tollway cameras, or cameras at nearby businesses can provide irrefutable proof of how a wrong-way crash occurred. This footage, however, is often recorded over in a matter of days or weeks. Without an immediate request from an attorney to preserve it, this evidence will be lost forever.
- Witnesses Vanish: As mentioned before, tracking down witnesses becomes more difficult with each passing month. They may move, change phone numbers, or simply forget key details about what they saw.
- Physical Evidence Fades: Skid marks on the pavement wash away, and vehicles involved in the crash may be sold for scrap or repaired, destroying important evidence about the forces of the impact.
The takeaway is simple. Delay only benefits the at-fault driver's insurance company. The sooner you contact an attorney, the sooner we can get to work investigating your case and preserving the evidence needed to prove your claim and protect your rights.
Frequently Asked Questions About Wrong-Way Crashes
What if the wrong-way driver was killed in the crash?
This is a tragic but not uncommon outcome in severe wrong-way collisions. Even if the at-fault driver passed away in the accident, a claim for your injuries and losses can still be pursued. The claim would be made against the driver's estate and, more specifically, their automobile insurance policy.
What if the at-fault driver had no insurance or not enough to cover my injuries?
This is a frightening scenario, but you may still have a path to recovery. This is precisely why Illinois law requires all auto insurance policies to include Uninsured/Underinsured Motorist (UM/UIM) coverage. If the at-fault driver has no insurance, we will help you file an Uninsured Motorist claim with your own insurance company. If they have insurance but their policy limits are too low to cover the full extent of your damages, we can pursue an Underinsured Motorist claim.
Will I have to go to court?
Probably not. The vast majority of personal injury cases are resolved through a negotiated settlement without ever going to trial. Our goal is to achieve a fair settlement that fully compensates you for your losses—without going to trial. However, we prepare every single case as if it will ultimately be decided by a jury.
How much does it cost to hire your firm?
We handle all personal injury cases on a contingency fee basis. This means you pay absolutely nothing upfront. There are no retainers or hourly fees. We only receive a fee if we are successful in recovering financial compensation for you. Our fee is a percentage of the total recovery, so our interests are directly aligned with yours: to secure the best possible outcome for your case.
What is Chicago doing to prevent these crashes?
Recognizing the severity of the problem, local and state authorities have begun implementing new strategies to prevent these incidents. These efforts include installing advanced wrong-way vehicle detection systems on highway ramps that use radar to trigger bright, flashing "Wrong Way" and "Do Not Enter" signs. There is also a focus on improving the visibility of pavement markings and using more reflective materials to help guide drivers, especially at night.
Let Us Handle the Details, So You Can Heal
You are dealing with physical pain, emotional trauma, and financial uncertainty. The legal path is filled with complex procedures and unforgiving deadlines that you should not have to face on your own. Your energy must be reserved for your recovery.
Our energy is dedicated to securing justice for you. As experienced Chicago personal injury lawyers, we have the resources and experience to investigate the crash, build a powerful claim, and stand up to the insurance companies on your behalf. Let us take that weight off your shoulders.
Call Abels & Annes, P.C. now at (312) 924-7575 for a free, no-obligation discussion about your case.
David Abels
Partner
David Abels has carved a niche for himself in the personal injury law sector, dedicating a substantial part of his career since 1997 to representing victims of various accidents. With a law practice that spans over two decades, his expertise has been consistently recognized within the legal community.
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