Highway Personal Injury Claims Can Be Complicated and Expensive 

 Posted on July 20, 2025 in Car Accidents

Car accidents on Illinois highways can cause devastating injuries. Many victims of these crashes are surprised by how complicated it can be to file a personal injury claim, even in cases where it seems obvious who caused the accident.

If you were injured in a highway car accident, you may find yourself dealing with a confusing and frustrating legal process while you try to recover. Several factors can make these claims more complex than expected, but you do not face this alone. A knowledgeable and experienced Kendall County, IL personal injury lawyer can help you navigate the process and do the hard work of a lawsuit so you can focus on moving forward.

Liability for Highway Accidents Is Often Shared or Disputed

One of the most complicated parts of a highway injury claim is determining who is legally responsible. In many highway crashes, more than one driver, or even a third party who was not part of the crash, may have played a role. Some examples of accidents with shared liability include:

• One car rear-ended you, but another vehicle may have caused you to brake suddenly. Both could share liability.

• A commercial truck lost control due to overloaded cargo, faulty brakes, and driver fatigue, with responsibility shared between the driver, their employer, and a maintenance provider.

• A car collided with yours, but poor road conditions, missing signs, or faulty traffic signals contributed to the crash, making a local or state government agency partially liable. 

Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. That means you can recover damages only if you were less than 50 percent at fault for the crash. Your compensation will also be reduced in proportion to your share of fault. For example, if your damages are valued at $50,000 and you are found to be five percent liable for the crash, you can receive no more than $47,500.

Insurance Companies Place Obstacles on Highway Car Accident Claims

Even when fault seems clear, insurance companies are rarely quick to offer fair compensation. Adjusters often try to argue that your injuries were not caused by the accident, or that you were partly to blame. You might have trouble getting anyone to answer you, or you could receive a lowball settlement before you know the full extent of your medical needs. If the crash involved multiple drivers or commercial vehicles, each party’s insurance provider might try to shift responsibility to someone else and avoid paying anything.

Highway Accidents Often Involve More Severe Injuries

Collisions on highways tend to happen at higher speeds, which means there is a higher likelihood of serious or long-term injuries, including spinal damage, brain trauma, broken bones, or internal injuries. Treatment can be expensive and may involve surgeries, physical therapy, and time away from work. 

A personal injury claim must account for the costs of emergency medical care and hospitalization, ongoing treatment and rehabilitation, lost wages, and reduced future earning potential. In severe cases, damages may also include pain and suffering, emotional distress, and a lowered life quality. Unlike basic property damage claims, these losses are harder to calculate and often require expert opinions or future care assessments.

Schedule a Free Consultation with a Yorkville, IL Car Accident Lawyer

If you were hurt in a highway accident, do not try to handle the claim on your own. Contact a Kendall County, IL personal injury attorney at Kendall County Injury Lawyers, a Division of Kanoski Bresney for a free consultation. We are ready to help you build a strong case and fight for the compensation you need. Call us today at 888-826-8682 so we can get started.