What Types of Negligence Lead to Auto Accident Injuries?

Posted on August 13, 2026 in Car Accidents

Will County car accident lawyer

Each year, Illinois records hundreds of thousands of car crashes. With over 9 million drivers in the state, some people are bound to act negligently, increasing the risk of a car accident.

Driver negligence is a common cause of car accidents in Illinois and nationwide. If you or a loved one were injured in an auto accident due to another driver, contact an experienced Will County, IL personal injury attorney who can fight for compensation for medical bills, lost wages, and pain and suffering. At McNamara Phelan McSteen, LLC, we have over 150 years of total experience, and as a midsize, aggressive law firm, we have the resources to investigate a variety of different accidents.

What Are the Typical Causes of Car Accidents in Illinois?

Figuring out the cause of a car accident is key to securing payment. Here are some of the most common types of negligent driving that can cause car accidents:

Speeding

On every interstate and expressway in the Chicago metropolitan area, you are likely to see drivers speeding well over the posted speed limit on a daily basis. Speed reduces the time a driver has to react to sudden stops, sharp curves, or pedestrians stepping off a curb.

The faster a vehicle is moving, the more force it carries in a crash. That force often leads to more serious injuries for everyone involved.

Reckless Driving

Reckless driving covers a wide range of dangerous behavior behind the wheel. Weaving through traffic, tailgating, running red lights, and ignoring road signs are all common examples. The common thread between these behaviors is a serious disregard for the safety of others.

Distracted Driving

Distracted driving is one of the most common causes of car accidents in Illinois. A distraction is anything that pulls a driver's attention away from the road, even for a moment. Sending a text message, adjusting the radio, eating, or glancing at a GPS can all cause a driver to miss a red light, a slowing car ahead, or a pedestrian in a crosswalk.

At highway speeds, a vehicle can travel the length of a football field in just a few seconds. That is more than enough distance for a crash to happen when a driver is not paying attention. Illinois law prohibits the use of handheld devices while driving, but the behavior remains widespread.

Driving Under the Influence

Impaired driving remains a significant threat on Illinois roads. Drunk driving and driving under the influence of narcotics can result in slowed reaction time, decreased vision, reduced concentration, poor coordination, and impaired judgment.

What Can a Personal Injury Lawyer Do for You After a Car Accident in 2026?

With a complete investigation of your case, our personal injury lawyers can determine what factors played a role in the car crash in which you were injured. From there, we can build a case that clearly shows negligence on the part of the driver responsible for the accident. If the driver and their insurance company want to settle the case, your attorney can help you decide whether the offer fairly accounts for your medical bills, lost income, pain and suffering, and other losses.

Can You Still File a Car Accident Claim in Illinois if You Were Partially Negligent?

Illinois uses a modified comparative negligence rule in personal injury claims. Under this standard, you can still get paid for your damages after a crash even if you were partly to blame. However, there is a limit. If you are found to be more than 50 percent at fault, you cannot recover anything. If your share of fault is below that bar, your compensation will be reduced accordingly (735 ILCS 5/2-1116).

Insurance companies understand this rule well, and some will use it against you. An adjuster may try to exaggerate your share of fault in order to reduce what they have to pay. They might focus on minor details, take statements out of context, or place too much importance on anything that could make you look responsible for the crash.

The higher an insurance company can push your share of fault, the less compensation it may have to pay. An attorney can push back against these tactics, build a case grounded in the actual evidence, and work to make sure your assigned share of fault reflects what truly happened.

What Can You Do if the Insurance Company Disputes Negligence in a Car Accident Claim?

Insurance companies dispute negligence more often than most people expect. An adjuster may argue that the other driver was not at fault, that you share the blame, or that the evidence is unclear. This can feel discouraging, but it does not mean your claim is over.

From there, your attorney can negotiate on your behalf or take the case to court if a fair resolution cannot be reached. Insurance companies tend to respond differently when they know an attorney is prepared to litigate.

Does Illinois Recognize Punitive Damages in Car Accident Claims?

Most car accident claims in Illinois focus on compensatory damages. These cover medical expenses, lost income, damage to your property, and pain and suffering. Punitive damages are not meant to repay a victim for losses. They are meant to discourage especially reckless or malicious conduct.

Illinois courts do allow punitive damages in certain cases, but they are not awarded often. Punitive damages may be awarded when a driver's actions were especially reckless or showed a serious disregard for the safety of others. Extreme drunk driving, street racing, or deliberately dangerous behavior might rise to that level. If the facts of your case involve that kind of conduct, it is worth discussing with an attorney whether punitive damages could apply.