Merging accidents on major highways like I-90 are some of the most common types of accidents. They occur when drivers misjudge their speed and other drivers’ intentions when they overtake, change lanes, enter and exit the highway. Because of the speed that most vehicles are moving at on a busy stretch of an interstate or other busy highway, merging accidents can sometimes lead to horrendous injuries.
You have the right to claim compensation after a merging accident in Illinois as long as it can be confirmed that the driver who hit you was at least 50% to blame for the accident. An experienced personal injury attorney can help you decide whether to make a claim.
Interstate-90 in Illinois
I-90 is the longest interstate in the U.S. It begins in Seattle in Washington and ends in Boston Massachusetts, passing through 11 other states on the way. It has a total length of 3,020.5 miles, of which only 124 are wholly in the state of Illinois. Much of I-90 in Illinois is tolled.
Like other important highways it has acquired individual names along its length. As the highway passes right through Chicago, the sections on either side are better known by their individual names than as I-90. As I-90 enters Chicago it is known as the Kennedy Expressway and as it approaches and enters Indiana to the East it is known as the Chicago Skyway.
What to Do If Hit While Merging On I-90
There is an established procedure when filing a personal injury lawsuit in Illinois after a merging accident. You must have sufficient proof that the driver who hit you while merging was at least 50% at fault as Illinois has a modified comparative negligence rule.
This means that claims are calculated in proportion to the amount of blame attached to each person in the claim. For example, if the claim is for $20,000, but it is determined that the plaintiff was 10% at fault, then he or she will obtain a maximum of 90% of the compensation claimed.
Illinois, like all other states, has a statute of limitations which limits the time for claims for compensation to be made after injuries caused by a merging accident. The limit is two years in Illinois from the date of the injury.
Evidence to Gather If Hit While Merging On I-90
It is essential to prove that the driver who hit you when merging was at fault. The sort of evidence that can help prove negligence occurred includes crash scene photos, mechanics reports of your damaged vehicle, any witness statements, a police report, medical reports and bills that are associated directly with your injuries.
A personal injury attorney can help give advice on which evidence should be made available to support a claim for compensation.
Hire an Attorney
It is advisable to contact an experienced personal injury attorney as soon as you can after recovering from a merging accident. Even though the state’s statute of limitations is two years, generally, the sooner a claim is filed the more likely it will be successful. Your attorney can help you decide whether there is a reasonable chance of claiming fair compensation and will help negotiate with the defendant’s insurer.
