What Happens During a Car Accident Investigation?
Every car crash investigation follows a specific process and protocol. Law enforcement, attorneys, and insurance companies need to collect evidence to determine fault. While each case is unique, the key steps in a car accident investigation are usually similar.
Initial Response & Gathering Evidence
The investigation begins the moment the Chicago Police Department arrives at the scene. Officers will secure the area, ensure everyone receives medical attention, and begin gathering evidence. They will take photographs of vehicle damage, skid marks, injuries, and road conditions. This is a critical step in the investigation because the evidence collected at the scene forms the foundation of the entire investigation. If the crash is severe, traffic reconstruction experts might also be called to analyze the physics of the collision (speed, impact angle, momentum, and energy transfer to understand how the crash occurred and why damage or injuries happened).
Filing an Official Police Report
After gathering evidence and speaking to witnesses, the responding officer will write an Illinois Traffic Crash Report. This document outlines the details of the crash including date, time, weather conditions, and the officer’s initial assessment of fault. In Illinois, crash reports are usually available within 3 to 10 business days after an accident. More complex investigations, fatal accidents, or requests by mail can take two weeks or longer. To request a crash report, also go to the Chicago Police Department’s website and fill out their online form.
Witness Interviews
Witness testimony adds important context that physical evidence alone can lack. Officers interview drivers, any passengers, and bystanders, to understand how the accident happened. Insurance adjusters will conduct their own interviews, often reaching out to the drivers involved for recorded statements. Only talk to your insurance company and just state the facts. Don’t speculate or say anything that could make them think you were at-fault. The other party’s insurance company may try to contact you, but don’t talk to them because they could get you to say something that could later affect your settlement. This is why hiring Postman Law’s experienced Chicago car accident attorneys is important to protect your rights so we can deal with the insurance companies on your behalf.
For a free legal consultation, call 844-721-1656
What Can Delay a Car Crash Investigation in Chicago?
Several factors can cause an investigation timeline to go from a few weeks to several months.
Severity of the Car Accident
Severe crashes require a deeper investigation that can take longer than expected. Investigators usually look at vehicle maintenance records, cell phone logs, and potentially toxicology reports if impaired driving is suspected. If accident reconstruction teams need to build a 3D model of the crash, this can cause the investigation to extend to several months.
Multiple Parties Involved
When a crash involves three or more vehicles, who is at-fault becomes more complicated. Each driver has their own insurance company, and these companies will often dispute who is responsible for the accident. In some accidents, the other driver may be uninsured.
If a commercial vehicle was involved in the accident, this adds another layer of complexity. If you’re hit by an 18-wheeler, the company’s legal team and insurers get involved. They will conduct their own investigations to protect their best interests.
Your attorney will also investigate the accident by requesting medical records, video footage, pictures, the police report, and the black box, if you’re hit by a commercial truck.
Weather Conditions
Chicago winters are notoriously harsh due to snow, black ice, and heavy rain which cause serious hazards on the road. Investigators must determine if a driver was acting recklessly or if the weather made the crash unavoidable. Sorting out these details takes extra time and careful analysis.
Police Report & Insurance Backlogs
The Chicago Police Department handles hundreds of crash reports every single week. Due to administrative backlogs, it could take longer than expected just to get your official crash report processed and uploaded into the system.
Insurance companies often experience seasonal backlogs, especially during major winter storms when adjusters are inundated with hundreds of claims at once. Your claim might be sitting in an adjuster’s queue, potentially delaying the investigation and settlement process.
Why You Need a Chicago Car Accident Attorney After a Crash
If you’ve been in a car accident in Chicago, having an experienced attorney from Postman Law on your side is important to ensure your rights are protected and you receive a fair settlement. Navigating the claims process alone can be overwhelming when dealing with insurance companies and disputed fault as you’re trying to recover. Our Chicago car accident attorneys will start investigating the crash right away, gather key evidence, and handle negotiations with insurance companies. Postman Law is dedicated to fighting for your rights, keeping you updated every step of the way, and advocating for maximum compensation. Contact Postman Law 24/7 at 844-POSTMAN or by filling out our online form. Our Chicago personal injury law firm is located at 150 N. Riverside Plaza Suite 4100 Chicago, IL 60606 and our local phone number is: 312-561-9318.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
FAQs
Click to contact our personal injury lawyers today
Nothing! Postman Law works on a contingency fee basis, which means you don’t pay anything upfront. We only charge a fee if we win your case or secure a settlement for you. The fee is typically a percentage of the total compensation you receive.
Complete a Free Case Evaluation form now
In Chicago, crash reports are usually available within 3 to 10 business days, but more complex investigations or fatal accidents can delay availability for two weeks or longer.
If you’ve been in a car accident in Illinois, fault is determined based on police reports, witness statements, insurance investigations, and accident evidence like photos, videos, and medical records. It’s important to consult with a Postman Law Illinois car accident attorney as soon as possible so your rights can be protected and we can start an investigation.
While an attorney cannot control the entire investigation, Postman Law’s accident attorneys work quickly to collect evidence, make sure deadlines are met, and communications with insurance companies are handled promptly to help prevent unnecessary delays.
While waiting can be frustrating, thorough investigations are crucial to determine fault and make sure you receive fair compensation.
Car accident settlements in Chicago can range from a few thousand dollars to the upper five figures, and serious injury cases may exceed six figures. There is no standard payout because settlement amounts depend on factors like injury severity, medical costs, lost wages, insurance limits, fault, and pain and suffering.
Disputes over settlement terms, payment amounts, or deductions can slow the release of funds until they are resolved.
In most cases, the settlement check is sent to your attorney first. They deposit it into a trust account, deduct fees and costs, then issue your portion.
In Chicago, insurance companies usually issue settlement checks within 2 – 6 weeks after receiving a signed release. Insurance guidelines generally recommend issuing settlement payments within 30 days, factors such as processing delays, trust account clearance, and the resolution of medical liens could extend the timeline to several months.
Postman Law’s car accident attorneys work on a contingency fee basis, which means you only pay if we win.
In most cases, car accident settlements in Chicago are not subject to federal or Illinois state income taxes. To learn more about what’s taxable on a settlement and what’s not, read this blog.
Postman Law specializes in personal injury cases, including car and truck accidents, slip-and-fall injuries, medical malpractice, product liability, wrongful death, workplace injuries, and more. Our attorneys have secured over $3 billion for more than 1.4 million clients.
We move quickly to gather evidence, thoroughly investigate your case, negotiate with insurance companies on your behalf, and represent you in court when necessary. You pay nothing up front. We only collect a fee if we secure compensation for you.
Throughout your case, we stay in close communication, answering your questions, explaining your options, and guiding you every step of the way. Contact us today to schedule a free case consultation.
Celebrating Our First Pitch: Postman Law at the MN Twins Opening
In 2003, armed only with ambition and a U-Haul, I and a few fellow Michigan grads rolled into the Twin Cities to start our law school journey at the U. Our first memorable stop? The iconic H.H.H. Metrodome.
Comparative Fault Explained
When you’re injured in an accident—whether it’s a car crash on the Dan Ryan Expressway in Chicago or a slip-and-fall incident at a neighborhood grocery store—one of the first questions that comes up is: “Who’s at fault?” In Illinois, answering this question often involves comparative fault (also called comparative negligence).
Postman and Roden Law File Wrongful Death Suit against Lil Durk
Today, Postman Law and Roden Law filed a wrongful death lawsuit in Cook County on behalf of the family of Saviay’a Robinson. The suit targets those responsible for the tragic death of Robinson in Los Angeles.
Call or text 844-721-1656 or complete a Free Case Evaluation form