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Aurora IL Car Accident Lawyer

Millions of Dollars Recovered for Our Clients

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Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

Aurora, which is just outside the Chicago, IL metro area, is Illinois’s second-largest city and home to about 200,000 people. Known to some as the “City of Lights,” Aurora also extends into four different counties – DuPage, Kane, Kendall, and Will – and over one-third of the population is between 25 and 44 years old.

We at Mike Agruss Law proudly serve citizens of Aurora in personal injury cases, including when you or a loved one has suffered injuries or wrongful death in an accident. Our Aurora car accident attorneys are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you receive full financial compensation for all injuries and losses resulting from the car accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services. Contact us today for a free case evaluation.

Common Causes of Car Accidents

Car accident cases are among the most common types of personal injury claims: according to the Illinois Department of Transportation, there were more than 250,000 car crashes in the state in 2020. Here are some common examples of mechanical problems in vehicles which may result in car accidents:

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Brake/tire failures

Drivers must ensure that their tires are fully inflated and have proper traction, and worn-out brake pads or defective brake-line systems can also be dangerous, as they significantly reduce the driver’s ability to stop.

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Lighting system failures

Visibility is essential when driving in inclement weather, and drivers must ensure that all of their lights are working properly. Unfortunately, many drivers may not realize they have a lighting-defect until they are caught in poor weather conditions, so it’s important to check them regularly even when it isn’t absolutely necessary.

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Steering/suspension failures

Loss of steering control means lost control of the vehicle, which can be dangerous and even deadly if a driver careens into a fixed object or one or more vehicles.

Negligence in Car Accidents

However, most car accidents result from a driver’s poor judgment or decision-making. Here are the most common driver errors:

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Disregard for other vehicles

Many car accidents result from a driver’s failure to check his/her blind spot or identify vehicles, motorcyclists, bicyclists, or pedestrians who have the right-of-way in a given situation; these are particularly common at night and in poor weather conditions.

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Distracted driving

Distractions to drivers have always existed, but not to the extent that smartphones and similar devices have taken it today. Distraction by electronic devices while driving now results in serious and even fatal auto accidents on a daily basis and is a contributing factor in more auto accidents than ever before, and we strongly encourage all drivers to put their phones and other devices away when behind the wheel.

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Intoxicated driving

Intoxicated driving remains a problem, and drunk driving now results in as much as one-third of all auto-related deaths. These are very serious and preventable accidents and intoxicated drivers must be held accountable for the damages that result from their negligence.

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Speeding and reckless driving correlate strongly to serious injuries sustained in car accidents, and it remains a common factor in accidents overall. It’s important for drivers to understand that speeding is ultimately ineffective for getting them to their destinations quicker, as violating speed-limits may only result in one or two minutes saved at most and is not worth the increased risk of an accident.

What to Do After a Car Accident

While car accidents are never expected, it’s important for drivers of all ages to understand the necessary steps to take after an accident has occurred, provided that they are safely able to do so.

Under Illinois state law, drivers who have been involved in an auto accident must report it to Illinois Department of Transportation (IDOT), and this report must be submitted as soon as possible if the driver was responsible for the injury or death of another person and/or $1,500+ in damage. Accidents must also be reported using a Motorist Report form or Illinois Traffic Crash Report form.

Fatal Traffic Crashes by Travel Choice, City of Chicago, 2012–2016

The Steps to Take after A Car Accident

While car accidents vary, here are the ideal steps to take following an accident:

Contact the police

Simply relay the facts of the case and follow any instructions when an officer arrives on the accident scene. Before leaving, be sure to request a copy of the police report or instructions for how to obtain it once it is filed.

Inform your insurance company without admitting fault

Some insurance companies have time-limits for car accident victims to inform them of the accident. Be honest about the facts of the accident, but do not admit fault, make any legal conclusions, or say anything that could be used against your insurance claim at a later time.

Receive medical attention

Seek a full medical evaluation as soon as possible, even if you do not believe you’ve been seriously injured. Some injuries from motor vehicle accidents, even serious injuries, do not produce symptoms until hours or even days later, so it’s important that any potential injuries are identified and evaluated immediately.

Exchange information with the other driver

Exchange full legal names, addresses, phone numbers, insurance carriers, license plate numbers, and other necessary contact information with the drivers involved.

Take necessary notes and photographs

Write down any important details or circumstances pertaining to the accident, at-fault driver, or surrounding scene, as they will be valuable later in proving the defendant’s negligence. Also take pictures of the damaged vehicles, the accident scene, any visible injuries, and anything else relevant to the accident.

Obtain witness-statements

If anyone directly witnessed the accident, use a notepad or even a smartphone or similar recording device to obtain statements if they are willing to provide them; these statements will help to prove negligence later.

Contact an experienced car accident lawyer

Our Aurora car accident lawyers are here for you every step of the way to ensure that your rights are protected and you receive maximum compensation for your injuries and losses. Call us today for a free consultation regarding your personal injury claim.

Fatalities / Fatal Crash Overview

Insurance Claims

The insurance companies involved and the injuries you sustained may be factors in whether a lawsuit will be necessary, but there are multiple steps you can take to ensure that your claim can be resolved in a fair and timely manner. Here are some forms of information that can be provided to the insurance company:

Complete medical bills and records from all doctors, hospitals, and health care providers;

Reports from treating physicians or medical professionals regarding your injury, its permanency, and necessary treatment;

Lost-wage verification from your employer and tax returns to support your wage-loss claim;

Photos of your injury;

Police reports and witness statements;

Reports from accident-reconstruction experts or similar specialists to help determine damages and liability.

Car Crash Evidence to Prove Fault

For an Aurora car accident lawyer to prove their case, they must first establish liability. Part of that is determining fault, but the case relies on your personal injury lawyer’s abilities to establish the following four elements:

Duty of Care

This refers to the responsibility of all drivers to respect the rules of the road and safely operate their vehicles. Every driver on the Illinois roadway owes a duty of care to other drivers.

Breach of Duty

For an Aurora car accident attorney to prove their case, they must show that the other driver somehow breached their duty of care. This breach could be from committing a traffic violation, driving carelessly, or failing to maintain the safety equipment on their vehicle.


A car accident lawyer must show that the defendant’s breach of duty was responsible for the car accident. Under Illinois comparative negligence law, the plaintiff does not have to prove that the defendant was entirely responsible for the car accident. As long as the defendant is more than 50% responsible, the plaintiff can collect compensation in proportion to their negligence.


Finally, personal injury attorneys must show damages. Property damage, medical bills, and time missed from work are all examples of damages you may suffer.
During your initial consultation, we will review your car accident claim to determine whether or not it meets all four conditions. If they do, we can offer you immediate representation.

Parties Who May Be Liable for Your Injury

While many car accidents are the fault of the other driver, they frequently are not the only parties who are liable. For instance, if you’re involved in a commercial truck accident, the trucking company may share partial responsibility. In most cases, the insurance company will be a co-defendant to the person operating the vehicle. A seasoned attorney will look at all possible defendants to help you realize maximum compensation for your injuries.

Different Types Of Losses

Under Illinois law, there are three categories of compensation that accident victims can receive in personal injury cases. Economic damages and non-economic damages are compensatory in nature. These damages are intended to reimburse the accident victim for the losses they incurred. Punitive damages are considered non-compensatory. They are intended to punish the defendant.

Economic Damages

Examples of economic damages include the cost of medical treatment, lost wages, vehicle damage, etc.

Non-Economic Damages

This type of damage is also referred to as “pain and suffering.” These are the intangible costs of an accident, such as physical pain, emotional trauma, and loss of quality of life.

Punitive Damages

These damages are usually reserved for cases where the defendant behaved egregiously or intentionally. For example, if a drunk driver caused an accident resulting in severe injuries to the plaintiff, the court may determine that punitive damages are awarded.
There are no damage caps in the state of Illinois. That means that car accident lawyers can pursue full and fair compensation on behalf of their clients for their medical expenses, lost income, pain and suffering, and more.

Types of Vehicle Accident Injuries

While all types of injuries are possible in auto accidents, these are some of the more common ones that our Aurora car accident attorneys see routinely.

Accident victims often make the mistake of not following up with medical professionals after an auto accident occurs. They’re under the impression that this will somehow hurt their car accident claims with the insurance company. This is not the case. If you’ve been injured in an accident, seek medical attention immediately.

How Our Aurora Car Accident Attorneys Can Help You

If you hire an attorney from Mike Agruss Law, they can provide the following services:


  • Calculate your damages
  • Review the police reports, medical reports, and any other documentation for the auto accident
  • Subpoena and depose witnesses
  • File a demand letter with the insurance company
  • Negotiate with the insurance company and attorneys
  • File a lawsuit
  • Consult with traffic crash investigators and expert medical witnesses
  • Provide letters of protection to ensure you are able to get the medical attention you need


Our personal injury lawyers work on a contingency basis. That means that we only get paid upon the successful completion of your personal injury case. Call today for a free consultation.

Aurora, IL Car Accident FAQ

These are some of the most common questions that personal injury lawyers receive regarding accident claims. For answers to your questions, contact Mike Agruss Law for a free, no-obligation consultation.

What is the statute of limitations for an Illinois car accident?

For most Illinois car accidents, the statute of limitations is two years from the date the accident happened. In wrongful death cases, the statute of limitations is two years from the date of death.

Why should I hire a car accident attorney?

In the days following a car accident, the insurance company will likely offer you a quick settlement. The catch is that you will have to sign a waiver of liability to receive the money. Without an attorney, you probably won’t get what you deserve. While fast money might be tempting, you could leave a substantial amount on the table. An attorney will negotiate with the insurance company to ensure that you get a full and fair settlement. Otherwise, you can pursue damages through litigation.

Are there different types of car accident attorneys?

Aurora personal injury lawyers frequently represent clients in different types of cases. You may see pedestrian accident lawyers or Uber/Lyft accident attorneys. Before committing to a lawyer, make sure they have specific experience with the type of accident that you were involved in. The attorneys at Mike Agruss Law have extensive experience with various types of car accidents. Call today to talk to a skilled Illinois personal injury lawyer.

Contact us Today!

If you or a loved one has suffered injuries in a car accident due to another’s negligence, contact Mike Agruss Law for a free case evaluation. We are a personal injury law firm, and helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people and not the powerful, we will file your car accident claim and take care of the insurance adjusters, medical bills, property damage, and lost wages. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, our car accident attorneys are not paid attorney fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

We are listening

We will respond to you at lightning speed. All of your information will be kept confidential.

We are listening

We will respond to you at lightning speed. All of your information will be kept confidential.

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