Illinois Wrong-Way Accident Lawyers

5-Star Rated Injury Attorneys for Victims of Head-On Crashes throughout Illinois

Wrong-way car accidents are among the most catastrophic crashes on Illinois roadways. These accidents often result in head-on collisions, which carry a high risk of serious injury or death. While relatively rare compared to other types of crashes, wrong-way accidents are disproportionately deadly.

If you or a loved one has been injured in a wrong-way crash, it’s critical to understand the causes, the legal implications, and how you can recover compensation. At John J. Malm & Associates, our top-rated Illinois car accident lawyers have a combined 90 years of experience representing victims injured in wrong-way accidents.

What Is a Wrong-Way Accident?

A wrong-way accident occurs when a driver travels against the legal flow of traffic and collides with another vehicle. These crashes most often happen on divided highways, interstates, and freeway off-ramps. Because of the speeds involved and the head-on nature of the collisions, wrong-way crashes often result in devastating injuries or fatalities.

How Common Are Wrong-Way Accidents?

According to a 2021 report from the AAA Foundation for Traffic Safety, wrong-way crashes on divided highways in the U.S. caused approximately 2,008 deaths between 2015 and 2018, averaging about 500 fatalities per year. That marked a 34% increase from the previous four-year period (2010–2014).

Illinois Wrong-Way Driving Statistics

In Illinois, the numbers also point to a troubling trend:

• The Illinois Department of Transportation (IDOT) reports that wrong-way crashes caused over 50 fatalities in the last five years statewide.
• The Illinois Tollway has implemented a wrong-way detection system at certain interchanges due to the growing number of incidents.
• In the Chicagoland area, wrong-way crashes tend to occur most frequently on I-290, I-294, and I-90.

While wrong-way accidents account for just 3% of highway crashes, they cause over 20% of fatalities on divided highways, making them disproportionately dangerous.

Common Causes of Wrong-Way Accidents

Wrong-way accidents rarely happen by accident—they are usually the result of preventable human errors or serious negligence. The most common causes of wrong-way crashes include:

1. Drunk or Impaired Driving

Alcohol is the single most common factor in wrong-way crashes. The AAA Foundation found that 60% of wrong-way drivers were impaired by alcohol at the time of the crash.

Drunk and high drivers often become disoriented and enter highways using exit ramps or drive on the wrong side of divided roads.

2. Older Drivers

Drivers aged 70 and older are more frequently involved in wrong-way crashes. Cognitive decline, poor vision, and slower reaction times can contribute to confusion on roadways, especially splint lane highways.

3. Distracted Driving

Texting, GPS use, or even talking on the phone can cause a driver to miss road signs and enter a highway incorrectly.

4. Fatigue

Tired drivers are more likely to make directional errors, especially late at night when visibility is low.

5. Poor Road Design or Signage

In some cases, a lack of visible “Do Not Enter” or “Wrong Way” signage may contribute to the accident. Improper road design or poor lighting can also mislead drivers.

When and Where Do Wrong-Way Crashes Happen?

Wrong-way collisions often follow predictable patterns:

• Time of Day: Most wrong-way accidents occur between midnight and 6 a.m.
• Day of Week: Weekends see a higher number, often associated with nightlife and alcohol use.
• Location: Off-ramps, one-way streets, and divided highways are the most common sites.
• Direction: A large number of incidents involve a driver entering an off-ramp instead of an on-ramp.

These patterns help transportation officials install better prevention systems—but they also provide evidence in personal injury cases.

Who Is Liable in a Wrong-Way Accident?

In most wrong-way accidents, the driver traveling against traffic is presumed to be at fault. However, there can be multiple parties that share liability:

1. Negligent Driver

If a driver was intoxicated, distracted, or otherwise negligent, they are likely liable for injuries and damages.

2. Bar or Restaurant

Under Illinois’ Dram Shop Act (235 ILCS 5/6-21), a bar or restaurant that overserved the wrong-way driver may be held liable for injuries caused.

3. Government Entities

If poor signage, lighting, or road design contributed to the crash, a municipality or the state may be partially liable.

4. Vehicle Manufacturer

In rare cases, a mechanical defect—such as a stuck accelerator or steering malfunction—might play a role, which could implicate the manufacturer.

Common Injuries in Wrong-Way Crashes

Wrong-way collisions are often head-on crashes, which carry a high likelihood of severe injuries, including:

• Traumatic brain injury (TBI)
• Spinal cord injuries and paralysis
• Broken bones and crush injuries
• Internal organ damage
• Facial fractures and disfigurement
• Burns and lacerations
• Wrongful death

These injuries often require long-term medical care and lead to substantial financial losses.

What Should You Do After a Wrong-Way Accident?

If you or someone you love was involved in a wrong-way crash in Illinois, take the following steps to protect your health and your legal rights:

1. Seek Medical Attention Immediately – Even if injuries seem minor, get evaluated.
2. Call 911 – A police report is essential in proving fault.
3. Document the Scene – Take photos of the vehicles, road signs, and injuries if possible.
4. Gather Witness Information – Get names and contact information from anyone who saw the crash.
5. Do Not Admit Fault – Stick to the facts when talking to police or insurance adjusters.
6. Speak to a Personal Injury Lawyer – The sooner you speak to an Illinois car accident attorney, the better your chances of building a strong claim.

Compensation in Illinois Wrong-Way Accident Cases

Victims of wrong-way accidents may be entitled to several forms of compensation, including:

• Medical expenses (past and future)
• Lost income and reduced earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• Disfigurement or disability
• Wrongful death damages (if a loved one was killed)

Illinois follows a modified comparative negligence rule (735 ILCS 5/2-1116). This means you can still recover damages if you were less than 50% at fault, but your compensation may be reduced by your percentage of fault.

Frequently Asked Questions about Wrong-Way Accidents

1. What causes wrong-way accidents?
Wrong-way accidents are often caused by driver error, intoxication (drugs or alcohol), confusion due to poor signage or road design, or distracted driving. In some cases, elderly drivers or those unfamiliar with the area may mistakenly enter highways via exit ramps.

2. Who is usually at fault in a wrong-way accident?
The driver going the wrong way is almost always at fault, as Illinois traffic laws clearly prohibit driving against the flow of traffic. However, fault can sometimes be shared or questioned if poor road design or lack of signage contributed to the crash.

3. Can I sue if I was injured by a wrong-way driver?
Yes. If you were injured due to someone else driving the wrong way, you may have a strong personal injury claim. You can pursue compensation for medical bills, lost wages, pain and suffering, and other damages.

4. What kind of injuries are common in wrong-way crashes?
Because these collisions are often head-on and high-speed, they tend to cause serious injuries such as traumatic brain injuries, spinal cord damage, broken bones, internal injuries, and fatalities.

5. How can an attorney help after a wrong-way accident?
A Naperville car accident attorney can investigate the crash, gather evidence, deal with insurance companies, and fight for maximum compensation. They can also help prove liability and handle complex issues like comparative fault or wrongful death claims.

Why You Need an Illinois Personal Injury Lawyer After a Wrong-Way Crash

Wrong-way accident cases are rarely straightforward. Multiple parties may be involved, and insurance companies often try to minimize payouts by blaming victims or disputing the severity of injuries.

An experienced personal injury attorney can:

• Investigate the cause of the crash
• Gather evidence including police reports, witness statements, and expert testimony
• Handle communication with insurers
• Pursue all liable parties, including municipalities or businesses
• Fight for the full compensation you deserve—through settlement or trial

Contact the Top-Rated Illinois Wrong-Way Accident Lawyers at John J. Malm & Associates

At John J. Malm & Associates, we’ve helped countless victims of serious car accidents—including devastating wrong-way crashes—get justice and financial recovery. We understand the pain and uncertainty you’re facing, and we’re here to stand by your side every step of the way. Call us today at 844-MALMLAW or contact us online for a free, no-obligation consultation.