I'm Scott DeSalvo. Downers Grove sits at the crossroads of I-355 and I-88, two of the busiest highways in DuPage County. And here's what makes Downers Grove car crashes different from crashes anywhere else in the Chicago suburbs: chain-reaction rear-end collisions. Multi-car pileups where four, five, or six vehicles stack up in a split-second. I've handled hundreds of these, and they turn on one specific point of Illinois law: the rear-end presumption.
If you understand the rear-end presumption, your case is worth 3x what it's worth if you don't. Most Downers Grove drivers — and most of their lawyers — never use it right.
Illinois case law (going back decades) establishes that in a rear-end collision, the following driver is presumed negligent. The rationale is simple: you're supposed to keep enough distance to stop. If you hit the car in front of you, you didn't keep enough distance — prima facie negligence. The burden shifts to the defendant to explain why he's not at fault.
In a chain-reaction crash on I-355, the presumption runs against every following driver for the car they hit. That's the good news. The bad news is that in a five-car pileup, drivers 2 through 5 all claim 'the car behind pushed me into the car in front.' That creates a mess of cross-claims and competing presumptions. Untangling it requires a lawyer who knows how to build the sequence of impacts with physical evidence, dashcam, and accident reconstruction.
Every at-fault driver's insurance, stacked. In a five-car pileup where you were car number three, you may have claims against the driver of car four (who hit you from behind) AND the driver of car two (whom you hit from behind, if they contributed to the chain). Commercial vehicles commonly involved in I-355/I-88 chains — delivery trucks, tradesman vans, trucks — all carry bigger policies. If a commercial truck started the chain, the whole case changes because one big policy may cover everyone's injuries.
Carriers in chain-reaction cases play dumb. 'We don't know who hit whom first.' 'We need to investigate.' 'We'll pay 20% of your damages based on our driver's 20% of fault.' All of that is stalling. The counter is to file quickly, depose the drivers before memories fade, and pull every piece of physical evidence — dashcam from any vehicle that had it, cell phone records for distracted driving, and reconstruction expert opinions when needed. DuPage County Circuit Court cases move fast when a plaintiff's lawyer pushes them.
DuPage juries are traditionally more conservative than Cook County juries, which means the defense plays every case hard. That changes the strategy — preparation has to be tighter, damages documentation has to be stronger, and the lawyer has to be ready to try the case. I've litigated in DuPage County for 30+ years and know the judges, the local rules, and the practice patterns of the major defense firms.
"Scott is absolutely fantastic. He will always go the extra mile for his clients. They always take the time to return phone calls at all hours and I highly recommend him to all my friends."
-Melissa Brooks
"Great people and Scott's a great lawyer. They helped me make the wisest decision for my case, and that's important in serious legal matters. I trust him completely. He is the one to call."
-Tony Skvarenina
"Beyond satisfied with the services I received from this law firm. Definitely recommend! They got me fully paid and all the doctor bills, too. If you want the best, this is the law firm for your injury case!"
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"Scott represented me and I was really pleased with everything, my car accident paid a lot and quick. If you want a good Lawyer who is responsive, and straight with you, I highly recommend him."
-Greg Garcia
Past and future medical expenses, past and future lost wages, loss of earning capacity, pain and suffering, loss of normal life, disability, and property damage. In serious chain-reaction cases, injuries tend to be more severe because the occupant gets hit multiple times from different directions — whiplash followed by secondary impact injuries. A careful medical record that documents the sequence matters.
Call 312-500-4500. Tell me where on I-355 or I-88, how many cars were involved, which car you were in, and what the police report says about the sequence of impacts. I'll walk you through how the rear-end presumption applies to your specific position in the chain. Free consultation 24/7. No fee unless we win.
In Illinois, a driver who rear-ends another vehicle is presumed negligent. The legal rationale is that you're supposed to maintain enough following distance to stop. The presumption shifts the burden of proof to the defendant to explain why he's not at fault. It's a significant advantage for plaintiffs in rear-end cases when the lawyer knows how to use it.
Probably multiple defendants. You likely have a claim against the driver behind you (who rear-ended you) and potentially against other drivers depending on the sequence of impacts. Untangling a chain-reaction crash requires physical evidence, dashcam when available, police report analysis, and sometimes accident reconstruction. I build the sequence on every case.
Advocate Good Samaritan Hospital in Downers Grove is the closest major trauma facility. For very serious injuries, paramedics may transport you to a Level I trauma center. Good Sam files hospital liens under the Illinois Health Care Services Lien Act (770 ILCS 23) - negotiating those down is part of my job at the end of the case.
A lot. Commercial motor carriers operate under the Federal Motor Carrier Safety Regulations (49 CFR Parts 390-399) and typically carry significantly larger insurance policies than personal auto policies. If the commercial truck was the lead cause of the chain, that policy may cover injuries for all the drivers involved. I check the registration of every commercial vehicle in the chain and pull the carrier's electronic logging device data, driver qualification file, and maintenance records before they can be lost.
Two years from the date of the crash under 735 ILCS 5/13-202. If a government vehicle was involved, the deadlines are much shorter - one year under 745 ILCS 10/8-101. But chain-reaction evidence disappears fast - dashcam files get overwritten, witness memories fade, vehicles get repaired before inspection. Call within days, not years. 312-500-4500.
Illinois follows modified comparative negligence under 735 ILCS 5/2-1116. If you are partially at fault, your recovery is reduced by your percentage of fault. If you are more than 50% at fault, you recover nothing. In chain-reaction cases, fault is often distributed among multiple drivers, which is exactly where the rear-end presumption matters most - it shifts the burden onto each following driver to explain why they should not be assigned fault. I challenge insurance company fault assignments with accident reconstruction, witness testimony, and traffic analysis.
Your own uninsured/underinsured motorist (UM/UIM) coverage under 215 ILCS 5/143a-2 applies. Illinois treats hit-and-run drivers as uninsured for UM purposes. When the at-fault drivers' policy limits run out, your UM/UIM coverage picks up the rest up to your own policy limits. In multi-car pileups, the at-fault drivers' insurance often does not cover all the damages - UM/UIM analysis is essential.
Nothing upfront. I work on contingency - I only get paid if we win. I front all costs: medical records, expert fees, filing fees, accident reconstruction if needed. If we don't recover money for you, you owe me nothing. Call 312-500-4500 for a free consultation.
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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