Unfortunately, motor vehicle collisions are part of life. According to a report from the Illinois Department of Transportation, there were 295,604 accidents in our state in 2021 alone. After an accident, it is crucial that you take proactive measures to protect your health, your well-being, and your right to make a legal claim. Determining fault for an Illinois car crash is key. Here, our Rolling Meadows auto accident lawyers provide an overview of the key things drivers should know.
Fault for a car crash in Illinois matters. Why? Similar to most but not all U.S. states, Illinois is a fault-based auto accident state. When an accident occurs, the driver, trucking company, or other party that is determined to be “at fault” is financially responsible for the damages and injuries. Every serious crash in Illinois should be thoroughly and proactively investigated.
You may want to know: How do they actually decide who is at fault for a car accident in Illinois? The short answer is the concept of negligence plays a pivotal role. Essentially, negligence is the failure to exercise the care that a reasonably prudent person would exercise in a similar situation. For a driver or other party to be held liable after an accident in Illinois, the following four elements of negligence must be established:
Modified comparative negligence is a doctrine adopted by Illinois for determining liability for a personal injury. It is vital for any accident. In cases where more than one party has a degree of fault, the compensation can be reduced proportionally. For instance, if you were found to be 20 percent at fault for an accident, any compensation you receive would be reduced by that 20 percent. Notably, there is a maximum threshold: Under Illinois law, if a person is found to be more than 50 percent at fault for an accident, they are barred from recovering any damages.
At SAM LAW OFFICE LLC, our Illinois auto accident lawyers hold at-fault drivers and big insurance companies accountable. If you have questions about determining fault after a crash, we can help. Give us a phone call now or contact us online to set up your no-cost, no-obligation consultation. We represent car crash victims in Cook County, DuPage County, and all across Northern Illinois.
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