When it comes to determining who is liable for the injuries and damages caused by an accident, a number of factors are taken into consideration.
Depending on the case, only one driver or several drivers are found liable to provide financial compensation for the damages caused. Thus, it is important to understand how driver negligence is determined in an accident lawsuit. The first thing to do is to understand what exactly ‘negligence’ refers to in the court. In simple terms, it refers to a careless act or behavior by a person that caused an accident. For instance, a driver could be negligent for not following the traffic rules on the road, for driving under the influence of alcohol, for running a red light, etc. Even the owner of a car that caused the accident could be found negligent for allowing certain individuals to drive their car. As previously mentioned, more than one driver could be responsible for an accident. In such cases, each responsible driver needs to pay a share of the compensation, depending on the degree to which their negligence contributed to the cause the accident. This means that the court evaluates the mistakes made by each driver who are responsible for the accident (see comparative negligence). This may reduce the amount of compensation that a victim is claiming, if they are also found partially responsible for the accident. The accident law in Illinois follows a modified comparative negligence standard, under which the victim may not be able to recover the damages if they was more than 50 percent responsible for the accident. Such complex accident lawsuits often require calling direct witnesses in order to determine the degree to which the victim was responsible for the accident. In some cases, the town, city, or state may be held responsible for the accident for several reasons, such as not ensuring proper lighting in the streets or not keeping the road in proper conditions. In such a case, the town, city, or state shares the negligence as a third party.
Chicago Car Accident Lawyers
It is therefore important to consult experienced Chicago car accident lawyer who understands the accident laws inside out, and how driver negligence is determined in an Illinois court. It is important to call the lawyer as soon as possible after an accident, because a slight delay in legal action may reduce the amount of damages that one can recover in a negligence claim. Call (312) 957-4166 to discuss your claim for free with an experienced personal injury attorney at Willens Law Offices.