CHICAGO, IL – Illinois car accidents eighth out of all 50 states. Serious and fatal car crashes happen daily in Chicago and its surrounding areas.
The Concept of Fault and Liability in Illinois Car Accidents
If you are involved in an accident, car insurance policies provide financial protection; however, how the claim is settled will vary depending on which state and fault laws you live under. In Illinois, fault and liability for car accidents are determined under a fault-based system, also known as tort liability:
- Fault Determination: the party responsible for causing the accident is considered at fault. Fault is determined based on negligence, such as breaking traffic laws, distracted driving or reckless behavior.
- Comparative Negligence: Illinois follows a modified comparative negligence rule. If a driver is found to be more than 50% at fault, they cannot recover damages. If a driver is 50% or less at fault, they can recover damages but the amount will be reduced by their percentage of fault. For example, if you are 30% at fault, you can recover 70% of the total damages.
- Liability: the at-fault driver (or their insurance) is liable for damages, including medical expenses, property damage, lost wages, and pain and suffering. In some cases, third parties (e.g., employers if the driver was working, car manufacturers for defects) can also be held liable.
- Insurance Requirements: Illinois requires drivers to carry minimum liability insurance: $25,000 for bodily injury per person, $50,000 per accident and $20,000 for property damage. Uninsured motorist coverage is also required.
- Filing a Claim: Victims can file a claim with their own insurance, the at-fault driver’s insurance or file a lawsuit, if necessary. If you’ve been involved in a car crash, you should consult with an attorney to navigate the complexities of fault and liability in car accidents.
Proving Your Case
Now, let’s get practical. Follow these steps to build your case after getting into an accident in Illinois:
- Gather evidence:
- Take photographs at the scene of the accident, vehicle damage and any visible injuries.
- Collect contact information and statement from witnesses.
- Exchange information with other driver(s) involved, including names, addresses, phone numbers, insurance details and license plate numbers.
- Seek medical treatment:
- Get a thorough medical examination as soon as possible, even if you feel fine. Some injuries may not be apparent immediately.
- Follow all medical advice and keep records of treatments, medications and doctor visits.
- Notify your insurance company:
- Report the accident to your insurance company promptly.
- Provide them with accurate details but avoid admitting fault or giving recorded statements without consulting an attorney.
- Document everything:
- Keep detailed records of all expenses related to the accident, including medical bills, repair costs and any out-of-pocket expenses.
- Maintain a journal documenting your injuries, pain levels and how the accident has impacted your daily life.
When to Contact a Personal Injury Lawyer
If you find yourself swimming in a sea of legal complexities, it’s a clear sign you need to enlist the help of a personal injury attorney. An experienced personal injury lawyer will evaluate your case and guide you through the legal process. In addition, they will help gather additional evidence, negotiate with insurance companies and represent you in court, if necessary.
The Skilled Personal Injury Lawyers at the Dinizulu Law Group in Illinois
In the maze of car accident aftermath, understanding fault and liability laws in Illinois is your beacon of hope. With this knowledge, you can confidently navigate the twists and turns, ensuring your rights are protected, and your compensation is just.
Remember, whether you’re dealing with complex insurance negotiations or legal intricacies, you don’t have to go it alone. The seasoned attorneys at our firm are here to guide you. With our expertise, you can rest assured that your case is in capable hands. Don’t hesitate — take the first step toward securing the compensation you deserve.
Contact us for a free, no-obligation consultation today! Call (312) 384-1920 or fill out this form to start your path to justice today.
