When you are a passenger in a motor vehicle, whether you are riding shotgun or relaxing in the backseat, you have little to no control over what happens during your journey. Getting into a car crash can be jarring and traumatic, often leaving drivers and passengers alike with serious injuries and other damage. If you were a passenger and were involved in a car accident you may be able to sue the negligent party for compensation. Work with a skilled Kane County car accident lawyer for experienced representation during your case.
What is Liability?
Liability is the most important legal factor in a car accident case. In order for a victim of an accident to recover compensation for their medical expenses and damages, liability must be established. It essentially determines who was responsible for the accident whether it was from negligent, reckless, or malicious behavior.
Liability is established by examining evidence like surveillance footage, where the vehicles collided, eyewitness testimony, physical evidence, and more. Only once liability has been determined can legal action be taken.
Is Illinois a No-Fault Accident State?
Illinois is not a no-fault accident state. It is instead an at-fault or tort state, meaning that the individual who is found to be responsible for a car accident is also responsible for paying for the resulting injuries and property damage.
If you were injured as a passenger you have the right to pursue a claim against the at-fault driver’s insurance. This can cover compensation for medical bills, lost wages, pain and suffering, and other related expenses. Whether another driver or the driver of the vehicle you were in was negligent, you are entitled to compensation.
Can I Sue if I am a Passenger in a Car Accident?
Yes, in Illinois a passenger who is injured in a car accident can sue one or both drivers involved depending on who was negligent. It is generally recommended that victims pursue insurance claims first, but if the claim is denied or does not cover the total associated costs, a lawsuit can be filed.
Under Illinois law, as a passenger, you are afforded certain rights including the right to compensation for injuries sustained in an injury, regardless of whether you were in the vehicle that caused the accident or not.
When suing after a car accident you, as the plaintiff, must provide evidence of the negligent party’s liability. To file a lawsuit successfully you will need to establish that the driver owed you a duty of care, demonstrate how they violated that duty, show that the violation of the duty directly caused your injuries, and provide evidence of the damages you sustained as a result.
Understanding your rights and legal options after being injured as a passenger in a car crash is crucial to ensure you can be fairly compensated. Contact a skilled attorney today to begin discussing your case.
