Anytime you are involved in a car accident it can result in painful injuries, emotional distress, and complicated legal matters. In Illinois, determining liability after an accident can have a significant impact on how damages and compensation are paid. Consult with an experienced Kane County car accident lawyer to obtain skilled representation during your case.
Is Illinois a No-Fault Accident State?
Many states have transitioned to no-fault systems meaning that individuals involved in accidents must first file a claim through their own insurance provider regardless of who is at fault. However, Illinois follows an at-fault system. Because Illinois is an at-fault state, the driver who is found to be negligent or responsible for the accident will generally be held liable for the damages.
As a victim of a car accident, you can recover medical expenses, vehicle damage, lost wages, pain and suffering, and more.
How Does Car Accident Liability Work in IL?
If you were involved in an accident in Illinois, understanding how liability works should be your first priority after recovering physically and mentally. Because Illinois is an at-fault accident state, liability must be established through evidence before any insurance claims or lawsuits can be resolved.
Fault and liability must be established by collecting various evidence including:
- Police reports
- Witness statements
- Expert testimony
- Video surveillance
- Traffic laws
Liability in Illinois is crucial to ensure the negligent party is held responsible and compensates victims, but fault in an IL accident can be shared.
What is Comparative Negligence?
Illinois operates under a comparative negligence system when it comes to liability. Comparative negligence means that even if you are deemed partially at fault for an accident, you may still be able to recover compensation. After reviewing the relevant evidence and details of the accident, a court will assign each party involved a percentage of fault for the collision and resulting damages.
For example, if the other driver ran a red light which caused the accident, they will be assigned most if not all of the blame. However, if your injuries were exacerbated because you were not wearing a seatbelt, you could be found partially liable for your injuries. In this case, the court may decide that the other driver was 90% negligent while you were 10% negligent. The percentage that you are liable for the accident reduces the amount of compensation you are entitled to. If your associated expenses were $10,000 you would only be eligible to receive 90% or $9,000 of the compensation.
Understanding comparative negligence is crucial when considering liability in auto accidents. While most accidents can be resolved through insurance claims, the process can be complicated and some cases end up in court. Understanding how liability works and the steps you need to take is crucial. Reach out to an experienced attorney for legal assistance and representation during your case.
