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Lake County personal injury attorney car accident

In Illinois, any person found “at fault” in an incident involving bodily injury or physical damage to property will be held liable to pay the other party. This is common when determining liability for car accident damages and injuries. However, this does not always mean that a court will order one party to fully cover another’s losses. Instead, some limitations can greatly affect the amount of compensation the liable party will owe, so it is important to understand what those restrictions are. If you have any questions or concerns regarding a personal injury case, speak with an attorney knowledgeable in Illinois tort laws to protect your rights to compensation.

Illinois Code of Civil Procedure

The Illinois Code of Civil Procedure clarifies how Illinois’ tort liability laws are applied in a settlement. Although a theoretical definition of tort laws suggests that one party may be at fault while the other receives compensation from the responsible party’s insurance company, real-world cases tend to entail negligence from both parties involved in an accident. This does not instantly disqualify a plaintiff from receiving compensation after an accident. Instead, he or she just has to prove that the other party was more than 50 percent at fault. 

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Barrington car accident attorneyIt can be difficult to remain calm immediately after a car accident, but that time is crucial when trying to determine who is at fault. Without the proper information, you or a loved one could risk losing deserved compensation because you are unable to prove that the majority of the fault lay with the other driver. The statute of limitations on personal injury cases is two years in Illinois, making it critical for you to get in touch with a car accident attorney as soon as possible after your accident. While every accident is unique, it is important to heed the following guidelines when determining fault: 

Common Forms of Car Accidents and Who Is At Fault

Illinois is an “at fault” state, which means that both drivers in a car accident can try to make an argument that the other driver was more at fault. The court may then use percentages to determine where fault resides, and the party who is most at fault may be required to pay damages to the other party. If you were involving in any of the following types of accidents, you and your attorney can use a variety of forms of evidence to demonstrate that the other driver was at fault:

  • Turning Vehicle: If one driver was turning and the other was not, the former would typically be at fault, since it is their responsibility to make sure that it was safe to turn in the first place.  On the other hand, if the non-turning driver was speeding, ran a red light, or broke another traffic law, they could be found at fault.

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Barrington Injury Attorneys

224 West Main Street, Barrington, IL 60010

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