What is Comparative Negligence in an Illinois Car Accident Case?

When it comes to car accidents, there are few instances in which the fault of the accident can be entirely blamed on one person. In many cases, the actions of all those who are involved contributed in some way to the accident, meaning there is more than one person to blame for the outcome of the accident. In some personal injury cases, it is even possible for the person seeking compensation to have contributed to the accident in some way. Some people may think this bars them from recovering any type of compensation, but that is not necessarily true.

Aside from making sure everyone’s injuries are attended to, one of the first things that must be done when attempting to claim compensation for a car accident is determining who was at fault. This can prove to be difficult because to determine whose fault the accident was, you have to piece the events of the accident together from witness statements, your own recollection of the accident, the other party’s account of what happened and the police report.

To determine the fault of the accident, you have to prove that someone acted negligently and that their negligence caused the accident that resulted in your injury. Sometimes, there may be more than one other driver who committed a negligent act that led to harm. In some cases, the person who is claiming compensation for damages could have committed a negligent act that contributed to the accident. In those cases, the idea of comparative negligence comes into play.

In Illinois, comparative negligence is used in personal injury cases. This allows the fault to be assigned to more than one party. If the court concludes that there are multiple people at fault for the accident, the court will then determine the proportion of fault, which is expressed in percentages. According to Illinois law, a person can still claim damages in a personal injury claim as long as their portion of the fault is no more than 50 percent. However, their percentage of comparative fault will proportionately decrease the amount of compensation they receive.

If you are unsure of whether or not you can claim compensation from an Illinois car accident, you should get in touch with a skilled Tinley Park, IL, car accident injury attorney. At the Law Office of John S. Fotopoulos, P.C., we understand the devastating impacts a car accident can have on your life. Let our skilled personal injury lawyer help you recover the much-needed compensation for your injuries and damages. To schedule a free consultation, call our office today at 708-942-8400.

Sources:

Comparative Negligence

Comparative Negligence Damages

Illinois Compiled Statutes