Car accidents can cause devastating harm. Victims may be concerned about how they will pay their medical bills as well as the impact of their injuries or disabilities on their jobs. You can bring a lawsuit with the assistance of a Chicago car accident lawyer to recover damages after a car accident if it was partially or fully caused by another person or entity. Often, crashes are the result of negligent driving, but sometimes they are also caused by defective auto parts or dangerous road conditions. At Moll Law Group, our transportation accident attorneys are experienced in guiding Chicago residents and other people in Illinois through the process of holding accountable those who have harmed them, including distracted drivers, drunk drivers, hit and run drivers, and speeding drivers.
Many car accidents are caused by a driver's negligence. If you seek to recover compensation from a negligent driver, you need to prove the defendant driver's duty of care, a breach of duty, causation, and actual damages. Often, the defendant will raise the issue of comparative fault. This means that he or she will argue that the accident was at least in part the result of the victim’s own carelessness.
In Illinois, you may recover damages from any defendant who is more at fault than you are for a car accident. However, your recovery will be reduced by an amount equal to your percentage of responsibility for the crash. For example, if a jury determines that the damages amounted to $100,000, while finding that you were 10% responsible, you still recover $90,000 from any defendant found liable.
In some cases, neither driver is at fault. A defective automobile part or a defectively designed car can be the cause of a devastating crash. For example, an accident reconstruction expert may find that neither party did anything wrong while driving, but instead that one car’s gas pedal was defectively manufactured. In that case, it may be appropriate to bring a product liability claim against the manufacturer and anyone else in the chain of distribution. Our car accident lawyers can advise Chicago residents on whether this may be an option in their circumstances.
Another possible avenue of relief lies in premises liability law. Sometimes, even when drivers are acting reasonably, there are dangerous conditions in a road or parking lot that are caused by a private or government entity. In many cases, these entities have immunity from suit, and you can only sue them if their immunity is waived under the circumstances of the accident. Even if immunity is waived, special rules and shortened timelines apply to lawsuits against the government. It is important to consult an attorney right away to make sure you take full advantage of your opportunity to recover compensation.
If you can prove that an accident was fully or predominantly the fault of another person or entity, you may be able to recover economic and non-economic damages. These often include medical bills, out-of-pocket expenses, property damage, lost income, lost earning capacity, pain and suffering, and loss of enjoyment.
The Chicago lawyers at Moll Law Group are knowledgeable in personal injury and product liability claims. Please download, print out and keep in your car the following “What to do in the Event of a Car Accident” - CHECKLIST. Billions of dollars have been recovered in cases in which we were involved. Our firm represents residents of Naperville, Schaumburg, Wheaton, and cities throughout Cook County. We also use the knowledge obtained from our experts in litigation to help consumers around the nation. Call us at 312-462-1700 or submit our online form to set up a free initial consultation with a Chicago car accident attorney.