Personal injury claims arising out of car accidents usually involve acts of negligence, and they often involve multiple parties. For example, there may be allegations that a driver failed to obey traffic laws, failed to drive safely considering the conditions, or failed to properly maintain the vehicle’s brakes. There also may be allegations that a driver was negligent in responding to another driver’s actions or violated a traffic rule or law.
Depending on the circumstances surrounding an accident, if a driver violated a statute, ordinance, or traffic regulation, it may be considered negligence per se. If so, the driver’s conduct may give rise to a rebuttable presumption of negligence, or it may be considered evidence of negligence. In cases involving multiple parties, each party’s actions may come under scrutiny, potentially reducing the plaintiff’s compensation.
Comparative Negligence
Traditionally, under a different doctrine called contributory negligence, if a plaintiff was found to be partially at fault, the plaintiff could not recover any compensation from the defendant. However, today Illinois follows the doctrine of modified comparative negligence. Under the doctrine of comparative fault, or comparative negligence, a plaintiff’s recovery may be reduced by their own percentage of fault.
Under modified comparative negligence, a plaintiff can recover for their injuries as long as the plaintiff’s portion of fault is 50 percent or less. If there are multiple defendants, a jury can assign each party a percentage of fault. Whether a party’s acts constitute negligence depends on the circumstances at the time of the accident, and normally it is a question to be decided by a jury. However, the burden is on the defendant to prove the plaintiff was contributorily negligent.
Man Dies in Six-Car Pileup in Libertyville
According to a recent news article, a recent six-car crash in Libertyville resulted in one man’s death and sent two others to the hospital for injuries. The Illinois State Police reported that the crash occurred just before 12 p.m. on a Sunday morning on Interstate 94.
The man who was killed was 62 years old and lived in Akron, Ohio. The two individuals who went to the hospital for injuries were a 60-year-old woman from Akron and a 32-year-old woman from Chicago. According to the article, the accident occurred when one driver lost control and hit another vehicle. Four other cars then crashed as a result. The crash resulted in a shutdown of all eastbound lanes of the interstate for three hours.
Seek Guidance from a Chicago Injury Attorney
If you or a loved one has been injured in an Illinois car accident, the personal injury attorneys at Moll Law Group may be able to represent you in seeking damages. The Chicago lawyers at Moll Law Group assist victims of car accidents and other incidents resulting in serious injuries. Our attorneys are skilled in helping guide people through medical malpractice, product liability, and other accident claims. Billions of dollars have been recovered in cases in which we were involved. We serve accident victims and their families in Naperville, Schaumburg, Wheaton, and communities throughout Cook County. Contact us via our online form or call us at 312-462-1700 to set up a free consultation.
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The Continuing Danger of Lead Paint in Chicago-Area Homes, Illinois Injury Lawyer Blog, March 10, 2017.