Not all car accidents are black and white in terms of who was at fault and who was the victim. In some cases, the victim is partially liable for the wreck. The victim may then wonder whether they are still eligible for compensation.
Understanding Illinois rules concerning comparative negligence will answer this question. Having experienced legal counsel can help protect your right to the full amount of compensation you deserve. Count on Your Chicago Lawyer to advocate for your best interests.
What Is Comparative Negligence?
In Chicago and elsewhere in Illinois, victims who are partially to blame for causing an accident can still receive compensation for their injuries in most cases. But the amount of damages they receive will be lowered in light of how much fault is assigned to them.
Consider, for example, a car accident in which the at-fault party was speeding, but the victim made an illegal left turn. Although the at-fault party certainly shares blame, the victim was not completely innocent. A jury may decide that the victim was 20% at fault for the wreck.
This percentage is important, because it will affect the amount of money the victim is able to recover. Using the above hypothetical, assume the jury also decides the victim’s damages are $100,000. Because the victim was 20% liable, their total damages calculation will look like this:
- Original amount of damages: $100,000
- Less 20%, for 20% liability: minus $20,000
- Net total to the victim: $80,000
Under Illinois law and jury rules, as long as the victim is 50% or less at fault, they can recover and simply have their damages reduced by their percentage of fault. However, if the victim is more than 50% at fault, they cannot recover anything – no matter how serious their injuries were.
What Comparative Negligence Means for Chicago Car Accident Victims
The Illinois comparative negligence rules create a strong incentive for at-fault parties (and their insurance companies and lawyers) to try to blame the victim. If they can convince a jury that the victim was negligent, they could end up paying less. And they may walk away paying nothing if the jury is convinced the victim was over 50% liable.
You should assume that the at-fault party will use anything it can uncover during the litigation phase against you. But working with an attorney, you can defend yourself against this. We suggest doing the following:
- Let an attorney handle all communications with insurance: The at-fault party’s insurer may contact you about the car accident. However, the insurance company will be looking for information to use against you. Let a lawyer communicate with them for you.
- Be upfront with your attorney: Your Chicago attorney will ask questions about the accident, and you should be honest so your lawyer can appropriately handle all details. If you withhold information, the opposing parties may learn about it and use it against you.
- Document everything you can about the accident: Take pictures, record videos, and ask eyewitnesses if they saw anything. Give this information to your lawyer so they can learn the truth about what happened.
- Never assume anything: You may believe that you contributed in some way to the accident, but you could be wrong. This is one of the most important reasons why you need objective legal counsel, strong evidence, and (often) expert witness testimony.
Standing Up For Car Accident Victims
No matter the circumstances of your accident, we will fight for a fair amount of compensation so you can recover from your injuries. If you’ve been hurt in a car accident, connect with Your Chicago Lawyer today to begin working on your case.