A Look at Negligence Laws in Relation to Car Accidents

One of the most important factors in any legal case involving car accidents in Chicago, IL is negligence. Illinois negligence laws will affect not only who can be held liable, but also may determine the type of compensation that is recoverable.
Before a claim can be filed after a Chicago car accident; negligence must be established because without negligence, there would be no case.

Negligence is first established by the fact that the liable party (defendant) had a duty of care to the one filing the claim (plaintiff). For instance, two motorists on the same road would have a duty of care to one another. This means it is expected they would act in a legal, safe and reasonable manner.

The next step in establishing negligence is determining whether or not one of the drivers breached that duty of care. If a driver ran a red light, was texting while driving or was speeding, these would be examples of a breach of their duty. Most car accidents in Chicago, IL are caused by distractions and law-breaking behavior.

Negligence is further established by the fact that the breach of duty caused another person to suffer harm. If a driver ran a red light, striking another vehicle and causing injuries, this would demonstrate a causal connection between the defendant’s conduct and the other driver’s injuries.

It’s also important to understand that negligence is established by the fact that the defendant’s conduct and resulting harm was foreseeable. While some car accidents in Chicago, IL, are just that -- accidents that could not have been prevented -- many of them are preventable and foreseeable. Running a red light is an act that likely would cause harm to another.

Finally, negligence is established by the fact that the injured party suffered damages. This could be related to medical expenses, an inability to work and other losses as a result of their injuries.

Illinois Negligence Laws

Each state has its own set of rules concerning negligence. Illinois negligence laws follow a modified comparative fault – 51% rule. This means that an injured party is only able to recover damages for an accident if they were 50% or less at fault.

So if the injured party is found to be 51% or more at fault for the accident, then they cannot recover any damages. To better understand how negligence may affect your claim, it is best to speak with an attorney.