What Constitutes Negligence in an Auto Accident in Illinois?

While you cannot avoid every traffic accident, you should understand the options Illinois laws give drivers when it comes to compensation and penalties for accidents. For example, all drivers have a duty of care for the other people using the road. When breached, the negligent driver may be held accountable for damages.

Violations for which a driver is considered negligent include:

• Driving the wrong way down the street.
• Driving while drinking or under the influence of drugs.
• Distracted driving, i.e., driving while texting or while on the phone.
• Not stopping at a stop sign.
• Road rage.
• Driving through a traffic light without obeying it.
• Tailgating
• Speeding

If the other driver showed negligence, you would think they would be liable for compensation for lost wages, medical bills and other losses a victim suffered. However, since Illinois follows a ‘comparative fault’ law, you will be charged with partial negligence if you share the blame for the accident.

In most cases, the court decision is based on two factors: The total dollar amount of the damages and the percentage of fault for each party involved in the accident. As per comparative fault law, the plaintiff’s damages award can be reduced, depending on what percentage of the fault was caused by them. If that comes to more than 50%, they are not eligible for damage recovery.

Besides this law, if your car accident case makes its way to court, you will also have to contend with a claims adjuster whose decisions will be based on court proceedings. However, that should not stop you from talking to an attorney about your case, especially if you are the victim of the accident or are wrongfully blamed for it.

If you are looking for a dedicated auto accident attorney in Schaumburg, Illinois, look no further than the Law Offices of Fedor Kozlov & Associates. With more than five decades of combined legal expertise in personal injury and car accident cases, we can ensure your case remains in your best interests, even if it means we must go to trial. You only need to pay us when we successfully help you get the compensation you deserve. We see the value in persistence and are proud to say it has paid off for the cases taken by us.  Contact us for a consultation today by calling (888) 841-4878.