How Illinois Law Determines Fault In A Car Accident

Patrick Halliday • September 14, 2022

If you're injured in a car accident, the driver responsible should compensate you for losses incurred, such as medical bills and lost wages. But what if you're partly at fault for the accident? Here's a look at how Illinois determines fault after a car accident and how being held partly responsible for the crash could affect your compensation. 


Why Determining Fault Matters

Identifying who is at fault for an accident matters because it's the only way to determine:

  • whether you can claim compensation; and
  • how much compensation you can claim. 

Determining fault, though, is only one of the elements you must prove to make a personal injury claim. You must show that:

  • someone – in this case, another road user – owed you a "duty of care";
  • the person breached this duty by doing something negligent or careless, e.g., driving and texting; and
  • you're injured as a result of this person's negligent actions.

So, even if you're injured in a car accident, unless you can prove someone else is responsible for the harm sustained, you won't have a claim. A personal injury attorney can explain the legal rules in more detail as they relate to your case.


The Comparative Fault Rule

To determine "blame" for a car accident, Illinois follows the "comparative fault" rule. Here's how it works.


When One Party Is Entirely at Fault

If one driver is 100% to blame for an accident, it's simple: they should pay the "faultless" party 100% of any compensation due to them.


Both Parties Are at Fault

On the other hand, say you're partially to blame for the accident. Your damages will be reduced based on your percentage degree of fault. 

  • If the other driver is more at fault than you (i.e., they are more than 50% responsible for the accident), you can claim damages based on your degree of responsibility. So, if you are 20% to blame, your damages will be 20% less than the full amount recoverable if you were entirely blameless. 
  • However, if your share of the blame is more than 50%, then you can't recover any damages. For example, if you're 51% responsible for the accident, it's actually the other party who could sue you for any injuries they sustained.


Comparative Fault and Compensation: Examples

Some examples may help make the comparative fault rule clearer.

  • Person A fails to halt at a stop sign. They crash into Person B who was texting while driving. Person B didn't see Person A until it was too late. Person B sustains broken bones and sues for compensation. If Person B is found to be, say, 10% responsible for the accident, and the settlement figure is $10,000, Person B only gets $9,000 because 10% is deducted from their compensation.
  • On the other hand, if Person B was drunk and driving erratically, they might be 51% responsible for the accident. In this scenario, Person B can't claim any compensation because they're more than 50% to blame for the crash. 

An experienced IL personal injury attorney can estimate how much your claim is worth depending on how fault may be apportioned.


How to Determine Fault After a Vehicle Accident in Illinois

Proving fault after an Illinois car accident can be challenging, especially if there are no bystanders who can serve as witnesses, or if there are multiple vehicles involved. However, there are three main ways to determine fault and apportion liability – let's break them down.


1. Accident Type

Sometimes, we can identify who may be more at fault just by looking at what type of accident took place. Here are some examples. 

 

Sideswipe

No driver should change lanes without checking it's safe to move. So, if a driver sideswipes another vehicle, they're often the one held responsible for the collision. That said, the other driver could also be at fault in some way, so it's crucial to consider the evidence when determining liability in these types of accidents. 


Rear Collision

It's usually the rear car driver who is responsible for a rear-end accident. If the front car driver stopped suddenly or drove erratically in some way, it may be possible to show comparative fault. However, it's important to maintain a safe stopping distance from the car in front at all times, so the rear car driver is normally held responsible. 


Vehicle Turning 

If a driver does not check to ensure the road is clear before making a turn, they could be at fault for the car accident. These accidents commonly occur at intersections where the turning car crashes into another car driving straight ahead; however, they can happen anywhere on the road. 


2. Evidence

The more evidence you have available, the easier it is to identify which party is entirely – or mostly – to blame for a crash. Evidence you can use to apportion fault includes:

  • medical records
  • photographs of the scene
  • witness testimonies
  • vehicle damage 

An experienced attorney can carefully consider the evidence to determine who is at fault and how much compensation you may be entitled to.


3. Police Report

You have a legal duty to report an accident if:

  • any party involved in the accident suffers a bodily injury;
  • the accident caused damage worth $1,500 or more; or
  • someone died as a result of the accident.

The police report may indicate which driver is at fault for the accident, so it can be used to determine liability in a personal injury claim. Your attorney can explain how the report affects your case after evaluating the contents. 

How an Illinois Car Accident Attorney Can Help

Determining fault after a car accident is not always easy. If you've been injured in a vehicle collision in IL, an experienced personal injury attorney can evaluate your claim and help you claim the compensation you deserve for the harm done. 

You only have two years from the accident date to file a personal injury lawsuit, and five years from the accident date to claim for property damage, so the sooner you retain an attorney, the better. Contact a personal injury attorney today for a case evaluation. 


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By Patrick Halliday • November 29, 2022
Most dogs are friendly, and most dog owners are responsible, but dog attacks do happen from time to time. If you've been the victim of an attack, or your own dog has been involved in an incident, there are numerous issues surrounding liability and negligence. The owner or controller of the dog can be held liable in the event of personal injury or property loss. Various laws are relevant depending on the circumstances and jurisdiction of the attack. Based on data from the Centers for Disease Control and Prevention (CDC), over 4.5 million people are bitten by dogs annually. This results in 800,000 injuries that require medical attention and accounts for roughly one-third of all homeowners insurance liability claims. In the majority of these situations, the person who owns the dog is held responsible. However, a third party can also be liable. If you need legal assistance in ļ»æ Peoria, Illinois ļ»æ or elsewhere in Illinois for a dog attack, please contact our legal team today. Liability for dog owners In most cases, dog owners are liable for any injuries their pets cause. This includes situations where the owner knew the dog had a tendency to cause that kind of injury, or where the injury was caused by unreasonable carelessness on part of the owner. In these cases, the victim needs to prove negligence. It also includes situations where the owner is held liable automatically, whether or not they knew the dog had a tendency to cause that kind of injury. In these cases, the victim of a dog attack does not need to prove negligence to receive compensation. Two major factors decide whether or not the victim needs to prove negligence: the details of the dog attack and the jurisdiction where it occurred. Along with these details, certain factors can remove or alter liability for the dog owner. For example, if the victim provoked the animal or was trespassing on the property, the owner may not be automatically held liable. However, the dog owner may still be responsible for paying medical bills, lost wages, property damage, and pain and suffering. Other factors can also influence liability, including dogs handled in a professional capacity as part of law enforcement or military programs. There are three types of laws that impose liability on dog owners: Dog-bite statute - Under this statute, the dog owner is held liable for any injury or property damage caused by the dog. This statute is upheld automatically, and it's not based on provocation. Violation of this statute results in strict liability rather than negligence. One-bite rule - In some jurisdictions, liability is based on history and knowledge of previous vicious incidents. However, some states have moved away from the one-bite rule, with owners held responsible for any injury regardless of history. Negligence laws - Situations that involve potential negligence can be complex, with legal support often required. The dog owner or person caring for the dog is liable when the injury occurred due to unreasonable care in the context of controlling the dog. Liability for third parties In most cases, regardless of where the attack occurred, the dog owner is legally responsible for all bites and injuries caused by their animal. However, someone else can be held liable together with the dog owner in the following situations: A third party who had care or control over the dog, including dog sitters and dog walkers A dog owner who is less than 18 years of age A property owner (dog owner's landlord) who knew the dog was dangerous but didn't act Liability for third parties is related to common law and strict liability rules. Under common law, liability is based on negligence, either from the dog owner or a third party who is caring for the dog. This also applies to strict liability cases, where dog-bite statutes define an "owner" as someone who's keeping a dog. This includes the person who owns the dog or anyone else who harbors the animal. Differences between states In the US, most jurisdictions impose statutory strict liability for dog attacks. This makes the dog owner legally liable to the victim by default. Dog-bite statutes that impose strict liability date back to the 1700s, and they're still used in the majority of states. The one-bite rule applies in just 14 states: ID, ND, SD, WY, NV, KS, NM, TX, AR, MS, VA, MD, VT, and AK. In another five states, mixed rules apply, including laws based on negligence: OR, NY, TN, NC, and GA. If you need legal assistance in ļ»æ Peoria, Illinois ļ»æ or elsewhere in Illinois, we are here to help. Please reach out to us if you were the victim of a dog attack.

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By Patrick Halliday • October 17, 2022
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This evidence can help to establish what caused the accident and who may be at fault. For example, if you slipped on a wet floor, taking photographs of the wet floor and any warning signs can help show that the property owner was aware of the hazard and did not take steps to mitigate it. Similarly, if you fell down a set of stairs, taking pictures of the stairs can help to show that they were in disrepair and posed a danger to anyone using them. In short, gathering evidence from the scene of an accident is an important step in protecting your legal rights and ensuring that you receive compensation for your injuries. 3. Contact a personal injury lawyer to discuss your case The likelihood of winning slip and fall claims depends on several factors, including the severity of your injuries and the circumstances of the accident. However, there are some general guidelines that can help you decide whether to seek legal counsel. For example, if the accident occurred on someone else's property, it is possible that the property owner may be liable for your injuries. Similarly, if the accident was caused by a dangerous condition on the property, such as a broken step or a slippery floor, you may have grounds for a personal injury claim. Even if the property owner is not legally responsible for your injuries, they may still be willing to negotiate a financial settlement. Contacting a personal injury lawyer can give you a better understanding of your legal rights and options. 4. File a claim with the negligent party or their insurance company Finally, if your personal injury lawyer determines you have a case to make a claim against the negligent party, you should file the claim either directly with them or with their insurance company. If you have been injured in a slip or fall that wasn't your fault, you deserve to be compensated for the financial, physical, and emotional toll it has taken on you. 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Who can help you with your personal injury claim for a slip and fall accident? If you've been injured in a slip and fall accident, you may be wondering who can help you with your personal injury claim. The answer is an experienced and qualified personal injury attorney. A personal injury attorney will know how to investigate your accident, gather evidence, and build a strong case on your behalf. They will also be familiar with the ins and outs of the legal system, and they will fight diligently to get you the compensation you deserve. If you're looking for help with a personal injury claim in ļ»æ Peoria, Illinois ļ»æ , get in touch for a free consultation.
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