After a collision, the first crucial step is to ensure everyone’s safety. Once this is done, the next important task is to identify the responsible party. The person found at fault for the crash is typically liable to compensate the injured party for damages to the vehicle and any personal injuries.
However, car wreck claims are often complex and involve a lot of moving parts. A collision can result in injuries for both parties, and multiple factors may have contributed to the incident. This is where the Law Offices of R.F. Wittmeyer, Ltd. can be of great help.
Our experienced legal team could guide you through the intricacies of comparative negligence in Aurora car accident claims. Call us today to speak with an experienced auto crash attorney about your case.
Understanding Comparative Fault Jurisdictions
Illinois is a comparative fault jurisdiction. Comparative fault, or comparative negligence, means that a person injured in a car accident cannot recover money if their actions are more than 50 percent responsible for the accident’s occurrence.
For example, a driver who is injured in a crash because they were texting and driving cannot recover money for their injuries because their action caused them. For car accident claims, liability is determined by examining all the circumstances surrounding the incident. The judge then assigns a percentage of fault to each party.
Consider hiring an Aurora lawyer to help minimize your percentage of fault through comparative negligence in a car accident claim.
Establishing the Negligence of the Other Driver
Before you can claim that comparative negligence played a role in the car wreck, you must first establish that the other driver was negligent in the first place. In tort claims, like those involving car accidents, negligence occurs when a person fails to act reasonably and causes injury to another. In car accident claims, you can argue negligence when someone fails to drive their car in a reasonable manner.
Comparative negligence is an affirmative defense to a negligence car crash claim in Aurora, which means that you must first establish that the other driver was negligent. Without representation, this might not be easy. However, a licensed attorney can easily plan, research, and plead your case for negligence.
Winning Recovery If You Are at Fault
Just because your actions may have contributed to the accident does not necessarily mean they will keep you from recovering compensation. 735 ILCS 5/2-1116 provides that a person whose negligent actions are less than 50 percent responsible for the accident’s occurrence may recover a proportionate amount of the money owed to them for injuries. This means that whatever the judge determines your percentage of fault to be, your award for injuries is reduced by that amount.
Call the Law Offices of R.F. Wittmeyer, Ltd. to Discuss Comparative Negligence in Aurora Car Accident Claims
Whether your car accident claim is simple or complex, the knowledgeable lawyers at R.F. Wittmeyer, Ltd. can give you an idea of how much your actions contributed. They will help you decide which plan of action is in your best interest.
The confusing world of comparative negligence in Aurora car accident claims can be made simple with one phone call. Get in touch with our law office today to speak with a seasoned and highly skilled personal injury attorney.