What happens if I’m partially at fault for a crash?
Motor Vehicles Accidents - March 6, 2023
Worried that you won’t receive compensation for a crash that was partially your fault? Don’t be. Illinois law states that you could be eligible to receive compensation so long as you were 50% or less at fault.
However, the amount of compensation you receive may be reduced based on the percentage of fault attributed to you. This is known as comparative negligence, which is a legal principle used in Illinois and many other states to determine fault in personal injury cases.
If you were hurt in a crash, speak with Horwitz, Horwitz & Associates immediately. Even if you were partially at fault for the car accident, we’ll make sure your rights are protected and that you’re able to obtain full compensation.
Determining percentage of fault
Several factors go into determining the percentage of fault. These factors include:
- Each driver’s actions leading up to the crash
- Possible traffic violations
- Road conditions
- Police reports
- Witness statements
- Photos and videos
- Other relevant pieces of evidence
Police reports are a critical piece of evidence in any car accident case. They typically include details about the location and time of the accident, the drivers and passengers involved, witness statements, and any traffic violations that were committed. The report may also include the officer’s opinion of who was at fault for the accident.
Witness statements can also be useful in determining fault. Eyewitnesses may have seen the accident from a different perspective than the involved drivers, providing a more objective account of what happened. Witness statements can be obtained from anyone who saw the accident, including pedestrians, other drivers, and passengers.
Photos and videos
Photos and videos can be helpful evidence in a personal injury case. They can show the damage to the vehicles involved, the position of the vehicles on the road, and the conditions of the road at the time of the accident.
Photos and videos can be taken by anyone at the scene of the accident, including the drivers involved, witnesses, and bystanders. Surveillance footage may also help in determining fault because it would show the events that unfolded without any biased input.
How fault affects compensation
Illinois’s comparative negligence laws allocate fault among the involved parties. This means that each party’s percentage of fault will be determined, and the compensation awarded to them will be adjusted accordingly.
For example, if you were awarded $100,000 in damages but were found to be 20% at fault, then your compensation would be reduced by 20% and you would receive $80,000. But if your portion of the blame is more than 50%, you won’t be able to obtain any compensation.
Speak to our law firm as soon as you can
It’s crucial that you have an experienced personal injury attorney on your side who can help you navigate the legal system and ensure that your rights are protected. A Chicago car accident attorney with Horwitz, Horwitz & Associates will do just that.