Call Now Open 24/17

1

Get started today

Schedule Your Free Consultation Today!

Fill out the form and someone from our team will contact you. 

    Call Now Open 24/7

    Free Consultation

    Establishing Negligence in Chicago Car Accident Cases

    OVER $1 BILLION IN RECOVERIES FOR OUR CLIENTS

    To recover damages, the claimant needs to show that the at-fault party caused the car wreck and that the accident led to their injuries. If you were injured in a car collision, you should reach out to a skilled car accident attorney today. A seasoned car accident lawyer with experience establishing negligence in Chicago car accident cases could help you recover the compensation that you deserve. Call today and set up a consultation.

    What is Contributory Negligence?

    In 1986, the State of Illinois abolished pure comparative negligence fault and replaced it with a new contributory negligence statute. Pure comparative fault meant that any party could recover for any percentage that the other party was at fault for. The new law specifies that if the plaintiff was more than 50 percent at fault, the defendant is not liable, and the plaintiff is barred from recovering damages.

    For example, if the plaintiff’s damages are $100,000, and the jury determines that they are 51 percent at fault, the plaintiff gets nothing. Conversely, if the jury determines the defendant was 51 percent at fault, the plaintiff would get 51 percent of damages, in this case, $51,000.

    Illinois also made another light modification regarding joint and several liability. If, for example, three defendants caused the act, those three defendants usually are jointly and severally responsible for all of the damages to the plaintiff.

    If, however, one of the three defendants is less than 25 percent fault, they only have to pay their percentage of fault and the other two would split the remaining percentage of fault. For example, a plaintiff sues three defendants that caused an accident and the jury says defendant No. 1 is ten percent at fault, and defendant No. 2 is 45 percent, and the third is 45 percent in a case involving $100,000 in damages. Each defendant’s share of fault would translate to their share of the $100,000 of damages. Then, it gets more complicated. Defendant No. 1 is responsible for $10,000 worth of damages, but the plaintiff can recover all of the remaining $90,000 from either of the other two defendants. If defendant No. 2 is a business and defendant No. 3 is a person who otherwise is judgment-proof, the plaintiff can recover the remaining $90,000 from defendant No. 2 and be made whole.

    Factors That Can Move Fault One Way or Another

    There are several factors that can help with establishing negligence in Chicago car accident cases. In certain types of accidents, it is challenging to avoid some kind of comparative fault, depending on how the wreck happened and where the damage on the vehicles occurred. Based on the type of case and how the accident occurs, comparative fault can be a large factor.

    For example, in an intersection accident, should the plaintiff have slowed and allowed the defendant to clear the intersection, or was the plaintiff speeding and that is why the defendant thought the intersection was clear and made a left-hand turn. Or the defendant is southbound and the plaintiff northbound, and the defendant wants to make a left-hand turn in an intersection. In rear-end car accident cases, it is difficult for the defendant who rear-ends someone to try to claim the plaintiff was somehow at fault, because the argument is that the defendant was following too closely and caused the accident.

    Steps to Take After a Car Wreck to Help Establish Liability

    Following a car wreck, the driver should make sure everyone is okay and seek medical treatment immediately if needed. They should contact emergency responders and ensure that the police make it to the scene. Getting a police report following a car crash is crucial.

    Illinois law requires a party to get a police report issued within ten days after an accident. Insurance companies, which have become assertive in Illinois about denying claims, will be watching that ten-day requirement closely, so they can deny coverage. That is why it is important for someone in an accident to contact a lawyer soon after an accident. The lawyer can even help file that police report if contacted soon enough and help the injured person avoid being snared by a lack-of-notice claim.

    An attorney could also assist with gathering and preserving evidence at the scene of the wreck. It is essential to take pictures, talk to witnesses, and get video footage if there is any available. Collecting evidence is imperative to establishing negligence in Chicago car accident cases.

    workers compensation attorneys in dc

    ​Put the power of Larry Disparti and the lawyers at the Disparti Law Group to work for you and join the thousands who say… Larry Wins!

    Featured on

    PRACTICE AREAS

    Car Accident

    Truck Accident

    Motorcycle Accident

    Bicycle accident

    Catastrophic Accident

    Dog bite injury

    Medical Malpractice

    Nursing Home Abuse

    Slip and fall

    Product Liability

    Traumatic Brain Injury

    Uber Accident

    FREE CASE EVALUATION

    Fill out the form below or  call us 24/7 at 312-600-6000

      RECENT POSTS

      Client Review
      "Appreciate all your support, professionalism. Anytime you call your staff is great knowledge take the time listen and always keeps you informed. Thank you to Beth Hitel from all she did and settling the mediation in my favor.. highly reccommend the Disparti group."
      Timothy Ashcraft
      Client Review
      "The services provided were very professional. Adam Shapiro , my attorney, was knowledgeable, honest and extremely helpful. He worked with the other parties to make sure my settlement was the largest payout available. Nicole D .answered my questions for months with quick, knowledgeable answers."
      Joseph Gambina
      Client Review

      Why Hire Us?

      Here's What Our Clients Say

       

      "I love the service they provided. They took time to explain the procedure for my case, then they asked if there was anything else they could do. I appreciate the service and wouldn't trade it for the 🌍. Love my Lawyers. If you want to win try Disparti Law Group."

      - Gwen

       

      "I feel you guys did a great job in handling my case."

      - V. Gentry

       

      "Was a great fit for me and would definitely recommend to family and friends."

      - Christine

       

      "It has been a wonderful experience working with Disparti Law Group. They are highly recommended."

      - John

       

      "Very professional staff, great experience."

      - Lisa

       

      "I have NEVER, and I mean, EVER, had such a great experience dealing with lawyers.... I don't ever want to be in an accident again, but if I am, I'm calling Disparti Law. Fantastic service."

      - Dani

      Best Personal Injury Lawyer in Chicago

      SuperLawyers2010
      SuperLawyers2011
      SuperLawyers2012
      SuperLawyers2014

      CONTACT LARRY

      FREE CASE EVALUATION

      YOU WON'T PAY A PENNY UNTIL LARRY WINS

        TAMPA

        1041 U.S. Highway 19
        Holiday, FL 34691
        727-600-6000

        CHICAGO

        121 W Wacker Drive, Suite 2300
        Chicago, IL 60601
        312-600-6000

        Read more: