Drivers and their passengers suffer every day because of the negligent actions of others who share the road with them. As reported by the Illinois Department of Transportation (IDOT), in 2018 alone, there were 319,146 motor vehicle crashes. Injury crashes accounted for more than 20 percent of them. These crashes can leave victims with injuries that they will be unable to afford, are extremely painful, and take months or even years to recover from. If you or someone you love happens to be a victim, you need knowledgeable Champaign car accident attorneys on your side to get you the compensation you are entitled to for your injuries.
All drivers owe other individuals on the road a duty of care. They must act in ways that reduce the risk of injuries, including obeying traffic laws. When they fail to uphold their duty of care, innocent victims can suffer.
Too many drivers act negligently behind the wheel. When their negligent actions cause an accident that leads to your injuries and damages, you should meet with Champaign car accident lawyers. They can review your case and help you decide if you want to pursue legal recourse. Examples of driver negligence behind the wheel include:
In order to win your claim, you must prove that the other driver acted negligently. When you hire Champaign car accident attorneys, they will collect the evidence necessary to prove the driver’s negligent act(s) that led to the accident and your injuries.
Sometimes victims contribute to the accident and cause their own injuries. For example, if you were texting while driving, and another driver failed to stop at a stop sign and hit you. Presumably, if you were not texting, you might have been able to drive defensively and avoid the accident. Both you and the other driver are at fault. If you are found to be more than 50 percent at fault for the accident, you cannot recover monetary damages. Your recovery is barred under 735 ILCS 5/2-1116.
If you had less than 50 percent liability for the accident, you could still recover compensation. Your degree of liability will help determine how much you are entitled to receive. For instance, if a jury determines your claim is worth $100,000, but you are 25 percent liable, you will receive $75,000.
If more than one other party is at-fault for your accident, they can share liability and pay the respective portions of your recovery. A party who is 10 percent liable will pay 10 percent of your damages while the other party will pay 90 percent.
If you intend to seek justice for your damages through the court, you will need to be aware of the statute of limitations. This law defines how long accident victims have to file their claim in court. In Illinois, the statute of limitations is two years from the date of the accident. However, if the person liable for your injuries is an employee of a public entity, you only have one year from the date of the accident.
It is imperative that you reach out to an attorney as soon as possible after your accident. If you miss the deadline imposed by the statute of limitations, you will have no legal recourse. When you are represented by seasoned Champaign car accident lawyers, you can be assured that your case will be filed within the statute of limitations.
Proving that the driver who caused your accident was negligent can be substantially more complicated than you might expect. An attorney who is experienced in auto accident cases will be able to highlight their negligent actions and gather evidence to prove them. When they are successful, you can receive compensation for your losses.
If you or someone you care about has been seriously injured in an auto accident, contact Malman Law today. We deliver the comprehensive, professional legal representation you deserve at a time when you need it most.
Call (312) 629-0099 today or use our online contact form to schedule your free car accident consultation with experienced Champaign car accident lawyers.