Should you believe that the negligent actions of a truck driver or company caused you harm, you might want to consider seeking counsel with an attorney and learning more about comparative negligence.
In this blog, we’ve discussed what you need to know about this term since Illinois utilizes comparative negligence to assess fault during truck accident cases.
Since Illinois is a comparative negligence state, you’re likely curious about what this means and what exactly this legal term stands for. Simply put, comparative negligence is a law that states individuals can be awarded damages for a trucking accident even if they are found partially responsible for it.
When someone is found to be comparatively negligent, lawyers determine how much at fault each individual is and base damages awarded on this finding. For example, if you sue someone for $40,000, but it’s determined that you’re 10% at fault for the accident, you will only receive $36,000.
Yet, you should also note that there are three different types of comparative negligence. Let’s dive into these below, including the type that Illinois uses:
This is exactly what it sounds like. In states where pure comparative negligence is enforced, an individual will have a reduced settlement amount according to their level of negligence.
Like the example above, this means that if you are found to be 90 percent responsible for an accident, you will only receive 10 percent of the damages if you win the case. This is why it’s crucial to have a lawyer’s assistance in states with pure comparative negligence, as you could do more harm than good.
States like Idaho, Georgia, Arkansas, and Colorado use the modified comparative negligence rule. Individuals must be extremely careful about filing lawsuits against guilty parties in these states.
This is because, according to modified comparative negligence, an injured party will lose their lawsuit if found to be more than 50 percent negligent for a trucking accident.
With modified comparative negligence, individuals will receive nothing if they are more than 50 percent responsible for a crash. However, they can still collect damages if they are 49 percent or less responsible.
According to the Illinois Department of Insurance, this state has adopted modified comparative negligence as the standard for recovery of damages during lawsuits.
This type of negligence defers to the 51 percent rule, which means that if an injured party is more than 51 percent responsible for an accident, the case is dismissed, and the person gets nothing.
Yet, simultaneously, if both parties in a trucking accident are found to be equally responsible (50-50), the injured individual can collect damages.
Since Illinois utilizes the modified comparative negligence law (51 percent) to determine damage awards in trucking accidents, it’s important to consider speaking with an Illinois truck accident attorney from Malman Law.
Our lawyers can help you understand this law while working alongside you to determine if you are at fault and by how much. You can contact us here, and we will arrange an obligation-free consultation. We’re on your side.
Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.
Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2023
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