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How Do Illinois Negligence Laws Affect Car Accident Claims?

Car accidents are frightening events that can lead to serious injuries. When an accident happens, it’s critical to understand your own rights as well as the rights of anybody else involved. Negligence laws exist to help protect you from unfair treatment by insurance companies.

At Lane Brown, LLC, we know it’s tough to get answers about another driver’s negligence. Reach out to learn more about how Illinois negligence laws can impact your car accident claim.

Illinois Is a Comparative Negligence State

Under the Illinois comparative fault law, the at-fault driver pays for the other driver’s injuries and car damage if that driver is no more than 50 percent liable for the accident. If you’re found responsible for the accident, your damages may be reduced by that amount or dismissed completely.

Let’s say you were on your phone when the accident happened, but the other driver caused the accident. The other driver’s insurance company may claim you were 50 percent responsible or more and refuse to pay out your claim. This can be distressing, especially since the bills are already piling up.

That’s why if you have been involved in an accident, knowing how to defend your right to compensation is key. You may need a lawyer to defend your case and reduce your liability for the accident.

How to Prove Negligence in Illinois

Negligence is the failure to exercise care that a reasonable person would exercise in a similar situation. Illinois’ comparative fault law provides the information to calculate your car accident compensation claim based on the at-fault party’s negligence. There are exceptions, but it’s often used to determine if someone should be held accountable for their actions or inaction.

To prove that someone acted negligently, you’ll need to prove four things:

The defendant owed you a duty of care
They breached this duty by acting negligently or with intent
This breach was the cause of your injuries
You were injured by their actions

If all these conditions aren’t met, the insurance company may dismiss your claim.

Your attorney can answer any questions that arise during this process, from insurance claims all the way through trial if necessary. We want you to feel confident about your claim on behalf of yourself or your loved ones involved in an accident case.

Get Help Understanding Illinois Negligence Laws

Negligence laws can be complicated when proving liability. Without access to good legal representation, understanding your rights and responsibilities can be difficult, if not impossible. That’s where Lane Brown, LLC comes in. We’ll help you navigate the law and explain how it may affect you moving forward.

If you think you may be partially at fault for the accident, contacting an attorney to discuss your options can help protect you from paying for damages when you should be recovering. Call 312-332-1400 or fill out the online contact form to get your free consultation when you’re ready to discuss your claim.