Common Myths About Fault in a Car Accident

DuPage County personal injury attorneyWhen you first learn to drive in DuPage Henry County or elsewhere in Illinois, your “education” may come not only from formal driver’s education classes but also from anecdotes and bits of wisdom shared by friends and family members. Some of these stories and pieces of advice can be helpful. Others, however, are incorrect, however, and can lead drivers to make errors in judgment that can either lead to car crashes or jeopardize the rights of an injured accident victim. Some of the more prevalent myths and inaccurate advice regarding Illinois car crashes include:

  • A pedestrian always has the right of way. While pedestrians may suffer serious injuries in an accident, this does not necessarily mean that pedestrians always have the right of way or that pedestrians can never act negligently and thereby contribute to their own injuries. A pedestrian who behaves in a careless manner—failing to look both ways before crossing the street or walking along a dark street while wearing dark clothing—and suffers an injury may find his or recovery limited in proportion to his or her degree of fault.
  • In a rear-end collision, fault is always clear. While many rear-end collisions are the result of a trailing driver carelessly running into the back of a vehicle in front of him or her, this does not mean the trailing vehicle’s driver is always to blame. The driver of the leading car—the car that was rear-ended—may have unreasonably and unexpectedly applied his or her brakes or made an abrupt turn without signaling. While this would not completely absolve the driver of the trailing car of responsibility for causing the crash, it may limit the damages the driver of trailing vehicle must pay to an injured party in the front car.
  • The at-fault driver must pay for my medical bills and other expenses. While this is generally true, this does not mean the injured motorist or passenger has no responsibility following a crash. An injured motorist who does not seek prompt medical treatment for his or her injuries, abuses prescribed medications, or fails to follow his or her doctors’ instructions and directions may be considered negligent and partly responsible for contributing to his or her own injuries. He or she may find it difficult to obtain full compensation for all of his or her losses, especially if his or her actions exacerbated the injuries.

Seek Representation from a Skilled Lawyer

These “myths” show that there is no such thing as a “clear-cut” personal injury or car crash case. Instead, your ability to recover compensation will depend on your ability to highlight the other party’s negligence while minimizing your own. Contact an experienced DuPage County car accident attorney at Martoccio & Martoccio for assistance with preparing and presenting your case for compensation. Our team will help you obtain the maximum amount of compensation possible given the facts and circumstances of your case.


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