Tag Archives: fault

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.

...
Continue reading

The causes of car accidents are often complicated. With so many travelers on the roadways at any given time, the opportunity for mistakes to lead to an accident are high. When a collision occurs, it is not uncommon for both drivers to each have made a few driving errors which led to the incident. In the aftermath, it is natural for those hurt to ask whether they can still recover under the civil law if they contributed in part to the damage.

Illinois Liability Rules

Each state has somewhat different rules in this situation. Illinois is known as a “modified comparative negligence” state. Under state law, a party can recover for their losses in a civil lawsuit so long as they were less than 50 percent responsible for the accident.  Put another way, you can recover for your losses so long as you were not as culpable as the other party (or parties).

...
Continue reading

Recent Blog Posts

Categories

Archives

Free Initial Consultations

phone 630-920-8855
address15 North Lincoln Street, Hinsdale, IL 60521
phone 331-588-6611
address21 North 4th Street, Geneva, IL 60134
Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.

© 2020 Law Office of Martoccio & Martoccio 15 North Lincoln Street, Hinsdale, IL 60521 630-920-8855

OVC Lawyer Marketing

Share Your Experience

X