Being involved in an automobile accident might have a devastating impact on the lives of an injured person and their families. Along with debilitating physical and mental injuries that may require medical care, some individuals may never work again or may have expensive medical needs far into the future.
Many collisions lead to complex questions regarding whether any laws were broken and who was at fault. When you are faced with such a complicated journey after a crash, consulting with a Will County car accident lawyer may be your best option. A dedicated personal injury attorney could guide you through the Illinois car accident laws relevant to your situation and fight to pursue fair compensation for your injuries.
Naming the Proper Defendants
Injury and damage claims arising from motor vehicle accidents are often caused by negligence on the part of a driver. In such a case, the alleged at-fault driver would be considered a defendant in any subsequent civil case.
In certain situations, the vehicle’s owner might be held liable as well if the injured plaintiff could prove the negligent driver was an agent of the owner at the time of the accident, or that the owner negligently entrusted their motor vehicle to another driver. A car accident attorney in Will County could help a potential plaintiff explore this possibility in greater detail.
Agency
The actual owner of the car, or the “principal,” could be liable for the driver’s negligence under the legal concept of agency if the driver is performing some act for another at the time of the accident. There are two common scenarios when the agency may occur: either the driver is a family member or friend of the owner, or they are an employee of the insured.
Under an “agency” theory, families in Illinois may be held liable for their child’s negligent driving, as established in Stellmach v. Olson, 242 Ill.App.3d 61, 64 {2nd Dist. 1993}. If the child is driving their parent’s car for their own purpose, a parent may not be considered liable even if they consented to that use. The question of whether an action is considered a “family errand” is often a question of fact for the jury to consider during the trial.
Negligent Entrustment
An act of negligent entrustment consists of lending or entrusting a dangerous article to another person who the lender knows is likely to use it in a negligent manner. If the owner lends their car to a friend who should not be driving due to a lack of driving privileges, the owner may face liability not only for the negligence of the driver but also for giving them the keys in the first place. A Will County car wreck lawyer could explain a person’s legal options if they are accused of negligent entrustment in a car accident case.
Comparative Fault
Illinois follows a modified comparative negligence system which means the if appropriate, more than one person may be considered liable for an accident. Under the state’s comparative negligence law, an injured person would only be eligible to recover damages if they were less than 51 percent at fault.
Insurance adjusters determine fault by using a standard formula that involves assigning a certain percentage of fault to each party to determine which driver is most at fault. If the defendant is assigned 70 percent at fault for a two-car crash, the injured person may be assigned 30 percent of the fault.
The plaintiff’s recoverable damages would be reduced according to their own percentage of fault. Given the potential significance of this severity, a skilled attorney who could fight to contest any attempts by the defendant to shift liability could be a critical ally for a plaintiff to have.
Get in Touch With a Will County Car Accident Attorney
Many laws in Illinois could affect how you should handle a car accident and may influence the outcome of a personal injury lawsuit or insurance claim. If you were injured in a motor vehicle collision, an experienced Will County car accident lawyer could go over your situation with you and help you determine the best next steps. Schedule your initial consultation by calling today.
