Who is liable in the event of a car accident? This question has been debated for many years and it’s difficult to say with certainty. Certain laws were made by the government to help guide us in the right direction, such as liability laws and mandatory insurance rules, but they can be interpreted in multiple ways. Therefore, it is essential to have an auto accident lawyer in Illinois by your side to tackle the situation efficiently.
In most cases, both parties are. In order to determine liability, courts take into account a number of things, including the victim’s comparative fault and the amount of damage caused by each party’s negligence. If, for example, one driver was speeding and his vehicle hit another from behind, causing significant injury to the other driver. Then the driver who was speeding will likely be found at fault for a majority of the damages.
The driver of the car who caused the wreck is typically liable for any damages. According to laws, this driver has to compensate for those who are harmed by their negligent driving. However, in some cases, other factors can be considered and affect liability. For example, if a pedestrian crossed against the light and was hit by a vehicle making a right turn, then that pedestrian may share fault for getting hit by not following the law.
Now let use the most common forms of negligence that mostly lead to a car accident.
Common Forms of Negligence that Result in Car Accidents
- Distracted driving
Every year, 1.25 million car accidents happen in the US. With so many distractions from texting to eating to talking on the phone, it is no wonder why so many accidents happen every day. In fact, distracted drivers are more likely to be involved in a fatal crash than sober drivers.
- Fatigued driving
Fatigue is a serious issue when it comes to driving because tired drivers are more likely to make mistakes which can lead to accidents. The effects of fatigue on driving skills are typically not obvious at the time they are happening but rather cumulative with each passing minute of driving.
- Violation of traffic laws
In recent years, traffic laws have been routinely violated as a result of the increasing number of cars on the road. This leads to an increased number of accidents where people are killed or seriously injured.