When you’re injured in a car accident, you may feel helpless. Your injuries may require a lengthy recovery period, preventing you from earning your wages. You may be in physical pain while also feeling the emotional toll of your injuries.
In most cases, car accident victims are left with financial impacts. Between your usual monthly bills and these unexpected expenses, it can put a real burden on you, all because of another driver’s negligence.
What you may not realize is that you have legal rights after a car accident. Understanding them can help you recover compensation for the damages you’ve incurred in the crash.
What to Know About Auto Insurance in Illinois
Every driver on the road in Illinois must have liability insurance as part of their auto policy coverage. However, since this state uses a fault-based insurance system, the driver who caused the accident is responsible for paying for your injuries.
Unfortunately, this may also mean that things drag on for some time as the other driver may try to argue that you were at fault. An investigation will need to be conducted by the insurance companies to determine which party was at fault.
Determining Negligence for Illinois Car Crashes
When a negligent driver causes an accident, they will be held liable for the losses of all victims in the crash. Negligent driving can take many different forms, such as texting or being distracted while driving, running a red light, speeding, weaving in and out of traffic, or driving while intoxicated.
As the injury victim, you must show the other driver was negligent in their actions, leading to the accident. You’ll also need to show that this accident caused your injuries and led to your damages. With these fault-based laws, it can be much more difficult to prove this on your own. This is why many injury victims seek legal counsel to represent them in car accident cases.
Factoring in Comparative Negligence
Another reason you may want to work with an attorney is because of the comparative negligence laws in Illinois. Comparative negligence allows for assigning multiple drivers fault in an accident.
This means that you could also be held partially responsible for the crash. Modified comparative negligence laws allow you to recover damages if you are less than 50% at fault. Your portion of compensation will be reduced by the percentage of fault assigned to you. It’s entirely possible that the at-fault party will try to put some blame on you. While you’d still likely recover some compensation, it may not be enough to cover the damages you’ve incurred.
Know Your Rights to Pursue Compensation After a Crash
The aftermath of a car accident is always uncertain and upsetting. Your injuries may make it difficult to focus, and there are many steps you will need to take to start moving forward.
You have more legal rights than you may think, which is why it’s important to speak to a car accident attorney to find out more about your options.