After a car accident, it is easy to wonder if you could have done something differently and prevented the crash. Determining fault is not only important for avoiding those mistakes in the future; your fault can also be key to court cases and insurance claims. If your actions did contribute to the crash, is it still possible to get the support you need?
In Illinois, the court assigns each party a percentage of fault
Illinois follows a “comparative negligence” system, specifically known as “modified comparative negligence.” This means that fault is allocated among all parties involved in an accident based on their respective contributions to the incident.
The court assigns each party involved in the accident a percentage of fault. If the court determines that you were more than 50% at fault, you cannot get money from the other person. If you were less than 50 percent at fault, you can recover damages.
How can your actions impact the compensation you receive?
Your level of fault does not only determine whether you can receive compensation. Your fault could also reduce the amount that you receive.
For example, if the court assigns you 10 percent of the fault, you can only receive 90 percent of the full value of your claim. If your full claim in this situation was worth $10,000, you would only receive $9,000 because of your fault.
How can you show how the other person’s actions led to an accident?
Because proving fault directly impacts the compensation you receive, it is essential to build a strong case. Gathering evidence like photos, witness statements and medical records can help you show what happened in the crash.
It is also important to seek guidance from an experienced attorney in the aftermath of a crash. They can help you preserve this evidence and seek other evidence like surveillance video that you may not have access to. Your lawyer can also build a strong legal strategy and advocate for you in court.
Fault matters, but you can still fight for compensation
While making a mistake in a car accident can complicate your ability to recover compensation, it does not necessarily prevent you from receiving support through a lawsuit. By taking the right steps, you can fight for the compensation you deserve, even if you bear some responsibility for the accident.