Partially at Fault in a Car Accident? You May Still Be Able to Recover Damages

 Posted on December 00,0000 in Accident Liability

You have a couple of options if an insurance company told you that you were partially at fault in a car accident. Fault is important because it is the first consideration in getting a victim compensated for injuries. If you are found to be at fault or mostly at fault, you will not be able to recover.

Option 1: Challenge the Fault Determination

If you got into a car accident with another person, the other driver’s insurer is interested in finding you to be at fault. If you are at fault or partially at fault, the insurance company will pay out less money to you.

It may be that you are not at fault or should not bear the amount of fault that the insurer says. A car accident attorney with knowledge of traffic laws will be able to re-examine your accident. If necessary, the attorney will enlist the help of a car accident reconstructionist who can better ascertain fault.

If the parties cannot agree on fault, the case may go to trial, where fault will be determined by a judge or jury.

Option 2: Recover a Percentage of Your Damages

If you are ultimately determined to be partially at fault, you can still recover. In Illinois, the law of modified comparative negligence provides that so long as you are less than 50 percent at fault you can be awarded a percentage of your damages.

For example, if you were found to be 25 percent at fault in your car accident and you proved $100,000 in damages, you would be awarded $75,000. However, if you were found to be 50 percent at fault, you could not recover.

Damages in Comparative Fault Cases

If you are partially at fault, it is crucial that you prove every damage possible in order to maximize your reduced recovery. Accident victims are often eligible for many types of damages, some of which may be overlooked by a lay person.

Damages in car accident cases may include:

• Medical bills, past, and future;
• Lost earnings, past and future;
• Property damage to your vehicle and other property;
• Attorney’s fees;
• Pain and suffering; and
• Disfigurement.

Contact a Lake County Car Accident Lawyer

In Illinois, you have two years to bring a lawsuit for personal injury from car accidents. You should contact an attorney as soon as possible so that you do not lose your rights.

Our firm works tirelessly to get the compensation that accident victims deserve. A seasoned Lake County car accident attorney at Salvi & Maher, LLP will review the facts of your case and explain your options to you. Call 847-662-3303 to schedule a free case evaluation.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116