How Does Contributory Negligence Affect an Illinois Personal Injury Case?

 Posted on March 24, 2021 in Personal Injury

If you are injured through no fault of your own, you may be aware that in many cases, Illinois law allows you to pursue compensation from a person or party whose negligence is responsible for your injuries. However, questions of negligence can be complicated, and defendants in personal injury cases often attempt to argue that the plaintiff’s own negligence contributed to their injuries. If there is a possibility that you were partially at fault for the accident in which you were injured, you should work with an attorney to determine whether compensation is available.

Contributory Negligence in Illinois

While Illinois recognizes that an injury victim may have contributed to the circumstances causing their injuries, the state does not necessarily prevent them from recovering damages from other negligent parties in these cases. Rather, in determining the availability of compensation, the court will seek to establish the percentage of fault of each party who contributed to the accident. If an injury victim bears 50 percent of the fault or less, they can still recover compensation, but their damages will be reduced by their percentage of fault. On the other hand, if the injury victim bears more than 50 percent of the fault, they will be ineligible for compensation.

Preventing and Fighting Claims of Contributory Negligence

Even in cases in which recovery is not completely barred, contributory negligence can greatly reduce an injury victim’s compensation and make it more difficult for them to cover their expenses. Clearly, then, it is important to try to avoid situations in which contributory negligence can be claimed. In the case of a car accident, defendants may point to a number of factors as evidence of contributory negligence, including:

• Illegal traffic maneuvers
• Speeding
• Alcohol intoxication
• Cell phone use and driver distraction
• Failure to properly signal
• Poorly maintained or nonfunctional vehicle parts

One of the best ways to prevent claims of contributory negligence is to ensure that you always drive safely and that your lights, brakes, and turn signals are working properly. If the defendant does claim that your negligence contributed to the accident, your attorney can help you gather evidence and collect testimony from witnesses and experts to establish the facts of the crash and ensure that you are not assigned a larger percentage of fault than you should be.

Contact a DuPage County Personal Injury Attorney

In a personal injury case, an experienced attorney can help you establish another party’s negligence and defend against claims of your own negligence, thereby helping you achieve the most possible compensation. For a free consultation to better understand your chances of recovering damages, contact a Naperville personal injury lawyer at Mevorah & Giglio Law Offices by calling 630-932-9100.