What Is Negligence, and How Does it Affect Car Accident Injury Cases in Illinois?

 Posted on July 17,2019 in Personal Injury

Being involved in an auto accident can be scary, even when the collision is minor and there are no injuries. In some cases, car accidents may cause serious injuries that leave victims with painful conditions that can last for the rest of their lives. A vehicle crash can also result in costly medical bills, lost wages, expensive auto repairs, and other damages. Fortunately, a victim may pursue a personal injury that will allow them to recover compensation that will cover all or some of those expenses. To do so, the other driver's negligence must be proved using four elements: duty of care, breach of duty of care, causation, and damages.

Duty of Care

The idea behind negligence in Illinois is that drivers have a duty to take reasonable measures to ensure they do not hurt others who are on the road. This means that drivers are responsible for obeying all traffic laws and using other precautions when driving. Examples of obeying this duty of care include:

• Paying attention to the task of driving

• Driving within the set speed limits

• Avoiding distractions

• Stopping at all red lights and/or stop signs

• Using turn signals

• Yielding when appropriate

Breach of Duty of Care

The breach of duty of care is perhaps one of the most important factors of a negligence claim. This element is proof that the driver did not act in a reasonable manner or in a manner that a typical person would act in while driving. A breach of duty of care can be proved by providing evidence that the driver broke a traffic law or otherwise acted in a reckless or unsafe manner, which put others in danger.

Causation and Damages

Lastly, a victim must prove that the driver’s breach of duty of care was the reason that they suffered damages. Two types of causation exist: cause-in-fact and proximate cause. If the breach of duty of care was the actual and direct cause of damages, then it would be considered cause-in-fact. Proximate cause is a breach of duty of care that did not necessarily result in damages or injuries directly, but that created conditions that would not exist had it not been for that breach in the duty of care.

Damages are what a victim claims happened to them as a result of the negligence of the other driver. Damages can include things such as:

• Physical injuries

• Lost wages or earning capacity

• Pain and suffering

• Damage to a vehicle or other property

Contact a DuPage County Personal Injury Lawyer

Being involved in a car accident can cause you to sustain injuries that will affect you for the rest of your life. If you or a loved one has suffered from injuries due to an automobile crash, a Naperville car accident attorney can help. At Mevorah & Giglio Law Offices, we will review your case and determine the best course of action to pursue compensation. Our team of dedicated attorneys has decades of experience helping clients deal with insurance companies and negligent drivers. Before you talk to your insurance company, call our office at 630-932-9100 to speak with a skilled car accident lawyer. We offer free consultations and operate on a contingency basis, meaning there are no attorney fees until you win.