When a serious crash occurs, there is often more than one cause. Maybe one driver was speeding while the other driver was distracted. Perhaps, one driver was tired while the other driver under the influence of prescription medications. In these cases, more than one party may be at fault for the truck crash.

The percentage of fault that is attributed to each party must be negotiated during settlement talks or decided by the court, and the exact percentage is very important. It may determine the amount of money that you can recover in a legal case—or whether you can recover any money at all.

Illinois Contributory Negligence Law In Your Truck Accident

According to the Illinois Compiled Statutes (735 ILCS 5/2-1116 (c)):

  • You cannot recover damages in a truck accident case if you are found to be 50% or more of the proximate cause of your injuries. In other words, if your actions or inactions made you primarily responsible for the accident, then you cannot recover damages from someone else.
  • If you were partly at fault for the accident, but the percentage of your fault is found to be less than 50%, then you may recover damages for the injuries that you have suffered. However, your recovery will be reduced by the percentage of fault attributed to you. For example, if you are found to be 25% responsible for the crash and the trucker is found to be 75% responsible for the crash, then you may recover damages—but your total recovery will be reduced by 25%.

For these reasons, determining the exact cause of your crash and the percentage of fault attributed to each party is very important.

Don’t Negotiate Liability on Your Own For A Truck Accident

An Illinois truck accident lawyer can investigate what happened to you and make compelling arguments to the insurance company or to the court to ensure that a fair determination of fault is made. For more information about how a lawyer can help you protect your right to a fair recovery and how Illinois truck accident cases work, please contact us online or call us directly at 800.800.5678 to schedule a free, no-obligation consultation.

Jason F. Abraham
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Helping car accident and personal injury victims throughout Wisconsin, Illinois and Iowa since 1993.