If you were injured in an auto accident as a passenger, it’s natural to be confused about your legal rights and obligations. After sustaining injuries in an auto accident as a passenger, to make a claim against the driver for damages, you might need to hire a skilled auto accident attorney to help with your case. An attorney will help you understand your rights as an injured passenger in an auto accident.
Determining Fault
Determining fault is the first step in claiming damages for any minor or serious injuries you suffered in an auto accident. Most people believe Illinois is a no-fault state, which is incorrect. Illinois follows comparative negligence, or a tort system.
Determining “fault” in an auto accident indicates the individual who is to be held responsible for the car crash is financially liable to compensate you for the injuries you’ve sustained. Compensation includes compensation for lost wages, emotional pain and trauma, medical expenses and property damage.
Comparative Negligence
To be compensated for your injuries as a passenger, you will need to prove the negligence of the driver with assistance from an accomplished auto accident attorney. To receive compensation, you will have to prove the driver of the vehicle was:
- Distracted while driving i.e. texting, eating or attending a phone call
- Speeding or aggressive driving
- Tailgating
- Driving under the influence
- Road rage
To prove negligence, your attorney will need to prove any single – or some, of the aforementioned driver’s behavior. If you are a passenger, you should be aware Illinois has a comparative negligence law where each party bases the compensation on the percentage of fault. For example, if you were a passenger and the other vehicle that hit you is found to be 50% responsible, then the other party is only eligible to pay 50% of the compensation. Similarly, if the driver of the vehicle you were in is held 80% responsible for the auto accident, then the driver is required to compensate 80% of your expenses.
If you wish to find out more about personal injuries as a passenger in an auto accident, schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.
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