Determining FaultDetermining 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 NegligenceTo 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
- Driving under the influence
- Road rage