Negligence is a crucial factor in every personal injury case. It helps determine who is responsible when someone gets hurt.
In car accident cases, negligence is often the deciding factor in who is at fault and whether or not damages are available.
What is negligence?
Negligence occurs when someone fails to act with reasonable care. This means they did not do what a careful person would have done in the same situation. If their actions or lack of action cause harm, they may be considered negligent.
In car accidents, common examples of negligence include speeding, running through a red light or texting while driving. These behaviors increase the risk of injury to others on the road.
The key elements of negligence
To prove negligence in a car accident case, four things must usually be shown:
- Duty of care: All drivers are expected to drive safely.
- Breach of duty: The driver failed to drive safely, such as traveling at excessive speeds.
- Causation: The breach of duty directly caused the accident and the resulting injuries.
- Damages: The accident led to actual harm, like injuries or property damage.
All four elements must be present for a successful negligence claim.
How negligence plays out in car accident cases
After a crash in Illinois, each driver’s actions are looked at closely. Investigators may review traffic laws, witness statements or footage from cameras. Illinois follows a system called modified comparative negligence. This means a driver can still recover damages if they were less than 51 percent at fault. However, any compensation they receive will be reduced based on their level of fault.
Understanding how negligence works is important in any personal injury case. In car accidents, it helps explain who is responsible for the damage and why. Establishing negligence can open the door to substantial personal injury compensation.
