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Common forms of car accident negligence

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Posted on January 19, 2021

Any time we get in our vehicles to go somewhere, we know there is a chance we may be involved in a car accident. Many of these accidents are caused by the negligence of one or more drivers. Negligence refers to breaching the duty you owe to other drivers, passengers, and pedestrians, by failing to operate your vehicle safely and in accordance with state law.

Drivers are required to abide by numerous traffic laws listed under Chapter 625 of the Illinois Compiled Statutes. Failure to follow these ‘rules of the road’ generally constitutes as driver negligence. Some of the most common forms of driver negligence include:

  • Driving without a valid license
  • Failing to yield the right-of-way
  • Failing to signal
  • Following too closely
  • Driving recklessly
  • Driving while impaired by drugs or alcohol
  • Failing to pay attention (driving while texting etc.)

What is modified comparative negligence?

As there are often multiple vehicles involved in an accident, there is a good chance that more than one driver’s negligence will have contributed to the accident. Under Illinois’ modified comparative negligence laws, if you are partially responsible for your own accident, you can still recover damages from the other negligent driver/drivers, as long as you were less than 51 percent at-fault. Any damages you are awarded will be reduced based on the amount of fault attributed to you by the judge or jury. For example, your damages will be reduced from $100,000 to $70,000, if the jury finds you to be 30 percent liable for your accident.

If you have been involved in an Illinois car accident, it is likely that your accident was caused, at least in part, by negligence. Filing a personal injury claim against a negligent driver can help you recover damages to cover accident-related expenses.