Victims injured in a multi-vehicle crash in Illinois can bring a legal claim against all drivers who contributed to causing the accident. Figuring out which driver is the most responsible for generating the collision is not the primary concern of the plaintiff necessarily. Instead, identifying all liable drivers and their insurance carries is the essential consideration in a multi-car crash in Illinois. The drivers who somehow caused the accident have the opportunity to fight it out among themselves who is the most culpable.
A driver accused of causing a multi-car pile-up can turn the tables against all of the other drivers, including the plaintiff by blaming everyone else for causing the crash. Unless one driver emerges as the one who obviously caused the collision, then each driver will point an accusatory finger at all of the others. Sorting this out can be challenging even for the savviest and experienced Illinois multi-vehicle accident attorneys.
The question of which driver is at fault for a chain reaction crash in Illinois will be determined by the application of Illinois’ rules of negligence. Negligence is the legal term for carelessness. Carelessness, or negligence, is determined by the existence of a duty of care. Duty of care essentially means that the person accused of being negligent had an affirmative obligation to behave according to specific legal and societal standards. In Illinois, as elsewhere in the U.S., each driver has the affirmative duty of care to drive safely and not cause an accident. Therefore, determining who caused an accident comes down to identifying which driver breached Illinois obligation to drive safely.
The fault will be apportioned to each driver according to how careless they were at the time the crash occurred. That rule applies to the plaintiff as well. Contributory negligence in Illinois could reduce the amount of a financial award won by the plaintiff or eliminate it altogether if the plaintiff was 50% or more at fault for putting the accident in motion.
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Stein & Shulman, LLC has over 45 years of combined experienced in Illinois Personal Injury Law. You can receive a free and instant case review by calling our office at 312.422.0500.
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