Negligence Law And An Auto Accident

by | Jan 4, 2016 | Lawyer

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If you ever are involved in an auto accident in Woodstock, Illinois, one question that will emerge is “Who is at fault?” This is not an easy question to answer. While you may think you know, this is not your call. It is up to a court of law. To make certain you have a chance to prevail, you will need the help of a firm of auto accident attorneys such as those who work at Robert T. Edens law office.

Negligence and Auto Accidents

If you are in a car accident, your lawyer needs to provide the court with evidence that establishes that not you, but the defendant was responsible. The auto accident attorneys you hire need to show that the injuries or damages you and your property sustained were the result of negligence of the other party or parties. In order to do so, they must prove, under Illinois negligence law the following:

  • Duty of Care: Your lawyer must establish the existence of a duty between the defendant and yourself
  • Breach of Duty: The defendant involved in the auto accident breached (failed to meet) that duty
  • Causation: The failure – and not something else, was directly responsible for the damages and injuries to you
  • Damages: You were physically, emotionally or psychologically injured and/or suffered some form of loss as a result of the careless (negligent) actions of the defendant

To be successful in a court of law in Woodstock or elsewhere in Illinois, you have to prove all these elements of a negligence case. Once you have passed this hurdle, you have to address another legal issue. In Illinois, auto accident attorneys have to deal with the concept of fault.

Comparative Negligence and Fault

In Illinois, modified comparative negligence is the standard. The general concept behind its adoption of this form of comparative fault is simple. It is based on the concept that no one individual is ever completely at fault for or negligent in a situation. Everyone bears some form of responsibility for the outcome.

In the Woodstock judicial system, your auto accident attorneys will work hard to prove that the defendant is at fault. They will try to make the court understand that under strict tort liability you bear no amount of contributory fault. Under this system, they will strive to ensure you recover as much as is possible.

The problem with the comparative contributory fault system is you may be found to be guilty or contributory. If the court decides you are only minimally contributory to the accident, you will still receive a significant amount of compensation. If, however, the amount of blame allotted you is as high as 50%, you will not be able to receive any recompense.

Auto Accident Attorneys Can Help

If you are in an auto accident in Woodstock, do not try to take on the system on your own. The laws of negligence require a certain set of skills that lawyers at responsible firms including Robert T. Edens possess. If you wish to press a suit successfully against those whose negligent actions caused your injuries and damages, you will have to look to the professionals. Contact and ask for help from a competent and reputable firm of auto accident attorneys.