How Comparative Fault Is Determined Under Illinois Law
If, however, you were in the process of changing lanes when you collided with a speeding driver, each of you might be assigned part of the fault. You had a duty to make sure the lane was clear before moving into it. The other driver had a duty to obey the speed limit and to slow down to avoid a collision if possible.
When fault must be apportioned, your attorney will thoroughly study the events leading to your injury. This effort may include reviewing physical evidence, interviewing witnesses, studying police reports, gathering medical records, and consulting with experts. Most commonly, your lawyer and the defendant’s lawyer will discuss the evidence and come to an agreement about the
In a court trial, your attorney will argue that the defendant’s negligence was the primary or sole cause of the events that led to your injuries. Under Illinois law (735 ILCS 5/2-613(d)), the burden is on the defendant to show how your own negligence contributed to your injuries and to argue what percent of the fault should be assigned to you. The jury--or, in the case of a bench trial, the judge--will then decide how the fault should be apportioned.
Consult an Experienced Palatine Personal Injury Lawyer
If you have been severely injured in a car accident or other incident resulting from another person or company’s carelessness, consult a knowledgeable Schaumburg civil litigation attorney for advice. Call the law offices of Drost, Gilbert, Andrew & Apicella, LLC at 847-934-6000. There is no fee for your initial consultation.
About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.