What is Comparative Negligence?

Illinois Truck Accident Lawyer Dan Newlin explains “Comparative Negligence.”

Being involved in a tractor trailer accident in Chicago or the Suburbs may entitle you to thousands of dollars for your injuries, lost wages, property damage, medical bills and long term care. The force of the impact can cause extensive damage to your vehicle and significant injuries to you or a loved one. Many times the injuries are so severe that medical bills and treatment expenses easily exceed $100,000. At the law Offices of Attorney Dan Newlin, Chicago, we are honored to protect and fight for tractor trailer accident victims. On many occasions we find that accident involving tractor trailers many times involve more severe injuries and greater property loss and that these semi-truck accident often times leave the injured victims with permanent incapacitating injuries. As the son of a Chicago Steel worker and as a former police detective, Attorney Dan Newlin understands firsthand the importance of helping the good people of Northern Illinois and Chicago. Attorney Dan Newlin and his team of experienced lawyers will fight for you!

We are a local law firm, serving all of Northern Illinois with our law offices located in downtown Chicago. No matter where you live in Illinois, Chicago or the Suburbs we are here for you 24 hours a day 7 days week, Attorney Dan Newlin or one of his experienced tractor trailer attorneys will be honored to meet you in person to advise you of all of your legal rights and will be honored to personally help you during this difficult time. Attorney Dan Newlin and his experienced team of Chicago attorneys have proudly recovered over 150 Million Dollars for injury and accident victims. If you have questions about your tractor trailer accident call Attorney Dan Newlin now for a free consultation at 312-888-8000.

Illinois has specific laws that apply to tractor trailer highway accidents. Some of these laws are decisive when it comes to determining who will be able to recover for their property loss and injuries suffered in these devastating semi-truck accidents. The experienced trucking lawyers at the law offices of Attorney Dan Newlin can help you understand who is at fault in an accident and whether you will be able to recover your loss. No matter where you live in Illinois, Chicago or the Suburbs we are here for you 24 hours a day 7 days week, Attorney Dan Newlin or one of his experienced tractor trailer attorneys will be honored to meet you in person to advise you of all of your legal rights and will be honored to personally help you during this difficult time.

Because Illinois laws are complicated, even if you believe that you are to blame for the local Chicago trucking accident, do not admit anything, do not agree to pay any of the damages the truck driver and his trucking company employer are claiming, and definitely do not sign anything (regardless of whether it assigns blame) without first contacting the experienced attorneys at the Law Offices of Attorney Dan Newlin and being advised on what to do and who is to blame for the accident. If you have questions about your tractor trailer accident call Attorney Dan Newlin now for a free consultation at 312-888-8000.

The state of Illinois is a comparative fault jurisdiction, and therefore a person’s degree of fault in a trucking accident matters. This means that the percentage of fault you share for your actions in an 18-wheeler accident on an interstate is important when it comes to whether you are entitled to recover for your property loss and injuries. So when determining which driver is at fault in any trucking accident, any negligent acts which you, the Plaintiff, committed may be taken into account in determining the fault of the parties in causing the accident. If your actions amounted to negligence and those actions are determined to amount to more than 50% of the reason the accident occurred, then Illinois law does not allow you to legally recover for your losses. However, if at trial your actions are found to have contributed to having caused less than 50% of the accident, then you will still legally be able to recover for your injuries from the trucking company and merely the amount of the verdict will be reduced by the percentage that your actions contributed to the accident. As you can see, this is a complicated area of law and you need an experienced attorney on your side.

To illustrate what this means, imagine that you, the Plaintiff, are speeding in a construction zone when the Defendant truck driver, who is heading in the opposite direction, fails to stop his semi at a stop sign and travels in front of your automobile, motorcycle or SUV. The Defendant may have been negligent in failing to stop, but the Plaintiff’s excessive speed will also be considered as it too may have contributed to the Defendant’s inability to stop in time and avoid the trucking accident. Now, let’s say in this instance this particular Plaintiff suffered significant injuries and the amount of the damages equals $100,000. When an experienced trial lawyer brings your legal claim before a trial court, the jury will be asked to determine the percentage of fault between the Plaintiff and the Defendant truck driver. The jury may determine that the Plaintiff’s speeding contributed to 30% of the fault in the accident which in turn means that all the Plaintiff could recover for their $100,000 in damages is $70,000, the equivalent of the $100,000 in damages minus the 30% they themselves contributed to the accident.

However, in the above example, if the jury were to determine that the speeding caused 50% or more of the accident then you are completely barred from recovering for your injury, because your fault is greater than that of the Defendant’s. No matter where you live in Illinois, Chicago or the Suburbs we are here for you 24 hours a day 7 days week, Attorney Dan Newlin or one of his experienced tractor trailer attorneys will be honored to meet you in person to advise you of all of your legal rights and will be honored to personally help you during this difficult time. Attorney Dan Newlin and his experienced team of Chicago attorneys have proudly recovered over 150 Million Dollars for injury and accident victims. If you have questions about your tractor trailer accident call Attorney Dan Newlin now for a free consultation at 312-888-8000.

Lastly, note that if you are a passenger traveling in a car that is involved in a trucking accident this will not matter. You will be able to recover 100% of your injuries since you did not contribute to the accident.

No matter what the situation, your accident and subsequent injuries may be subject to several Illinois laws and provisions. Don’t attempt to go it alone. At the law Offices of Attorney Dan Newlin, Chicago, we are honored to protect and fight for tractor trailer accident victims. Attorney Dan Newlin and his experienced team of Chicago attorneys will always be ready to offer free advice regarding the damages you have suffered as a consequence of the accident as well as discuss any issues concerning the negligence or liability of the responsible parties. No matter where you live in Illinois, Chicago or the Suburbs we are here for you 24 hours a day 7 days week, Attorney Dan Newlin or one of his experienced tractor trailer attorneys will be honored to meet you in person to advise you of all of your legal rights and will be honored to personally help you during this difficult time.

Attorney Dan Newlin and his experienced team of Chicago attorneys have proudly recovered over 150 Million Dollars for injury and accident victims.

If you have questions about your tractor trailer accident call Attorney Dan Newlin now for a free consultation at 312-888-8000.