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If you have questions about how to prove negligence in Oak Lawn car accident cases, do not hesitate to reach out to a dedicated collision attorney who can offer you their assistance. A professional lawyer can work to prove the other party’s liability by gathering evidence, interviewing key witnesses, and acting as a fierce advocate on your behalf. Read on to learn more about what constitutes negligence in Oak Lawn car accident cases, as well as the ways a skilled attorney could fight for your compensation today.
The most common cause of car accidents in Oak Lawn is distracted driving. Distracted driving can take many forms. The distracted driver could be texting, talking on the phone, eating food, or be distracted by other passengers in the car. Each of these acts of negligence can contribute to the driver losing focus on driving and causing a car accident in Oak Lawn. Another cause of car accidents includes aggressive driving. Aggressive driving can take the form of speeding or illegal passing on the left into a lane of oncoming traffic. Reach out to an experienced injury lawyer to learn more.
Oak Lawn is governed by a law called contributory negligence. This means that more than one driver can be the cause of an accident in order to receive compensation–the defendant does not have to bear all of the fault in order for the plaintiff to recover for their damages. If an accident is found to be more than one individual’s fault, that resulting percentage of fault is called contributory negligence. If a driver is found to be partially at fault for causing the accident, their amount of recovery will be reduced by that amount. For example, if a jury determines that a driver is 25% at fault for causing an accident, the amount of compensation that they will receive will only be 75% of the original value.
In an Oak Lawn car accident case, an insurance company will consider whether a driver is partially negligent. If a driver is found to be partially at fault, it will reduce the amount of the settlement offered by the insurance company. An example of contributory negligence would be in a left-hand turn case. Generally, the driver going straight has the right of way and the driver turning left must yield the right of way. Sometimes a car can nearly clear the intersection making a left turn when it is struck by the vehicle going straight. In this case, the left-hand turning vehicle had control of the intersection. An insurance company would use this when assessing the percentage of fault between the parties.
There are three things everyone should know about negligence in Oak Lawn car accident cases. First, a plaintiff must be able to prove the defendant’s liability. This means that the accident must be someone else’s fault. An individual cannot make a recovery if the accident is their own fault. Second, in an Oak Lawn car accident case, a plaintiff must be able to prove that they sustained damages as a result of the accident. Usually, an individual proves damages through medical treatment and doctor’s reports. Finally, a plaintiff must coordinate between various insurance companies.
An individual’s health or car insurance may have paid some of their medical bills, and the recovery from the at-fault insurance company must repay these other insurance companies. An experienced personal injury lawyer can help someone navigate this difficult situation through skilled representation. Consider reaching out to a professional attorney today for an initial consultation.