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All drivers have a duty to exercise reasonable care when operating their vehicles on the roadway. However, many drivers in Dolton drive while they are tired, distracted, or functioning under the influence of drugs or alcohol. Impaired or inattentive drivers may make mistakes on the road that cause serious crashes and lead to physical, mental, and emotional pain.
If you were injured in a car wreck, a Dolton car accident lawyer could provide answers to your legal questions and help you understand the process of financial recovery under personal injury law. If you have grounds to file suit, your personal injury attorney could also help you do so effectively and efficiently in order to pursue fair compensation for your damages.
To recover compensation in a motor vehicle accident claim, the injured claimant may be asked to demonstrate negligence on behalf of the defendant driver. To be found liable, the defendant driver must first owe a duty to the harmed plaintiff. All drivers typically owe a duty to others on the road to operate their vehicles in a safe manner, such as by not texting while driving.
Once this is established, a persistent attorney could work to show a breach of the duty and the related injuries stemming from a Dolton car accident. Failing to exercise reasonable care in operating their vehicle and causing a collision may result in a defendant driver being held liable for damages.
A negligent driver is usually only liable for the damage they caused, but in many cases the court may find multiple parties are liable for an accident. For example, if a negligent cab driver struck another vehicle while carrying a passenger, the driver’s employer may be liable as well for not properly screening their employee before hiring them. In other cases, the court may determine that an injured plaintiff holds some fault for the car crash and resulting injuries.
Since negligent parties only bear liability for their own fault in an accident, they may try to argue that the injured party contributed to their own injuries. If the court find a plaintiff bears some degree of liability for the accident they are suing over, the amount of compensation available to them may be proportionally reduced in accordance with 735 Illinois Compiled Statutes 5/2-1116.
Contributory fault is not an automatic bar to recovery in most circumstances. However, if the court finds that the injured plaintiff bears 51 percent or more of the total fault, they may be barred from recovering damages entirely. An auto accident lawyer may be able to assist individuals in Dolton with claims that involve comparative fault.
The principles and legal theories used to hold multiple parties liable for damages are often complex. For this reason, it may be beneficial to have a car collision lawyer in Dolton investigate potentially liable parties. Depending on the circumstances of a collision (such as being a side-impact or front-end crash), all the different parties involved in a car accident may be a source of potential compensation.
Proper documentation of injuries is vital to personal injury claims. After a car accident, physicians and other medical professionals generate medical records. These records may contain pertinent information, such as injuries, any symptoms reported, and the results of physical examinations. Medical records and photographs could provide strong evidence to demonstrate the severity and extent of someone’s injuries.
Fighting to get fair compensation after a car crash can be frustrating. Having a Dolton car accident lawyer by your side could ease the burden and allow you to concentrate on recovering from your injuries. Schedule a free case review today to learn more about potential compensation, potentially negligent parties, and how to recover.