A Detailed Look at Illinois’ At-Fault Laws

Apr 21, 2023

Illinois is one of the many states in the United States that follow the traditional fault-based system when it comes to determining liability in car accidents. This means that the driver who is found to be at fault for the accident is responsible for paying for the damages and injuries that result from the accident. In this article, we will take a closer look at Illinois’ at-fault laws and how they work.

Under Illinois law, all drivers are required to carry liability insurance. Liability insurance is designed to protect drivers from financial loss in case they are found to be at fault in a car accident. Liability insurance typically covers damages to the other driver’s vehicle, as well as medical expenses and lost wages incurred as a result of the accident.

When a car accident occurs in Illinois, the drivers involved must exchange insurance information. This includes the name of the insurance company, the policy number, and the name of the insured. If the accident results in injury, death, or property damage exceeding $1,500, the drivers must file a report with the Illinois Department of Transportation within 10 days of the accident.

Once a car accident has been reported, the insurance companies of the drivers involved will begin their investigation. This investigation will determine who was at fault for the accident. In some cases, fault may be clear-cut, such as when one driver was clearly disobeying traffic laws, driving under the influence of drugs or alcohol, or texting while driving. In other cases, fault may be more difficult to determine, such as when both drivers were equally at fault or when the cause of the accident is unclear.

Once fault has been determined, the at-fault driver’s insurance company will be responsible for paying for the damages and injuries resulting from the accident. If the at-fault driver’s insurance policy does not cover the full amount of damages and injuries, the injured party may be able to file a lawsuit to recover additional damages.

It is important to note that Illinois is a modified comparative negligence state. This means that if the injured party is found to be partially at fault for the accident, their damages will be reduced by the percentage of fault assigned to them. For example, if a driver is found to be 30% at fault for an accident and their damages total $10,000, their damages will be reduced by $3,000 (30% of $10,000), and they will be able to recover $7,000 from the at-fault driver’s insurance company.

In conclusion, Illinois’ at-fault laws require drivers to carry liability insurance and hold at-fault drivers responsible for paying for the damages and injuries resulting from a car accident. If you have been injured in a car accident in Illinois, it is important to speak with an experienced personal injury attorney to ensure that your rights are protected and that you receive the compensation you deserve.

Contact Coffman Law Offices, P.C.

Coffman Law is committed to providing superb legal representation for people who are suffering from severe personal injuries or are dealing with the loss of a loved one due to negligence or misconduct. Coffman Law is a results-driven firm focused on ensuring that clients receive the compassion, attention, and consideration that they need to seek adequate redress for injuries or loss. The firm is led by Owner and Founding Partner Brian Coffman, who has dedicated his career to helping accident victims navigate the legal system and obtain redress for their injuries. If you have been injured or lost a loved one, contact Coffman Law today for a free consultation.