Don Cary Collins Attorney at Law

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Driver at Fault

Fault-Based Car Accident Occuring in the Belleville, IL Area

Car Accident

Different states in the United States all follow different systems determining car accident claims. The two systems that states will follow are no-fault or fault-based. In no-fault systems, an injured victim does not need to prove that anyone was at fault for the accident that had caused them injuries. They can simply collect compensation for their damages regardless of the fault as long as they file claims with their own auto insurance. In fault-based systems, victims of auto accidents have to bring a claim against a driver who was at fault’s insurance providers. Belleville, IL follows the fault-based system like the rest of Illinois. Here we have some more information you will need to know to receive compensation for the injuries you received in an auto accident in the state of Illinois.

Comparative Negligence

Now that you know that Belleville, IL uses a fault-based system, you need to know some more important information about these systems. As stated before, in states that follow fault-based systems, a victim needs to be able to show an at-fault party whose negligence led to the crash that caused the injuries. You may be wondering what happens when multiple parties are at fault. In cases like these two kinds of comparative negligence are used, pure comparative negligence encompasses the injured parties that can go for compensation for their injury as long as another party is at least at 1% fault, and modified comparative negligence includes injured parties who can go for compensation if they do share some of the blame, but their fault does not accede a limit. In the state of Illinois, that follows a 49% limit. If you go over that, you cannot file for compensation with the insurance company. If you have any fault at all, you will not be able to recover as much compensation as if you were not at fault.

Determining Fault in the Car Accident

Personal Injury Attorney

Determining the fault for an automobile accident can be tricky. There needs to be enough evidence to prove someone was at fault. There are some cases where you can pinpoint absolute negligence, while other times it can be tricky to prove who was truly to blame. Be aware that some insurance companies may try to blame you for the accident or try to show that you were at more fault than you actually were. This is why it is important to find a local professional attorney to defend your rights in the matter.

If you are looking for a reputable attorney in Belleville, IL who can help you prove you were not at blame and fight for your rights to receive compensation, give our team of experts at the Law Office Of Don Cary Collins a call today!

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