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How is Fault in a Truck Accident Determined?

— March 25, 2022

Your attorney can help you prove driver negligence in a number of different ways.

If you’ve been involved in a truck accident, you might have a pretty strong idea about who was to blame. After all, it doesn’t take a genius to figure out who’s to blame when a semi-truck slams into you after speeding through a red light. But sometimes, fault is much more difficult to determine. This is especially true if multiple vehicles were involved in the crash, as fault might be shared between various parties. You yourself might even be partly to blame for the accident. So how exactly are these confusing situations dealt with, and how can you receive the settlement you deserve?

Determining who’s to blame for your accident becomes much easier when you get help from a qualified, experienced truck accident attorney in Illinois. These legal professionals can assess your unique situation during a consultation before recommending the best course of action. With assistance from one of these attorneys, you can strive towards a positive outcome and a fair, adequate settlement. 

Why Establishing Fault is Important in Illinois

Establishing fault in Illinois is important because the state follows “fault-based” car accident laws. This means that in order to file an injury claim and recover compensation, you must show that someone else’s negligence led directly to your injuries. 

Comparative Negligence in Illinois

Illinois also follows a system of modified comparative negligence. This means that even if you were partly to blame for the semi-truck crash, you can still file a claim and recover compensation. However, you are barred from filing a claim if you are 50% at fault for the accident. As long as you were less than 50% to blame, you can still file a claim. 

Examples of Fault

Foggy road; image by Tobias Huske, via
Foggy road; image by Tobias Huske, via

So what exactly constitutes fault in a truck accident? Here are a few examples:

  • Speeding
  • Distracted driving
  • Intoxicated driving
  • Not obeying traffic signs
  • Driving in poor weather conditions
  • Failing to maintain the vehicle
  • Driving too slowly
  • Failing to use turn signals before switching lanes
  • Passing in the slow lane

Your attorney can help you prove driver negligence in a number of different ways. For example, they might refer to police reports that clearly show the trucker was intoxicated at the time of the crash. Or perhaps they will show the court text messages that were sent seconds before the crash, proving that the trucker was guilty of distracted driving. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching the Chicago area for a qualified, experienced truck accident attorney, look no further than Dinizulu Law Group, Ltd. We have helped a wide range of injured victims over the years, including those who have been harmed by semi-truck accidents. With our help, you can determine who is to blame before taking appropriate legal action. Book your consultation today, and you can take your first steps towards a fair, adequate settlement. 

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