Auto Accidents Under Illinois Law

by | Jan 28, 2016 | Law Services


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Every year, auto accidents occur on the nation’s streets, byways and highways. America is a nation of vehicles. Accidents are bound to happen. When they do, whether it is in Westchester, IL, Cortland, OH, Miami, FL or San Diego, CA, the best defense is to contact a local firm of auto accident attorneys. With fatal auto accidents on the rise in Illinois, relying on a lawyer may be your family’s own chance to be compensated for their loss.

Basic Laws Affecting Auto Accidents in Illinois

In Illinois, auto accident attorneys require specific knowledge of the law governing personal injury and auto accidents. In particular, they will brief their clients on the following pertinent information:

  • The Statute of Limitations: All states establish a Statute of Limitations for various offenses. This is the time you and your lawyer have to file everything pertaining to the auto accident. Attorneys know the specified time to be two years immediately following the incident. In the case of suing for property damage, the plaintiff must file within the five year limit.
  • Negligence: If you are involved in a car accident in Westchester, IL, you need to understand the concept of negligence. Auto accident attorneys must supply the court with sufficient proof that the defendant was negligent in his or her actions or behavior. The lawyer must establish a duty of care between you and the defendant and prove that he or she failed to meet that care (breached). Your attorney must also provide a causal link between the damages/personal injury you suffered and the actions of the defendant.
  • Comparative Fault: Also, a concern is the rule of comparative fault. In Illinois, if the plaintiff is involved in an accident in Westchester or any other city, town or community, he or she can expect the defendant to try to prove the blame is not only his or hers to bear.  The defendant’s lawyer will try to say you were partially at fault.
    The law governing this is comparative fault. It means that if the defendant’s lawyer or insurance company can prove you are minimally to blame for the accident, you will not receive total compensation. It will not be the entire sum requested, as some money will be subtracted for your culpability, but it will amount to a certain percentage of the total. However, if in fact, the court finds you 50% or more at fault, you and your firm of auto accident attorneys will receive nothing.

The law of comparative negligence is one reason why it becomes necessary to talk about your situation in great detail with an auto accident lawyer.

Auto Accident Attorneys

The results of an auto accident in Westchester can affect you and your family for life. Whether you are seriously harmed or simply shaken up, do not let the other driver’s insurance company dictate your rights. If negligence is involved, you have the right to seek compensation. Before you proceed to accept any settlement, talk to a local firm of auto accident attorneys. They can help steer you through what is a complicated matter and sometimes high-stakes matter.

In Westchester, Auto Accident Attorneys play a significant role in handling a claim. If you want high quality representation, contact the experienced professionals at MAC. They are dedicated to fight aggressively for your rights. To discover more about the firm and its services, visit and learn more about what their reputation as reputable lawyers in the field of personal injury law.

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