Being involved in an auto accident can be scary, even when the collision is minor and there are no injuries. In some cases, car accidents may cause serious injuries that leave victims with painful conditions that can last for the rest of their lives. A vehicle crash can also result in costly medical bills, lost wages, expensive auto repairs, and other damages. Fortunately, a victim may pursue a personal injury that will allow them to recover compensation that will cover all or some of those expenses. To do so, the other driver's negligence must be proved using four elements: duty of care, breach of duty of care, causation, and damages.
The idea behind negligence in Illinois is that drivers have a duty to take reasonable measures to ensure they do not hurt others who are on the road. This means that drivers are responsible for obeying all traffic laws and using other precautions when driving. Examples of obeying this duty of care include:
Paying attention to the task of driving
Driving within the set speed limits
Stopping at all red lights and/or stop signs
Using turn signals
Yielding when appropriate
The breach of duty of care is perhaps one of the most important factors of a negligence claim. This element is proof that the driver did not act in a reasonable manner or in a manner that a typical person would act in while driving. A breach of duty of care can be proved by providing evidence that the driver broke a traffic law or otherwise acted in a reckless or unsafe manner, which put others in danger.
Lastly, a victim must prove that the driver’s breach of duty of care was the reason that they suffered damages. Two types of causation exist: cause-in-fact and proximate cause. If the breach of duty of care was the actual and direct cause of damages, then it would be considered cause-in-fact. Proximate cause is a breach of duty of care that did not necessarily result in damages or injuries directly, but that created conditions that would not exist had it not been for that breach in the duty of care.
Damages are what a victim claims happened to them as a result of the negligence of the other driver. Damages can include things such as:
Lost wages or earning capacity
Pain and suffering
Damage to a vehicle or other property
Being involved in a car accident can cause you to sustain injuries that will affect you for the rest of your life. If you or a loved one has suffered from injuries due to an automobile crash, a Naperville car accident attorney can help. At Mevorah Law Offices LLC, we will review your case and determine the best course of action to pursue compensation. Our team of dedicated attorneys has decades of experience helping clients deal with insurance companies and negligent drivers. Before you talk to your insurance company, call our office at 630-932-9100 to speak with a skilled car accident lawyer. We offer free consultations and operate on a contingency basis, meaning there are no attorney fees until you win.
Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.
Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.
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