Who is At-Fault For a Multi-Car Pileup in Illinois?

 Posted on January 08, 2024 in Car Accidents

A multi-vehicle collision accident can be a scary experience for anyone. Attempting to unravel who is at fault for injuries sustained in the accident can be downright stressful. Multi-vehicle accidents are a complicated mess but, in Illinois courts, sorting out liability is done using the standard of modified comparative negligence. You will want to understand what this is, how to prove fault, and how to take action following an accident which makes it all the more important to secure an experienced attorney.

Modified Comparative Fault

Illinois uses modified comparative fault in injury lawsuit decisions for how damages are split. Instead of requiring proof of 100 percent at-fault negligence as is the case for contributory negligence, comparative negligence is left up to the court to decide the at-fault percentage of each party. So, using modified comparative fault in a three-car pileup, the court will look at how much negligence each party was responsible for. To receive compensation, the defendant would need to be 51 percent or more responsible, or the plaintiff would need to be 50 percent or less responsible, for the accident taking place.

What You Should Do Immediately Following a Multi-vehicle Accident

Once you are safe, there is a list of things you should do immediately following an accident:

• Get medical help as soon as possible

• Report the accident to law enforcement

• Document any evidence you can use in a lawsuit to help your case

• Exchange information with the other involved parties

• Alert your insurance company and the other drivers’ insurance companies of the accident

• Consult an attorney, provide them the specifics of the situation, and discuss the next steps

• Keep records of medical bills, repair bills, lost wages, and any other documentation related to the accident and its aftermath

• Keep your medical appointments and do not delay recommended testing

Proving Fault in a Multi-Car Pileup

Determining fault in an Illinois multi-car collision can take a considerable amount of time. The period is used to examine the evidence to determine who is most likely negligent for the accident. During this time it is important to use any resources you have access to, to cover any injuries and damages incurred at the site of the accident. The investigation process will be underway and negotiations for a settlement will ensue. You should avoid speaking in-depth to any auto insurance companies as they have a habit of shorting individuals out of what they are owed. Instead, turn to a personal injury lawyer to handle the lawsuit for you.

Contact a Kendall County, IL Personal Injury Attorney

Schwartz Injury Law recommends consulting an experienced Joliet, IL personal injury lawyer immediately following an accident. Regardless if there is one other car or multiple vehicles involved in the accident, having a good lawyer on your side can make all the difference in a personal injury lawsuit. Make a call to our office at 708-888-2160 for a free discussion on your case.