Chicago Personal Injury Law Blog

One of the things that injured drivers face in any kind of car accident lawsuit other than a rear-end collision is a claim of contributory negligence. This is an affirmative defense, which means that the defendant bears the burden of proof on the issue. The basic feature of the defense is that the defendant claims that the plaintiff did something negligent to cause the accident.

When a jury finds that the defense has merit, it can have a devastating effect on the plaintiff's verdict. In Illinois, if a jury finds that the plaintiff is more than 50% at fault for causing the accident, the result is a defense verdict. When a jury assesses the plaintiff's fault as being anything up to 50% of the cause of the accident, the plaintiff's verdict is reduced proportionately. For example, if the jury found that the plaintiff sustained $100,000 in damages, but was 30% at fault, the verdict would be reduced to $70,000.

The Illinois Appellate Court recently published a decision on the doctrine of unavoidable accidents. In essence, it means that when a driver has the right-of-way and another driver pulls in front of him in such close proximity that he cannot stop or avoid the accident, the actions of the driver who has the right-of-way is not considered the cause of the accident.

The doctrine of unavoidable accidents is a powerful tool for injured drivers who have the right-of-way in a collision. This includes cases where the at-fault driver fails to stop at a stop sign, emerges from a driveway, or makes a left-hand turn in front of oncoming traffic. It provides a means for eliminating claims that the injured plaintiff was contributorily negligent and limits the chances for the defense to limit the damages of the injured driver.

Labels: Car crashes