When determining liability for damages in an auto accident case, a very simple test is used: was one party more responsible than another for the car accident injuries sustained? If so, that person will likely be found liable for damages to the person injured in the accident. Responsibility, in turn, is determined by who was acting with negligence at the time of the car accident.Preventable DangersAn action can be considered negligent if it was reasonably preventable, and appropriate steps were not taken to minimize the chance of injury. Some common forms of negligence are:
- Eating or drinking while driving;
- Speaking on a cell phone while driving;
- Sending or reading a text message while driving;
- Putting on make-up while driving; and
- Shaving while driving.
Operating a Vehicle While IntoxicatedOne of the most common forms of negligence, which is also criminal, is operating a vehicle while intoxicated. This form of negligence is responsible for a large percentage of car accidents each year, and if you are injured in an Illinois car accident in which the other party was intoxicated, you should consult a Chicago car accident attorney immediately about filing for damages.
Operating a Vehicle While Drowsy
Although less cut-and-dried than operating a vehicle while intoxicated, another common form of negligence responsible for car accident injuries is operating a vehicle while excessively tired. Delayed reflexes and a reduced capacity for critical thinking can both cause car accidents. Speaking with a qualified Chicago car accident attorney can help you determine if driver fatigue contributed to your car accident.
Operating a Vehicle at an Unsafe Speed
Driving at an unsafe speed is another example of negligence. Because safe speeds are posted, this is another relatively straight-forward case of negligence, although it will be the responsibility of your Chicago car accident attorney to demonstrate that the offending driver was in fact traveling at an excessive speed.
Operating a Vehicle in an Unsafe Manner
Many times an auto accident will occur as a result of the other driver taking some unsafe action-such as shifting lanes suddenly and without warning. This too is a form of driving negligence, and in these situations, a seasoned Chicago car accident attorney can help you build a solid case around your injury claim.
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If you or a family member were involved in this accident please contact us immediately. Our experienced Illinois accident lawyers are happy to answer any legal questions you may have. This is a free, zero pressure service and you are not obligated to hire our law firm if you do contact us. If you would like this blog removed please contact us and we will promptly accommodate your request.
As a service to the residents of Chicago, Aurora, Rockford, and Illinois in general, the Law Offices of Barry G. Doyle, P.C. will frequently publish blogs about local accidents. We do this to raise awareness about the common types of Illinois motor vehicle accidents that can result in serious injuries and/or fatalities.
Common accidents include, but are not limited to:
— single-car accidents such as SUV rollovers;— accidents due to hazardous road conditions; and — accidents caused by distracted, aggressive, and/or drunk drivers.