Auto Accident Law in Illinois

Was a police report filed?
  • After an accident in Illinois many people who are injured or suffer a great deal of property damage the first thing most individuals want to do is sue the person they feel is responsible. Auto accident law in Illinois does allow anyone to file a lawsuit against the individual who is ultimately responsible for the accident. Before filing suit a person must have an understanding of the laws of Illinois since this understanding will help them achieve maximum results.

    Who Can File a Lawsuit?

    Auto accident law in Illinois lets anyone who can prove that their accident was caused the negligence of another drive. The law in Illinois holds all drivers responsible for accidents that result in personal or property damage which could have been avoided if the driver exercised better car when operating their vehicle. In addition to proving negligence the individual filing a lawsuit must be able to prove that they have suffered some sort of loss or damages.

    This loss can be both economic and non-economic. Economic losses are usually the ones that are most obvious and immediately apparent. These losses include property damage that was done to the vehicle and financial loss that is caused by medical bills related to the accident and lost wages that are also related to the accident. Non-Economic losses are often referred to as "pain and suffering". Losses of this nature are often inconvenience caused by a personal injury and mental anguish that can be attributed to the accident. The amount of money awarded is determined by a jury and the damages can be reduced by taking into account amounts that were received from insurance companies or by taking into account the plaintiffs contributions to the accident.

    Who Can be Sued?

    Auto accident law in Illinois does not limit lawsuits to the negligent individual driving the vehicle. If the individual driving the vehicle is completing any work related task then their employer can be held liable as well. When the driver is not the owner of the vehicle and the owner of the vehicle is a passenger then both parties can be sued. Lastly, if the owner of the vehicle is not present but it can be proven that they knew the operator of the vehicle was a negligent driver they can be sued as well. It is important that all individuals considering lawsuits find out as much as possible about all drivers and passengers so that they can get their maximum settlement amount.

    When to File Suit?

    Some people are tempted to wait to sue after an auto accident in the hope that they will recover naturally or the auto insurance company will make a settlement offer. While this does happen all individuals need to understand that auto accident law in Illinois does have statues of limitations in place. If you are hoping to receive compensation for medical expenses, pain and suffering, funeral expenses, or loss of property you must file a lawsuit within two years. If you are only planning to sue to recover money related to property damages then you can sue within five years from the date of the accident.

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