Am I Entitled to Compensation for Car Accident Injuries If I Was Speeding?

 Posted on January 25, 2022 in Auto Accidents

In an study conducted by Allstate, nearly 90 percent of drivers surveyed admitted to driving faster than the posted speed limit. Approximately 40 percent admitted to driving more than 20 miles an hour over the speed limit. Even though it is dangerous, many drivers speed.

If you were hurt in a car accident while you were speeding, you may question whether you can still file an injury claim and seek monetary compensation for your damages. The answer, like many answers in personal injury law, depends on the unique circumstances of your case. Read on to learn how speeding may impact an accident victim’s ability to successfully recover compensation after an accident.

Who Is At Fault for the Collision?

Illinois is an at-fault state when it comes to car accident claims. This means that the at-fault’s insurer is typically responsible for paying for accident-related costs. However, determining who is at fault for an accident is not always as easy as it may initially seem. Often, the actions of multiple parties contribute to a serious wreck. In shared liability cases such as these, fault may lie with several drivers. Illinois uses a legal theory called “comparative negligence” when more than one party is liable for an injurious accident.

What Does Comparative Negligence Mean?

Each state handles shared liability accidents differently. Illinois is a comparative negligence state. This means that a party may be entitled to compensation if he or she is less than 50 percent responsible for the injury-causing event. Put another way, a driver may still be entitled to compensation for car accident damages if he or she is less than half at fault.

Even if a driver acted negligently by speeding, failing to use a turn signal, or committing another traffic violation, he or she may still be entitled to compensation for his or her damages if the other driver is considered more at fault.

Drivers Who Are Partially at Fault May Recover Partial Damages

Comparative negligence allows drivers to recover compensation even if they were partially at fault for the crash. However, the amount of money they can recover is reduced by their share of fault.

Consider the following fictional example: Driver A is traveling 10 mph above the speed limit. Driver B is under the influence of drugs and traveling the wrong way down a one-way street. The two vehicles collide in a head-on accident. Driver A is considered to be 20 percent at fault for the crash. The damages he recovers are reduced by 20 percent. Since Driver A suffered $100,000 in damages, he is awarded $80,000.

Contact an Elk Grove Village Car Accident Lawyer

If you were hurt in an accident, do not assume you are barred from recovery if you were speeding. You may still be entitled to partial damages. Contact the skilled Bensenville car accident lawyers at Kaiser Law for help. Call 630-274-4400 today for a free consult.

Source:

https://www2.illinois.gov/sites/Insurance/Consumers/ConsumerInsurance/Auto/Pages/comparative-negligence.aspx