Jerseyville Car Accident Lawyer

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The physical and emotional impact of being in a car crash can be severe. When drivers behave carelessly or recklessly while driving, they can be held responsible for the damages caused by this behavior. You should not be held financially liable when another driver causes an accident. With the help of a qualified Jerseyville car accident lawyer, you can effectively obtain the compensation you need to cover these damages.

After an accident, you may be facing significant injuries, recovery time, lost income, and medical costs. By working with a dedicated, experienced, and seasoned attorney, you are more likely to secure the most compensation for your injury and accident.

The Negligent Driver Is Liable for Financial Damages

Illinois is an at-fault state for car accidents, meaning that the driver who caused the accident is held liable for all the resulting damages. There are several negligent, criminal, and reckless actions for which a driver should be held responsible when they lead to an accident. Once fault is proven, injured parties can file car insurance claims with the at-fault driver’s insurance, and they can also file personal injury claims if the insurance claim does not cover their damages.

If a driver failed to take appropriate care and caution while on the road, they may be at fault. Common causes of accidents that may determine the at-fault party include:

  • Speeding: Speeding commonly causes car accidents because drivers have less time to react to sudden changes, such as a quick stop or pedestrians or animals appearing on the road. Speeding also increases the damages that occur in an accident.
  • Bad Weather: Although drivers do not have control over bad weather, like snow, rain, fog, and ice, they do have control over how they drive in these conditions. When drivers fail to reduce their speed in response to bad roads and bad weather, this can cause an accident.
  • Distracted Driving: When drivers operate their vehicles without placing their full attention on the road, accidents are more likely. Distracted driving may occur when drivers are texting, browsing online, dealing with the radio or GPS, or even talking with others in the car.
  • Moving Violations: Stoplights, stop signs, and other road signs regulate a safe flow of traffic. When drivers ignore these signs, or otherwise impact the flow of traffic, it can result in serious accidents.
  • Driving Under the Influence: This includes drunk driving and drugged driving. Driving under the influence can prevent drivers from reacting in time to road changes, or it can make it hard for drivers to see and focus on the road. Driving under the influence is illegal and can cause severe accidents.

These negligent actions can point to which driver was at fault for the accident. Drivers owe each other a duty of care, and driving distracted or driving under the influence is a breach of this duty.

Comparative Negligence in Jerseyville Accidents

Car accidents are often more complicated than one party being fully at fault for an accident. Typically, accidents occur because of partial fault from multiple parties. Even if you are partially to blame for the accident, it doesn’t always mean that you are unable to obtain compensation for your injuries.

Illinois operates under modified comparative negligence laws. When more than one party bears fault for the accident, an insurance company or judge will distribute the percentage of blame that each party shares. In Illinois, if you were less than 50% responsible for the accident, you can claim damages. However, your settlement will be reduced by your percentage of fault for the accident.

An attorney is a valuable asset when multiple parties are potentially at fault. Your attorney can investigate an accident to determine fault, and they may be able to use the evidence to counter the claims of an insurance company. An attorney can work to reduce the percentage of fault you were assigned, enabling you to get compensation or increase the amount of it that you receive.

How Can I Prove Fault in a Car Accident?

Insurance companies, judges, and jurors on civil and insurance claims rely on evidence to determine fault in an accident. Quality evidence that may be used to prove who was at fault includes:

  • Police Reports: Police reports list a police officer’s initial information upon arriving at the scene of the accident. It may include statements from any drivers and passengers, initial thoughts of the officer, the layout of the accident site, and the present weather conditions. These reports can be important in providing basic information about the accident.
  • Eyewitnesses: Witnesses to the accident, particularly third-party bystanders, are useful sources of evidence. Passengers, pedestrians, other drivers, police officers, and other witnesses can provide additional information. This can provide information regarding the conditions prior to the accident, any resulting injuries, and conversations that took place after the accident.
  • Expert Testimony: Statements from accident reconstructionists, highway safety experts, healthcare professionals, and other knowledgeable professionals can provide important information about an accident and who may be at fault.
  • Photos and Videos: Important evidence includes photos of injuries, images of the site and layout of the accident, dash-cam and other CCTV footage, and black boxes. Surveillance and CCTV footage are especially important when showing the exact moment of an accident.
  • Accident Layout: The site of the accident contains important information that can be used by accident reconstructionists and attorneys to show fault. The severity of the impact on each car, the existence of skid marks, the location of vehicles, and the location of the accident can all potentially show fault.
  • Medical Documentation: Determining the severity of each individual’s injuries is necessary when filing claims, making clear what compensation is necessary to help an injured party recover from those injuries. The type and severity of injuries can also give more information about the accident.

What Injuries Are Common in Jerseyville Car Accidents?

Car accidents happen frequently, and some of them are not serious. Although even minor accidents can be stressful for individuals, the physical damages are not extreme. There are, unfortunately, many severe car accidents that happen at high speeds, create multiple car pile-ups, or result in rollovers. These crashes can result in catastrophic and life-altering injuries, and they frequently result in wrongful deaths. Common injuries that result from severe accidents include:

  • Traumatic brain injuries
  • Broken and fractured bones
  • Lacerations
  • Spinal cord, spine, and neck injuries
  • Loss of limbs
  • Internal organ damage
  • Burns and road rash
  • Paralysis
  • Crushing injuries
  • Disfiguration
  • Post-traumatic stress disorder

These injuries can cause physical pain, emotional suffering, expensive surgeries, and long-term rehabilitative care. These injuries can permanently affect an individual’s life and ability to maintain their livelihood. Individuals in a crash can die at the accident site, or they may perish later as a result of complications from severe injuries. When you or a loved one has suffered these damages or even lost their life, the at-fault party can be held responsible.

Can You Sue Someone for a Car Accident in Illinois?

Yes, you can file a civil personal injury claim against a party who was at fault for a car accident. After a car accident, the first way you can obtain compensation is through a car insurance claim. However, if the property and personal damages you suffered were significant, it’s very likely that an insurance claim will not cover the extent of your damages. The insurance provider may not offer you a fair settlement, or the maximum coverage possible is not enough.

Additionally, you may be involved in an accident with an uninsured driver. Although you may have coverage for accidents with uninsured motorists, this may also fail to cover your damages.

When that is the case, a personal injury car accident claim can cover the remaining damages. A qualified attorney can help you negotiate the maximum settlement possible in both an insurance claim and a personal injury claim.

How Can a Jerseyville Car Accident Attorney Help?

An attorney is essential to guiding you through the process of filing your claims, ensuring that you know your rights, and negotiating for the highest compensation possible in your claim. An attorney who has handled cases like yours before knows what evidence is useful in proving fault, how to negotiate your case with an insurance provider, and what professionals are relevant for testimony. A car accident attorney can also accurately calculate the true cost of your damages, present and future, which improves your case in negotiations.

After an accident, your first priority should be recovery from and caring for your injuries. Filing a claim should happen very soon after your accident, and this rarely gives you the necessary time to relax and recover. By turning to an attorney, you can be assured that your claim or claims are being handled by a dedicated professional, letting you look after yourself.

Work With an Experienced Jerseyville Car Accident Lawyer

After a car accident, you have 2 years from the date the accident occurred to file a personal injury claim. It’s important to find an experienced attorney quickly before important evidence like surveillance footage or eyewitnesses are impossible to find. When another person’s carelessness results in significant damages, you deserve compensation.

Joshua R. Evans, Attorney at Law, is dedicated to defending the rights of those injured in car accidents. Contact us today to determine what compensation you may be owed.

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JERSEY COUNTY

105 N.State Street
Jerseyville, IL 62052

phone: (618) 498-0001

fax: 618-266-2845

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