Contributory Negligence Claims in Illinois

By definition, contributory negligence refers to a plaintiff’s own involvement and contribution to the harm or injury they experienced. For example, two cars involved in a crash could have both contributed to the accident by driving distractedly or making illegal traffic maneuvers.

In situations where both parties involved in a car accident have some culpability in the collision, contributory negligence may be claimed on the part of the plaintiff, which will affect the amount of compensation they are eligible for.

In a court case the jury will decide the exact percentage amount of responsibility of each party involved in the accident, adjusting the compensation amount accordingly.

The car crash lawyers of The Tapella & Eberspacher Law Firm believe car accident victims deserve aggressive and fair representation in auto accident cases where contributory negligence is a factor. We will always fight for the MAXIMUM amount of compensation due to our clients and because we work on a contingency fee basis, you pay nothing unless we recover for you.

To find out how we can help, simply fill out the “Free Case Evaluation” form located on the upper, right-hand side of this page—it’s 100% FREE, without obligation, and the details of your case are always confidential.

We offer complimentary case reviews and we only get paid when we win.

Types of Contributory Negligence

a distracted driverIn each state, the definition of contributory negligence liability will vary. In Illinois, if the contributory negligence of the plaintiff is found to be 51% or more, they will not be eligible for compensation.

If the total amount the plaintiff is at fault is decided to be 50% or less, they will be eligible for reduced compensation based on the jury’s decision of how much they contributed to the accident.

Some actions that could translate into an argument of contributory negligence include:

  • The driver plaintiff was speeding at the time of the crash
  • The pedestrian plaintiff was making sudden, unpredictable movements in the road
  • The passenger plaintiff is riding with a driver they know is intoxicated, fatigued, or distracted
  • The driver plaintiff is aware the car they are driving is defective or improperly maintained
  • …to name a few.

If you or a loved one were injured in an accident and were partly responsible, you may still recover compensation for your injuries if you reach out to an experienced car crash law firm for a review of your case.

Need Help? Contact Our Auto & Insurance Lawyers Today

call center operatorIf you are involved in motorcycle accident, reaching out to an experienced car accident lawyer can help you recover the expenses you incurred from the crash. At The Tapella & Eberspacher Law Firm we can help you fight for the justice you deserve.

For more than a decade we have been representing accident injury victims throughout the Southern Illinois area and can help you or your loves ones who have been hurt in an accident. Contact us online by simply filling out the “FREE CASE REVIEW” form located at the top right hand corner of our site—it’s completely confidential to submit.

We may also be contacted at (855) 522-5291 to find out how we can help you fight for the MAXIMUM amount of compensation you deserve.