If you were in a truck accident you were partially at fault for, you may ask “Can I still file a claim if I was partially at fault for my truck accident?” You still have the right to pursue compensation by filing a claim, even if you have some degree of liability for causing a truck accident in Chicago, Illinois. The state applies modified comparative negligence law to determine recoverable compensation in a case where you share liability for the accident.
At Ankin Law, our experienced truck accident lawyers will work to lower your portion of liability and maximize your compensation. Call 312-600-0000 to seek a free case review.
Comparative Fault in Illinois
Illinois employs a modified comparative fault system when deciding the recoverable compensation in a negligence claim. It assesses the percentage of liability the plaintiff and the defendant have in an accident.
You will receive 100% of the awarded compensation if the other party is 100% at fault for the accident. If your truck accident liability is 50% or less, you will receive reduced compensation in proportion to your percentage of liability.
You will not be entitled to compensation if your shared fault in a truck accident is more than 50%. You will also lose the right to seek damages for the same accident in the future.
Steps to Take if You Were Partially at Fault in a Truck Accident
Taking appropriate steps after a truck accident in which you were partially at fault can help protect your health and obtain the evidence required to lower the liability attributable to you. Those steps are as follows:
Inspect Yourself and Others for Injuries and Call the Police
If possible, start by inspecting yourself and anyone involved in the accident for injuries. Do not move anyone unconscious or complaining of back or neck pain unless necessary. Instead, call 911 to inform the police of the accident and request emergency medical assistance.
Remain at the Accident Scene
In Illinois, leaving the accident scene before police arrive is a punishable offense. So, stay there until the responding police officers and emergency medical services providers show up. Note down their names and badge numbers. This information will be helpful later when you need a copy of the police report and medical documentation for care provided at the scene.
Gather Information From the Other Party
Get the names, contact information, license plate numbers, and insurance policy information from all involved drivers. Give your name, contact details, and insurance details to the other driver.
You should also get the names and contact information of anyone who may have witnessed the crash, including passengers, bystanders, and other drivers. Restrict your conversation with parties involved in the accident to obtaining essential information.
Someone may be recording the accident site. So, anything you say beyond requesting information can be captured and may get into the hands of insurance companies or their adjusters.
Don’t use apologetic words like, ‘I’m sorry.’ Such words imply liability, and insurers can use them to justify an unreasonably low settlement offer or a rejected claim.
Document the Scene
Take photos of the crash scene from multiple angles and distances. Ensure the pictures are clear and contain all the important details. They should, for instance, capture traffic signals, nearby surveillance cameras, vehicles involved, and damages. They should also capture injuries you and others involved in the crash sustained.
Get Medical Help and Keep Track of All Records Generated in the Treatment Process
Get medical assistance as soon as possible, even if you don’t see any injury on any part of your body. Truck accidents can often result in severe injuries, and it may take a long time to manifest symptoms.
Keep a detailed log of all medical practitioners treating you. Note down any treatment procedures you undergo and medications prescribed to you because of your accident-related injuries or complications.
Keep medical bills and invoices arising from your treatment. Also, maintain a record of expenses incurred when traveling to and from the hospital or doctor’s office. A comprehensive record can help prove your medical damages in an insurance claim or lawsuit.
Documentation of your treatment and recovery journey is necessary to prove non-economic damages like pain and suffering caused by the truck accident and resulting injuries. This documentation may involve recording the daily effect of your injuries, such as the number of days you have missed work and daily tasks you are no longer able to perform.
Keep your doctor updated on your recovery journey. Inform the doctor of the progress you have made, the challenges you are facing, and your response to the treatment. Doing this ensures proper documentation and allows your doctor to make necessary adjustments to your treatment program to speed up recovery.
Don’t Share Details of Your Accident on Social Media
Avoid sharing information about your accident on social media accounts like Facebook, Instagram, or X (formerly Twitter). Updates or posts about your accident and ensuing injuries could weaken your case. The insurance company’s adjuster and legal team could use your recent pictures to support their claim that you have exaggerated your injuries.
Get a Truck Accident Lawyer Involved
Recovering compensation in a truck accident where you were partially liable is hard, especially when working alone. Trucking companies and their insurers have enough resources to conduct investigations and may use anything they find to avoid or reduce their liability. An accomplished truck accident lawyer can, however, stand up to these companies and secure financial recovery.
Legal fees should not keep you from hiring a lawyer to help you sue a trucking company. Truck accident lawyers usually use contingency fee structures. So, your lawyer will be paid only if you obtain a settlement or the court awards you damages.
Benefits of Hiring a Truck Accident Lawyer
Hiring a truck accident lawyer is your best bet at receiving the highest possible compensation if you were partially liable for the accident. Your lawyer will perform the following tasks to maximize your compensation:
Discuss Your Legal Rights and Laws Relevant to Your Case
Your lawyer will help you understand your legal rights and the process of pursuing compensation from the other party. The lawyer will discuss the various recoverable damages entitled to you. Your lawyer can also discuss scenarios where you can file two separate claims for the same accident.
Collect Evidence
Your lawyer can help you compile the evidence needed to increase the other party’s liability while lowering yours. Carefully examining driver records and maintenance reports may show that the trucking company’s actions contributed to the crash. Reviewing the truck’s black box may reveal irrefutable proof that the truck operator was driving above the recommended speed limit. A report compiled by an accident reconstruction engineer can describe how the truck accident occurred and who should hold the highest liability.
Challenge the Amount of Liability Attributed to You
Your lawyer will use any additional evidence to have your percentage of liability in the accident reduced or removed altogether. This may involve presenting new evidence and arguments to convince the judge or jury that the initial fault determination was incorrect.
Ensure Your Claim Includes All Your Recoverable Damages
Your lawyer will evaluate your case to identify all monetary and non-monetary losses you suffered. Factors such as the at-fault party’s liability, injury severity, medical expenses, impact on your earnings and future earnings, and physical pain and psychological suffering are often considered when assessing your damages. The lawyer will then ensure your claim captures all types of damages entitled to you.
Oversee Negotiations With the Insurance Company
Truck accidents are more dangerous compared to those involving small passenger cars only. They can cause catastrophic injuries or even deaths due to the huge size and massive force generated during crashes. Claims involving trucking accidents are worth more than those of regular car accidents.
An insurance company may try to lower the value of your claim by unfairly shifting fault to you. The company is less likely to play games with your claim when you have an experienced lawyer on your side.
Your lawyer will oversee settlement negotiations and use well-thought-out strategies to obtain fair financial recovery. People who hire a lawyer to handle their personal injury claims may receive more than four times higher compensation than those without a lawyer.
Communicate and Advocate for Your Best Interests in Court
Your lawyer can take the insurance company to court if it rejects your claim or declines to offer a fair settlement. The lawyer will ensure your rights and best interests are effectively communicated and represented in court. He or she will lay out your case, make convincing legal arguments, and push for the best possible outcome.
Our legal team at Ankin Law has the experience and resources to help you pursue compensation, even if you hold some percentage of liability for a truck accident. Contact us to set up a free evaluation of your case with our dedicated lawyers.
