When Does Negligence per se Apply in Illinois Car Accidents?

 Posted on December 09, 2024 in Car accidents

You might be aware of the fact that you could secure compensation for your damages if you are injured in a car accident. You will likely hear many legal terms over the course of your insurance claim that you are not familiar with, including negligence per se. Understanding terms like these is vital, as is partnering with an experienced Glenview, IL personal injury attorney from Quinn Law Group, LLC. Not only will we explain these terms and how they apply to your case, but we will also work diligently to secure full compensation on your behalf.

Negligence per se and Other Personal Injury Legal Terms

Negligence is a careless behavior that poses a danger to others. Simply put, negligence per se is negligence by itself. Most personal injury cases rely on proving that someone else’s negligence is the proximate cause of your accident, injuries, and damages. In car accident cases, some driver actions or omissions serve as proof of their negligence, which can relieve part of your burden of proof. Examples include:

• Excessive speeding

• Driving while high or drunk

• Running red lights

• Reckless driving

• Failure to yield the right of way

These and similar behaviors violate traffic laws, which exist to reduce the risks of injury-producing collisions. Even if negligence per se applies to your case, your lawyer must still prove that the driver’s behavior caused your losses.

You will also encounter several other legal terms as your claim progresses as well, including:

• Damages: Categories of losses you suffer due to your car accident and the money you could receive for them. Damages are further broken down into subcategories such as economic, non-economic, and punitive.

• Fault: Responsibility for contributing to or causing your crash. Fault may be shared by multiple parties.

• Liability: Responsibility for paying eligible damages to those injured.

• Party: A specific individual, company, organization, or government entity involved in your accident.

If there are other terms you do not understand, ask your lawyer for an explanation.

Can I Still Sue if the At-Fault Party Was Not Charged With a Traffic Crime?

When a driver’s moving violation contributes to your accident, a charge against him can help your claim by providing evidence of negligence per se. However, a citation for speeding or DUI, for example, is a separate criminal matter. Your car accident case is a civil matter that does not rely on charges being filed against the at-fault driver. If you qualify for compensation, Quinn Law Group, LLC will pursue it.

Consult With Our Park Ridge, IL Car Accident Lawyer

Choosing an effective lawyer is critical if you hope to achieve a favorable outcome for your car accident claim. Contact Quinn Law Group, LLC online or by calling 847-232-7180 to schedule a complimentary case evaluation with our respected Glenview, IL personal injury attorney.