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Who Can Be Blamed For An Illinois Car Accident? 

 Posted on April 07, 2025 in Car Accidents

Illinois personal injury attorneyAnother car rear-ends you at a red light in Chicago. Most likely, the fault lies with the rear driver, but did you know that more than one party or entity can be sued for damages in certain auto accidents? You may be able to receive compensation for your medical bills, lost earnings, and other losses from multiple parties, depending on the situation. An Illinois personal injury lawyer at Winters Salzetta O'Brien & Richardson, LLC can explain your legal rights after a car accident and who may be responsible for compensating you for your damages. 

Illinois Is a Modified Comparative Negligence State

Illinois has a modified comparative negligence system, which means fault for an auto accident can be shared among several people or entities. Compensation is adjusted based on the degree of responsibility for each party. Parties who could be blamed for your auto accident injury, depending on the evidence and circumstances, include: 

Drivers

Driver error is usually responsible for auto accidents in Illinois. For example, if a car rear-ends you at a traffic light, the rear driver is most likely to blame. Perhaps they were distracted, fell asleep, or were intoxicated. 

However, multiple drivers can be responsible for an auto accident, too. For instance, suppose a car runs a red light, but another vehicle was speeding. The resulting collision sends one of the vehicles careening into your SUV. Two drivers could be liable for your damaged vehicle and injuries in this scenario. 

Passengers

Occasionally, a passenger could be blamed if they directly contributed to the crash. For instance, a passenger could angrily grab the driver or distract them with a cell phone. 

Vehicle Owners

Suppose the at-fault driver was not the vehicle owner. In that case, the car owner may be liable for your injuries in certain situations, such as knowingly allowing someone under the influence to use their vehicle. 

Companies

A company can be vicariously liable for your injuries in a car accident. For example, suppose a full-time delivery driver falls asleep at the wheel of their van and hits you in a busy Chicago intersection. The driver’s employer could be liable for your injuries because the driver was working during the accident. 

Or, a tractor-trailer driver could be speeding and slam into the back of your vehicle in traffic. If the truck driver is a trucking company employee, the carrier could be jointly at fault with the trucker for your injuries. 

Your car accident attorney’s role in such cases is critical. They need to prove that the driver was working during the crash for the employer to be financially liable. 

Evidence Is Critical For Determining Fault

A skilled car accident attorney will rely on crash evidence to prove who is at fault, whether a person or a company. Possibly critical evidence to prove liability may include: 

  • Police reports

  • Traffic or surveillance camera footage

  • Expert testimony, such as that of an accident reconstruction professional 

Contact a Chicago, IL Auto Accident Lawyer 

Understanding who is responsible for your auto accident injuries is not always as simple as you might think. An experienced Chicago, IL auto accident attorney from Winters Salzetta O'Brien & Richardson, LLC will review your case and determine who may be liable for your injuries. Call 312-236-6324 to schedule your free legal consultation. 

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