One major misunderstanding about personal injury lawsuits is believing that the issue of fault is usually cut and dry. In reality, determining who is to blame for an injury-causing or fatal accident is often the hardest and most time-consuming part of an injury suit. Sometimes, the person at fault for an accident is obvious. However, many personal injury suits involve situations in which several parties share fault for the injury-causing accident. Fortunately, you can still receive compensation for your damages even if you were partially at fault for them. Doing so, however, requires an understanding of Illinois’ “comparative negligence” laws.

Modified Comparative Negligence Basics

Illinois courts rely on a doctrine known as “modified comparative negligence.” This means that you may be able to recover compensation for your losses even if you are partially to blame for the situation in which your losses occurred. As long as you were not more than half at fault for the accident or incident that caused your injuries, you can still pursue compensation.

For example, if you were hit by a drunk driver, it may seem obvious that the driver of the other vehicle is to blame. However, what if you were speeding when the accident occurred? In situations like these, the courts will assign a percentage of blame to each party involved in the incident. The amount of compensation you can receive will be reduced according to your percentage of fault. However, if you are found to be 51 percent or more to blame for the accident, you cannot recover anything.

If you are like many adults who take pride in their car, truck, or SUV, you probably make vehicle maintenance a top priority. Checking the oil and other fluid levels, ensuring that your tires are aired up and the tread is not too worn, and taking your vehicle in for regular tune-ups may be a standard part of your routine. However, when defective design or manufacture of an auto part is to blame for a malfunctioning vehicle, there may be nothing the driver could have done to prevent it. If you or a loved one were injured in an accident, and you believe that defective tires were to blame, you may have a valid product liability case.  

History of Faulty Car and Truck Tires

Many people still remember when the Firestone Tire and Rubber Company was forced to conduct one of the largest recalls in U.S. history. Defective tires installed on Ford pickup trucks and SUVs were associated with accidents causing over 800 injuries and 270 deaths. Firestone eventually recalled a staggering 6.5 million tires, and the Ford Motor Company recalled and replaced approximately 13 million of the defective tires. Ford faced over $600 million in lawsuits as a result.

Unfortunately, tire recalls are not limited to just these companies. Just recently, Alliance Tire Americas issued a tire recall after it was discovered that the tread might separate from the casing during use. Flaws in the design and manufacture of tires can cause the tires to malfunction and put the lives of drivers, passengers, and pedestrians at risk.  

A major car accident can be one of the scariest moments of a person’s life. Car crashes can happen in the blink of any eye and may leave a person unsure of what has even happened. In the chaotic moments after a traumatic event such as a traffic accident, a person may be in shock. “Fight or flight” hormones are coursing through his or her bloodstream increasing heart rate and masking the feeling of pain. Many people do not realize the extent of the injuries they sustained in a car accident until days or weeks later. This is one reason that it is so important to get medical care immediately following a major accident.

Whiplash Symptoms Might Not Appear for Days After an Accident

One of the most common injuries people suffer in a car accident is whiplash, which occurs when a sudden, forceful movement causes the muscles, ligaments, or bones of the neck to be damaged. Violent acceleration or deceleration from a car crash is a common cause of whiplash. The symptoms of whiplash often include neck pain, stiffness, numbness or tingling, weakness, reduced mobility, headache, and shoulder and back pain. In some cases, a person suffering from whiplash can also experience vision problems, dizziness, tinnitus, emotional changes, memory and concentration problems, and fatigue. These symptoms may be unnoticeable or very minor immediately following an accident and then get worse and worse over time.

Traumatic Brain Injuries May Take Time to Notice

More than half of all traumatic brain injuries (TBI) are sustained during traffic accidents. TBI can be caused by an object such as a shard of skull piercing the brain as well as non-penetrative damage. Many TBI occur when a powerful blow to the head causes the brain to strike the inside of the skull. If a person hits their head on the windshield of their car during an accident, for example, they may suffer a TBI. The only outer indication that a head injury even occurred may be a small cut or bruise. The injured person may not realize how serious the inner damage to the brain is unless they get checked out by a doctor. TBI can cause long-term problems with memory, balance, sight, communication, and mental wellbeing.

The summer months are a popular time to ride a motorcycle because of the good weather and road conditions, but motorcyclists should be aware of the risks of accidents and injury associated with their vehicles’ smaller size and lack of enclosed protection. In Illinois in 2018, motorcycle accidents accounted for less than 1 percent of all automobile accidents, but motorcycles were involved in 12 percent of fatal accidents and 3 percent of accidents resulting in injury. In total, more than 2,000 motorcyclists were injured in accidents in 2018, and more than 1,000 were killed or suffered an incapacitating injury.

Some of the most common injuries for motorcyclists include:

1. Broken Limbs: Broken and fractured arms and legs are common in motorcycle accidents, either from the force of impact of the initial crash or collision with the road surface or stationary objects on the roadway.
2. Lacerations and Road Rash: When motorcyclists are thrown from their vehicle and skid across road surfaces, they often suffer skin abrasions and lacerations that can leave lasting scars.
3. Fractured Ribs: Motorcycle accidents often result in multiple fractured ribs, especially for drivers over 40 years of age, which can lead to significant internal bleeding.
4. Internal Organ Injuries: Impacts to the chest and abdominal area in a motorcycle wreck can puncture the lungs and damage the kidneys, liver, and other internal organs. Internal injuries can be especially dangerous because they are not always immediately apparent after the accident.
5. Spine Injuries: Spine fractures and spinal cord injuries tend to occur when a motorcyclist collides at high speeds with another vehicle or a stationary object on or near the road. These injuries can be fatal or lead to long-term paralysis.
6. Traumatic Brain Injuries (TBIs): Forceful blows to the head occur frequently in motorcycle accidents and can cause concussions and other traumatic brain injuries that can prove fatal or impair regular brain functions including memory, speech, senses, and emotions. Wearing a helmet can prevent or reduce a significant number of these kinds of injuries.

Any of these injuries can have severe, long-lasting impacts on a motorcyclist’s health and quality of life. If you are a motorcyclist who was injured in an accident caused by another driver’s negligence, you can seek compensation for your injuries, but it is crucial that you seek or accept medical attention immediately after the crash no matter how minor your injuries seem to be. Your fast action can strengthen your personal injury claim and may save your life.

A head-on collision may be the most frightening type of car crash you can be involved in. Seeing another vehicle coming at you in the same lane is startling, and you may not have the time or maneuverability to avoid the collision. The aftermath of a head-on collision can be just as scary for those involved, even if they were wearing safety belts and their airbags deployed. Head-on collisions are the most deadly type of crash because a collision between two vehicles heading opposite directions will have a greater force and cause more violent damage to the vehicles. If you are fortunate enough to survive the crash, you may suffer serious injuries with long-lasting effects on your life. Common injuries that people in head-on collisions sustain include:

1. Traumatic Brain Injuries: Your brain is an area of particular concern following a head-on collision. During the collision, your head likely jerked forward while the rest of your body was held in place by your safety belt. This can cause brain injuries if your head strikes a surface or if your brain is jostled against your skull. Brain injuries can take longer for you to notice than other injuries, but the consequences can have a profound effect on your ability to think and function.
2. Neck and Spine Injuries: Along with your head, your neck is not as secured as the rest of your body during a head-on collision, which can lead to whiplash. The collision can also potentially damage your spine through cracked vertebrae or a herniated disc. Spinal injuries can cause partial or total paralysis.
3. Chest and Abdomen Injuries: Though the safety belt and airbags protect you from being propelled forward during a head-on collision, the force with which you are stopped can cause damage to your chest and abdomen. You may suffer cracked or broken ribs or internal organ damage if they are pierced by your broken ribs or an instrument in your vehicle.
4. Lower Body Injuries: Your legs and feet will absorb much of the impact during a head-on collision, which can cause torn ligaments and broken bones. Those injuries may be worsened if your legs strike the instrument panel of your vehicle or are crushed in the vehicle wreckage.

Contact a McHenry County Personal Injury Lawyer

With the extensive injuries that can result from a head-on collision, it will be important to pursue compensation if another driver was at fault for the crash. A Crystal Lake, Illinois, personal injury lawyer at Botto Gilbert Lancaster, PC, can help you receive damages that will cover your medical expenses and compensate you for your pain and suffering. Schedule a free consultation by calling 815-338-3838.

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