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How is fault determined in a truck accident in Illinois?

On Behalf of | Mar 31, 2024 | Truck Accident

When a truck accident occurs in Illinois, one of the most important questions is who is at fault? Determining fault is essential for seeking compensation for injuries, property damage and other losses.

There are a few key considerations about determining fault in a truck accident.

Investigating the accident

Determining fault starts with a thorough investigation into the accident. This may include:

  • Collecting evidence from the accident scene
  • Interviewing witnesses
  • Reviewing police reports
  • Analyzing truck driver logs and maintenance records
  • Examining the vehicles involved for mechanical issues or defects

The evidence helps determine the cause of the accident.

Factors considered in determining fault

Several factors matter when determining fault in an Illinois truck accident. For example, was the truck driver or another party negligent in their actions leading up to the accident? They will also consider if either party violated traffic laws. The investigation also involves evaluating the truck’s maintenance records and the driver’s logs.

Comparative fault in Illinois

Illinois follows a modified comparative fault rule, which means that, if you are partially at fault for the accident, the court may reduce your compensation by the percentage of your fault. However, if you are more than 50% at fault, you may not recover any compensation.

Determining fault in an Illinois truck accident requires a thorough investigation and consideration of various factors. By understanding the determination of fault and the role of comparative fault in the state, those involved in a truck accident can better navigate the process of seeking compensation for their losses.