This is the next article in my series on the handling of Peoria, Illinois trucking accident cases which result in a wrongful death. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney immediately if a loved one has been lost to negligence. It is important to speak with counsel immediately in order to help ensure that one’s rights are fully protected. In this article I will be discussing the impact of comparative fault in such matters. If you are in need of assistance then contact my office today to speak with a personal injury lawyer.
Surviving family members can recover damages for a trucking accident death, even if the deceased was partially at fault
I have previously discussed how Illinois’ comparative fault laws impact a wrongful death. These concepts apply in matters which involve a trucking accident. Under our state’s laws, the victim of an accident may recover damages as long as they do not share more blame for the accident than does the defendant. The extent to which each side will be considered “responsible” for an accident will be decided by the jury. As long as the jury decides that the deceased was no more than fifty percent responsible for the accident, the surviving family members will receive compensation. This compensation will be reduced in direct proportion to the amount of fault assigned to the deceased.
The foregoing concepts can be illustrated through an example. Suppose Joe Driver is driving 20 miles an hour over the speed limit, but has the right of way at an upcoming intersection. Jack Trucker sees Joe approaching and believes he has time to get his semi-truck through the intersection before Joe arrives. He pulls into the intersection and collides with Joe, who, unfortunately, passes away instantly. The facts show that if Joe had been driving the speed limit then he would not have been in the intersection. The facts also show that Jack did not have the right of way. The jury decides that each side is equally responsible for the accident. The jury also decides that the total damages stemming from Joe’s passing are $3,000,000. Under this scenario, the surviving family members would receive $1,500,000 ($3m – 50 percent). It must be remembered that how a jury will rule will always depend on the jurors and the facts of the case.
There are several types of evidence which the jurors will consider when deciding how to portion fault. Such evidence can include witness statements, video captured by traffic cameras or a cell phone, which party was cited by law enforcement as well as testimony from the responding officers, and more. Importantly, in matters such as this, your attorney may utilize the services of an accident reconstructionist. This is an expert witness who will prepare a report and testify as to what likely happened given their evaluation of all the evidence. The defense will be able to employ their own expert witnesses. The jurors will decide the amount of weight, if any, to be given to each expert as well as the amount of weight to be given to any other evidence.
Retain an experienced Peoria wrongful death lawyer if you lost a loved one to a trucking accident
If you have lost a loved one to a trucking accident then it is vital that you retain an experienced attorney as soon as possible. These types of cases can be highly complicated and it is important to have a representative who will understand all facets of the matter. Complications can stem from the fact that these cases typically involve multiple defendants, can involve complicated legal questions (such as the impact of code violations), and the use of expert witnesses requires that several procedural requirements be followed. Retaining qualified representation is vital to ensuring that your case is handled correctly.
I am a Peoria wrongful death lawyer who handles matters which stem from trucking accidents. My firm is founded on the belief that the rights of people should be protected over those of large companies. We will work to identify all the possible defendants to help ensure that each is held accountable. If you have lost a loved one then contact my office today to schedule an initial consultation.
My firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
