When most people think about car accidents, they often imagine multi-vehicle collisions involving two or more drivers. However, single-vehicle accidents are quite common and can result in serious injuries and property damage. While the assumption might be that the driver is always at fault in these accidents, that’s not always the case. In Illinois, determining liability in a single-vehicle accident can be more complex, involving factors such as road conditions, defective vehicle parts, and even other drivers’ behavior.
As an Illinois plaintiff’s personal injury attorney, I frequently deal with cases involving single-vehicle accidents. Understanding who might be liable in these situations is crucial, as it can impact your ability to recover compensation for medical bills, lost wages, and other damages. In this article, we’ll explore the various parties that could be held responsible for a single-vehicle accident and the legal avenues available to you as an injured party.
A single-vehicle accident is any crash in which only one vehicle is involved. Common examples include:
These types of accidents can occur in a variety of settings, from highways to residential streets, and the consequences can range from minor property damage to severe injuries or fatalities. Although only one vehicle is directly involved in the crash, that doesn’t mean liability is always clear-cut. Other parties, external factors, and even product defects may have contributed to the accident.
To determine liability in a single-vehicle accident, it’s essential to understand what caused the crash. Some of the most common causes include:
In many single-vehicle accidents, it’s tempting to assume that the driver is automatically at fault. However, this isn’t always the case. Depending on the circumstances, liability could rest with other parties. Below, we explore the potential defendants who may be responsible in a single-vehicle accident.
In the majority of single-vehicle accidents, the driver will be the party at fault. If the crash was caused by speeding, distraction, impaired driving, or other forms of driver negligence, the driver will likely be held liable. However, even if the driver is found responsible, they may still be able to seek compensation through their insurance policy, particularly if they have collision coverage.
If the accident was caused by poorly maintained roads, dangerous road design, or inadequately marked construction zones, a government entity may be liable. Local governments are responsible for ensuring roads are safe for travel, and failure to do so can result in accidents.
For example, if your vehicle hits a large, unrepaired pothole and crashes as a result, you may have grounds to file a claim against the city or state responsible for maintaining that road. Similarly, if a dangerous curve or lack of proper signage contributes to your accident, the government could be held accountable.
Filing a claim against a government entity can be complex, as there are often additional requirements and shorter time frames for filing. In Illinois, you must typically file a notice of claim, depending on the specific agency involved. A personal injury attorney experienced in handling cases against government entities can help navigate these specific legal hurdles.
If a defective vehicle part caused the accident, the manufacturer or designer of that part may be held liable under product liability law. Common defects that can lead to single-vehicle accidents include:
In these cases, the manufacturer, distributor, or retailer of the vehicle or part can be held liable if the defect can be proven to have caused the accident. Additionally, if the vehicle was recently serviced and a mechanic performed negligent work—such as improperly installing brakes—the mechanic or service company may be liable.
Product liability claims often involve extensive investigation and expert testimony to prove that the defect was present and that it directly caused the crash. An experienced attorney will be crucial in building a strong case against a manufacturer or mechanic.
Even if another vehicle isn’t directly involved in the crash, another driver’s negligent behavior can be a factor. For instance, if a driver cuts you off, tailgates you, or runs you off the road, you may crash trying to avoid a collision. If you can identify the other driver—whether through eyewitnesses, traffic cameras, or their stopping at the scene—you may be able to file a claim against their insurance for the damages they caused.
In Illinois, when another driver’s negligence causes you to take evasive action that leads to a crash, they can still be held liable for your injuries and property damage, even though they weren’t directly involved in the collision.
In some cases, pedestrians or cyclists may contribute to a single-vehicle accident by stepping into the road without warning or acting unpredictably. If you swerved to avoid hitting a pedestrian or cyclist and crashed as a result, they could be held liable for your injuries and damages. However, like other drivers, pedestrians and cyclists must be identified and proven to have acted negligently to pursue a claim.
It’s important to note that Illinois follows a modified comparative negligence rule. This means that if you, as the driver, are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. However, you can still recover damages as long as you are not more than 50% at fault for the accident.
For example, if the court determines that you were 20% at fault for the accident because you were speeding, but the majority of the fault lies with the government due to poor road conditions, your compensation will be reduced by 20%. If your damages amount to $100,000, you would only be able to recover $80,000.
If you’ve been involved in a single-vehicle accident, it’s essential to take the following steps to protect your rights and preserve your ability to pursue compensation:
Single-vehicle accidents may seem straightforward, but liability can be complex, involving various factors such as road conditions, vehicle defects, and the actions of others. While the driver is often the one held responsible, other parties, including government entities, manufacturers, and other drivers, may also be liable depending on the circumstances. Determining fault in a single-vehicle accident requires careful analysis of all contributing factors and a thorough investigation.
If you’ve been involved in a single-vehicle accident in Illinois, don’t assume that you are automatically at fault. There may be external factors beyond your control, such as poorly maintained roads, vehicle defects, or the reckless actions of other drivers or pedestrians, that contributed to the crash. Working with an experienced personal injury attorney can help you explore all possible avenues for compensation and determine who may be held liable for your injuries and damages.
Navigating the complexities of a single-vehicle accident case can be overwhelming, especially when it comes to determining liability and pursuing compensation. If you’ve been injured in a single-vehicle accident, it’s essential to consult with a personal injury attorney as soon as possible. An experienced attorney will:
While a single-vehicle crash may appear straightforward, determining liability can involve a variety of factors, from driver negligence to faulty road design or defective vehicle parts. If you’ve been involved in such an accident, it’s crucial to understand that other parties may share responsibility for the crash. By working with an experienced Illinois personal injury attorney, you can thoroughly investigate your case and pursue the compensation you deserve for your medical bills, lost wages, pain and suffering, and property damage.
In Illinois, the law provides avenues for holding negligent parties accountable, even in single-vehicle collisions. If you believe someone else’s negligence contributed to your accident, don’t hesitate to seek legal counsel to explore your options. With the right personal injury lawyer, you can protect your rights, recover damages, and begin the process of rebuilding your life after an accident.
Working with Palermo Law Group ensures that you receive expert legal advice and personalized attention for your single-car accident or auto accident case. Our dedicated car accident lawyers are here to guide you through every step of the process, from investigating the cause of the accident to helping you file an insurance claim.
We understand the complexities of injury cases and will fight to secure compensation for your medical expenses. With a trusted attorney-client relationship, we provide a free consultation to discuss your legal options and ensure you have the support you need to navigate your case with confidence. Reach out to our law firm today to get started on your path to recovery.
For a free consultation with Palermo Law Group, contact our law firm by calling (630) 684-2332 or visit our website at https://www.palermolawgroup.com/.