A 41-year-old Macomb man has sustained severe injury in a two-car motor vehicle accident that transpired earlier this week. According to a news report, posted on McDonoughVoice.com, the accident in question transpired Tuesday afternoon at the intersection of U.S. 67 and County Highway 25. At around 3:45 p.m. the victim was traveling northbound on U.S. 67 as he proceeded to turn west onto County Highway 25 – better known as the East Grant Street Extension.
Our Chicago car accident lawyers learned that as the 41-year-old attempted to make the left hand turn, a SUV driven by a 33-year-old Macomb man rear-ended the victim’s passenger vehicle. The accident caused substantial damage to the victim’s car and ultimately sent the vehicle into a ditch west of U.S. 67. Upon arrival of emergency personnel, it was discovered that the 41-year-old driver was entrapped in his vehicle.
In order to extricate the victim, multiple emergency workers – including fire personnel – worked together in order to remove the 41-year-old from his motor vehicle. Shortly thereafter, the victim was transported to an area hospital where he was subsequently treated and further transferred to St. Francis Medical Center in Peoria. As of press time, the victim has been listed in fair condition. The 33-year-old driver of the SUV remained unharmed in the accident and has been ticketed for failure to reduce speed to avoid an accident.
When the driver of a motor vehicle operates in a negligent manner, for instance — failing to reduce speed to avoid an accident and a subsequent collision ensues resulting in personal injury or premature fatality – the driver may be held liable in a civil court of law. Any Chicago accident lawyer will tell you that the state of Illinois follows a modified comparative fault system when determining negligence.
Under this principle – 735 ILCS 5/2-1116, the courts determine the amount of blame to be placed on each party involved and adjust the damages awarded accordingly. Therefore, the injured party in a matter may recover damages only in the event is which he/she is less that 50% at fault of the injury or damages. However, the recovered amount of damages may be reduced by the court in proportion to the degree in which the injured party has been found to be at fault.
Given the complex nature of motor vehicle collisions, our Chicago car accident attorneys cannot stress the importance of seeking legal guidance as soon as possible after your accident. Please contact our experienced legal team at Levin & Perconti to help review