Wheaton Car Accidents
Wheaton is a city with an area of 11.48 miles located in Dupage County, Illinois. It is located in Milton and Winfield Township. Wheaton is home to the many restaurants, shops and services. In addition, Wheaton Public Library is often classified as one of the top ten libraries in the country when likened to other libraries being available to comparably sized populations. Every year, a number of people in Wheaton suffer serious injuries in preventable car accidents. If you have been hurt in a car crash caused by someone else’s carelessness, error or wrongdoing, we may be able to help. At Therman Law Offices, our skilled Wheaton car accident attorneys are committed to protecting the rights of Illinois clients and helping them pursue the compensation they may be entitled to for their injuries.Illinois Car Accident Statistics
Unfortunately, car accidents are far too common in Illinois. According to the Illinois Department of Transportation (IDOT), there were 324,473 crashes involving motor vehicles in Illinois in 2016. Injury crashes accounted for 20.5 percent of these collisions, while deadly crashes accounted for less than 1 percent of these accidents. IDOT data also reveals that there were 998 fatal crashes leading to 1090 fatalities in 2017, while there were 961 fatal crashes leading to 1047 deaths in 2018. Speeding was a substantial contributing factor in a number of these accidents. If you have been a victim of this sort of careless conduct, an experienced car accident lawyer serving Wheaton can help you assess your legal options.Filing a Lawsuit After a Car Accident
A person injured in a car accident may be able to recover compensation from the at-fault party through a personal injury lawsuit. Most personal injury claims are rooted in the legal theory of negligence. Negligence occurs when someone fails to take proper care while doing something causing an accident and injury to another. To prove negligence, the plaintiff is required to demonstrate the following elements: duty, breach, causation and damages.
- First, the plaintiff must demonstrate that he or she was owed a duty of care by the plaintiff. This simply means the defendant had an obligation to take reasonable precautions behind the wheel so as not injure others on the road.
- Second, the plaintiff must show that the defendant breached the duty of care that was owed by driving carelessly or violating traffic laws (i.e. texting and driving, speeding or driving under the influence alcohol or drugs, etc.).
- Third, the plaintiff must establish that the defendant’s conduct was a direct and proximate cause of the car accident.
- Lastly, the plaintiff must be able to show that the accident resulted in compensable damages, such as property damage or bodily injury.
It is important to note that each one of the aforementioned elements must be proved by a preponderance of the evidence before ay compensation can be recovered. A knowledgeable Wheaton car accident lawyer can help you present your case.Illinois Comparative Fault Rules
When more than one party is responsible for an accident, then Illinois comparative fault rules come into play. A plaintiff will be able to recover damages even if he or she was partially at fault for the accident and resulting injury. So long as the plaintiff is not 51 percent or more at fault, that plaintiff will be able to pursue compensation. However, when the plaintiff is 50 percent or less at fault, the damages awarded will be reduced by his or her percentage of fault. For example, if the jury finds that a plaintiff suffered $100,000 in total damages for an accident but also found the plaintiff to be 30 percent responsible then the total damages amount would be reduced by 30 percent and the plaintiff would ultimately take home a $70,000 award.Seasoned Car Accident Attorneys Serving Wheaton
If you were injured in a car accident caused by someone else’s negligence, you may be entitled compensation for your injuries. At Therman Law Offices, our vehicle accident attorneys have helped countless Illinois clients resolve their personal injury claims and can potentially help you as well. To learn more, please feel free to call us at 312-588-1900 or contact us online.