Drivers are legally required to adhere to their state traffic laws and always exercise caution when operating their motor vehicles. However, even the most experienced drivers can make mistakes and cause car accidents. The National Highway Traffic Safety Administration reports that approximately 94 percent of accidents on the road are caused by driver error. Some of the most common driver errors that lead to accidents include:
- Recognition errors (e.g., failure to pay attention or distracted driving).
- Decision errors (e.g., driving too fast for conditions).
- Performance errors (e.g., poor directional control).
- Non-performance errors (e.g., driver fatigue).
Filing a personal injury lawsuit following an accident
If you were injured in a car accident caused by another driver’s error, you may consider filing a personal injury claim against the other driver. Your case will require you to establish negligence by proving:
- Duty: The driver owed you, a fellow person on the road, a duty to operate their vehicle safely.
- Breach: The driver breached the duty owed to you by operating their vehicle in an unsafe manner.
- Causation: The driver’s error caused the accident and your injuries.
- Damages: You suffered accident-related injuries resulting in damages.
Police reports, medical records, photos and videos of the scene of the accident, and expert testimony are common types of evidence used to prove personal injury claims.
If you successfully prove that the other driver was negligent behind the wheel and caused your car accident, you may recover damages. If you are found partially responsible for the accident due to your own negligence, you may still recover damages in Illinois if you are found no more than 50 percent liable for the accident. However, the amount in damages you recover will be reduced based on the percentage of fault attributed to you.