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Seeking Damages Series: Reckless Drivers

Published on January 18th, 2021

In the U.S., where over 16,000 car accidents happen each and every day, careful and vigilant driving is a must. While some accidents are unavoidable, many are the result of one person’s negligent or reckless actions. In the State of Illinois, those who suffer an injury caused by a person who was driving recklessly have the right to bring a civil lawsuit.

Defining ‘Reckless Driving’

In the State of Illinois, a person who drives with a ‘willful or wanton disregard’ for others’ safety and property, or uses an incline to cause the vehicle to become airborne, is considered a reckless driver. Examples of reckless driving include:

  • Racing other vehicles
  • Swerving between lanes
  • Driving through red lights or stop signs
  • Failing to yield to pedestrians at crosswalks

The state may charge a reckless driver with a class A misdemeanor, which can carry a fine of up to $2,500 and/or a year of jail time. Those who have been harmed in an incident involving a reckless driver are able to sue the driver for damages in civil court.

How Comparative Fault Affects the Outcome

Illinois’ comparative fault rule designates that the drivers involved in a car accident share a portion of the total responsibility for the accident. The percentage a person can be found responsible for ranges from 0-100%. In cases where one driver is more than 50% responsible for the accident, it’s likely that the other will be able to recover damages in civil court.

Determining Damages

The comparative fault percentage is also used to determine how much money the plaintiff can recover during their lawsuit. The total amount awarded will be diminished in proportion to the plaintiff’s fault. For example, if the plaintiff is hoping for $100,000 in damages and is found to be 40% at fault, they may only be able to recover $60,000. In situations that involve a single reckless driver, it is more likely that they will be found completely (100%) at fault for the accident.

Contact Our Personal Injury Lawyers Near Belvidere

The American Law Firm helps people who have suffered injuries and property damage at the hands of another person or entity. Our personal injury lawyers near Belvidere are familiar with local laws governing car accidents, truck accidents, motorcycle accidents, medical malpractice, and more. We provide free case consultations to encourage potential clients to explore their options. Contact us today to schedule an appointment.

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My Mom and I worked with Tyler and Brittany on a case where my Mom was injured in a car accident. American Law Firm was able to get my Moms medical claims paid by the other parties insurance, along with compensation for her regarding the injuries that she sustained in the accident.

Amy R.

8/2/2020

Personal Injury Lawyer Rockford - American Law Firm, P.C.

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There were many firms I could have gone to for help but I couldn’t of made a better decision with The American Law Firm and the help of Mark, Brittany and Tyler. Thank you all again!

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9/2/2020

Personal Injury Lawyer Rockford - American Law Firm, P.C.

Client Testimonials

Very nice people! Brittany was amazing! She was able to get my mother's lien for her hospital bills negotiated down to a very reasonable price. She was with us every step of the way. My mother got her settlement from her car accident within 3 weeks of hiring them. Highly recommended!

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8/10/2020

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