Vehicle Safety, Comparative Negligence, and Personal Injury

Car Accident

Car accidents frequently cause injuries, whether mild or severe. Often, these accidents result from another driver’s negligence, but the injured driver themselves may be partially at fault. If you don’t drive safely, it might limit your ability to recover damages.

Safe driving is not only important when it comes to preventing injuries, but it can also help support your case in the event that you need to file a personal injury claim.

Impact of Vehicle Safety

Safe driving practices can prevent injuries by reducing the odds of an accident. In addition, many newer vehicles come with safety features such as collision detection and advanced driver assistance systems (ADAS). These systems have been shown to prevent accidents on many occasions, often preventing personal injury claims that would otherwise occur.

Safe Driving and Comparative Fault

If you are involved in an accident, one of the factors the insurance company will look at is your level of fault. If you are partially at fault for the accident, it could reduce the amount you’d be able to recover in damages. Under Illinois law, more than 50% fault would prevent you from suing entirely.

On the other hand, if you can demonstrate that you were employing safe driving practices at the time of the accident, your case will be worth more since it won’t be reduced by comparative fault. Therefore, your case would be more viable.

Ultimately, safe driving not only protects you physically, but it also decreases your liability in the event of an accident.

Safe Driving Tips

In order to avoid and mitigate accidents, employ the following safe driving tips. Not only will these make you less likely to get in a vehicle accident, but they can also help your case should an accident occur.

Practice Defensive Driving

Aggressive driving is a common cause of accidents. As such, by driving defensively, you can avoid collisions that a more aggressive driver would cause. Some tips to follow when driving defensively include:

  • Remain alert.
  • Don’t assume other drivers are paying attention.
  • Stay as visible as possible to other drivers.
  • Obey the speed limit and other traffic laws.
  • Yield the right of way to other drivers when necessary.

Avoid Distracted Driving

Accidents also frequently result from distracted driving, which includes texting, eating, and any other activity that takes your attention off the road. Distracted driving can easily result in your damages being reduced due to comparative negligence, so make sure your attention is on the road.

Drive Sober

It goes without saying that you should drive sober. If you are drunk or otherwise under the influence, avoid driving until you sober up.

Stay Awake and Alert

Finally, don’t drive if you’re drowsy. If necessary, pull over and take a quick nap to make sure you don’t fall asleep at the wheel.

Pursuing Personal Injury Damages after an Accident

If you are involved in a vehicle accident despite your best efforts to avoid it, you may be able to file a personal injury lawsuit. As soon as possible, contact an attorney to review your case and help you navigate the process.