Decatur Speeding Accidents
Located in the heart of Illinois and with a population of 70,522 as of 2020, spread out over 47.79 sq mi, Decatur is the county seat of Macon County. Major roads that serve the city include I-72, which runs east to west, and U.S. Routes 5 and 36. Route 5 runs north to south, and Route 26 runs east to west through the city. State route 48 runs north-south through the city and Route 121 passes east to west through the city, connecting it to other Illinois cities. Often drivers speed on freeways, thereby increasing the risk of injuries to others since speeding makes it harder for drivers to control their cars. Speeding is a leading factor in fatal car accidents in the state. If you were injured as the result of a car crash, you should call the experienced Decatur speeding accident lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca.Liability for Speeding Accidents in Decatur
If you were injured or a loved one died as the result of a Decatur speeding accident, our lawyers may be able to recover damages by establishing the liability of one or more other parties. We can prove liability under a theory of negligence by proving through a preponderance of evidence: (1) you were owed a duty to use reasonable care, (2) breach of the duty to use reasonable care, (3) causation, and (4) actual damages. Speeding is a breach of the duty to use reasonable care that all drivers owe each other.
In some cases, it is possible to prove speeding with evidence such as a speeding ticket or police report generated in connection with the accident that indicates the speed at the time of the accident. However, it can also be crucial to retain an expert who is able to investigate and determine the speed of the vehicles involved in the accident, and to reconstruct other aspects of the accident based on debris, property damage, skid marks, and more. Additionally, witness testimony may be used to determine what speed the defendant was going.
In many personal injury cases, defendants raise the comparative negligence of the plaintiff to defend themselves in a lawsuit. Your damages can be reduced by an amount proportionate to your percentage of fault for the accident, as determined by the jury. For example, if a jury can show you were 25% responsible for an accident because you were distracted while driving, and the total damages are $100,000, you may only be able to recover $100,000 minus $25,000 (25% of $100,000) or $75,000.
Under Illinois’ modified comparative negligence rule, you can be banned from recovering damages if the defendant s able to show you were 50% or more responsible for the speeding accident. For example, if the defendant’s lawyer is able to show you failed to check your blind spots and collided with the defendant who was going only five miles above the speed limit, and the jury determines you were 51% at fault for the accident, you could be prevented from recovering anything, even if your injuries are serious. This is why it is crucial to talk to an attorney before you discuss the case with the defendant’s representatives.Decatur Attorneys to Recover Damages After a Speeding Accident
When we are able to establish liability, we can recover compensatory damages on your behalf. These may include:
- medical bills,
- lost wages,
- lost earning capacity,
- pain and suffering,
- mental distress,
- loss of enjoyment of life,
- and loss of consortium.
If you were injured or a loved one died in a speeding accident, you should call the seasoned Decatur speeding accident attorneys of & Bertuca. Our firm has fought for full and fair compensation for motor vehicle accident victims for more than 60 years. We also represent the injured in their SSDI benefits and workers’ compensation claims. Call our firm at 312-263-6330 or 800-444-1525 or complete our online form.