The Three Types of Negligence in a Rockford Auto Accident

David Monteleone
Illinois Accident and Wrongful Death Lawyer

  Posted  |  Category : Auto Accident Attorney

Auto Accident AttorneyEach year, car crashes kill or seriously injure millions of Americans. Most of these incidents are not accidents. Negligence, or a lack of care, usually causes car crashes in Rockford.

That negligence could be a lack of ordinary care. Illinois law imposes a duty of reasonable care on most drivers. These individuals must drive defensively. If they fail to do so – and if that failure causes injury – the driver is liable for damages.

Sometimes, an Illinois law establishes the standard of care. People must not speed or drive under the influence of alcohol. If they do so, and if that conduct causes injury, the tortfeasor (negligent driver) may be responsible for damages as a matter of law.

We all make mistakes and we must all accept the consequences of those mistakes. In car crash cases, these consequences usually include damages for economic losses, such as medical bills, and non-economic losses, such as pain and suffering.

Behavioral Negligence

Very often, Rockford personal injury attorneys can obtain top damages when the driver was negligent before getting behind the wheel.

Alcohol intoxication is a good example of behavioral negligence. After just one drink, most people are dangerously impaired. Although they know they should not drive, many people do so anyway. As a result, they intentionally put other people at risk.

Drowsiness is another good illustration. Many people do not know alcohol and fatigue affect the brain the same way. Driving after 18 consecutive awake hours is like driving with a .05 BAC level. Furthermore, even well-rested people can be fatigued drivers. Most people are naturally drowsy very early in the morning and very late at night.

Fatigued driving is especially a problem among truck drivers. These drivers are often on the road for long periods of time during odd hours.

Environmental Negligence

When the weather is bad, drivers have a duty to adjust their driving habits. Most people know to turn on their windshield wipers when it rains and turn on their low-beam headlights when fog rolls in. But many people fail to adjust other driving habits, like vehicle speed, to account for the weather.

Environmental negligence is especially an issue among truck drivers and other commercial operators, like Uber drivers. Since they are common carriers under Illinois law, these individuals have a higher duty of care.

Operational Negligence

The negligence per se doctrine often applies in operational negligence crashes. Excessive speed is a factor in about a third of the fatal crashes in Winnebago County. Tailgating and aggressive driving also contribute to many car crashes in Illinois. People who drive in this way and cause crashes may be liable for damages as a matter of law.

Distracted driving may be the most common form of operational negligence. Hand-held cell phones get most of the attention in this area, because they combine all three forms of distracted driving. Motorists who use their cell phones take their eyes off the road, take a hand off the wheel and take their minds off driving.

Count on Diligent Attorneys

Negligence causes most Illinois car crashes. For a free consultation with an experienced personal injury lawyer in Rockford, contact Fisk & Monteleone, Ltd. We do not charge upfront legal fees in injury cases.