Personal injury claims arise out of accidents or incidents where someone is seriously injured as a result of another person’s negligence. Accident liability will depend on the type of case being pursued. Evidence collection and presentation is usually necessary to prove fault.
Types of Personal Injury Claims
There are many circumstances under which someone could be injured. One of the most common is in a traffic accident. These can include crashes involving passenger cars, motorcycles, bicycles, semis and pedestrians. If someone else acted in a careless or reckless manner and it caused physical harm, a personal injury claim could be filed.
Another type of injury claim stems from dog bites or attacks. Superficial wounds generally won’t warrant taking any action. But when damages are suffered, it could lead the victim to pursue a claim.
Construction workers who are injured while on the job are entitled to workers’ compensation benefits. However, in circumstances where a third party was responsible for the injuries, it may result in a personal injury claim being filed.
Liability for a Personal Injury Claim
With the different types of injury claims that can be filed, a variety of parties could be liable for damages sustained. In traffic accident cases it will depend on what caused the crash.
An example is a motorcycle going straight through an intersection. A passenger car making a left hand turn fails to see the bike. As a result, the driver turns directly in front of the path of the motorcycle. Fault would likely be with that driver since generally a left turn shouldn’t be made unless it’s safe to do so.
Motorists aren’t the only ones who can be liable for an accident. A bicyclist could be found at fault if he/she swerved into traffic. It comes down to which parties acted negligently, which can sometimes be more than one.
In the case of a dog bite, liability is usually with the owner. Although negligence is generally the basis to any claim (such as failing to confine a vicious dog), in Illinois a dog owner can be liable for injuries to others even if he/she didn’t act carelessly.
In a construction accident, a third-party injury claim could be filed against parties other than the employer who were found to have acted negligently:
- site owner;
- general contractor;
- sub-contractor; and
- others at the site who may have caused or contributed to the accident.
For help determining accident liability, contact an attorney at Franks & Rechenberg at 847-854-7700. We handle a variety of personal injury cases including traffic collisions, dog bites, work accidents, and more. Contact us today.