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Date: 12-14-2023
Case Style:
Case Number: 1:22-cv-01172
Judge: Colleen R. Lawless
Court: United States District Court for the Central District of Illinois (Peoria County)
Plaintiff's Attorney:
Defendant's Attorney: Nicholas J Parolisi, Jr., Phillip Glen Litchfield, Stephen Cady
Description: Peoria, Illinois personal injury lawyer represented the Plaintiffs who sued the Defendants on auto negligence theories claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of a semi-tractor-trailer car wrecks caused by Tsegaye Banjaw.
Illinois Auto Negligence Law:
Duty of care: All drivers in Illinois have a duty of care to operate their vehicles in a safe and reasonable manner, following traffic laws and regulations. This means avoiding behaviors like:
Speeding
Distracted driving (e.g., texting, eating)
Driving under the influence (DUI)
Reckless driving
Failing to yield the right of way
Ignoring traffic signals
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Reckless driving Illinois
Breach of duty: The injured party must prove that the other driver breached their duty of care. This can be done through evidence such as:
Police reports
Witness statements
Accident scene photos
Vehicle damage photos
Medical records
Proximate cause: The breach of duty must be the direct cause of the accident and resulting injuries. It's not enough to simply show the driver was negligent; you must prove their negligence caused the crash.
Damages: If all elements are proven, the injured party can seek compensation for various damages, including:
Medical expenses
Lost wages
Pain and suffering
Property damage
Comparative negligence:
Illinois follows a modified comparative negligence rule. This means that the injured party's own negligence can reduce their compensation amount proportionally. For example, if they're found 20% at fault, their damages are reduced by 20%. However, if they're found 50% or more at fault, they cannot recover any damages.
Additional resources:
Illinois Bar Association: https://www.isba.org/
Illinois Department of Transportation: https://idot.illinois.gov/
Insurance Council of Illinois: https://idoi.illinois.gov/
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: