Benton Teen Tragically Killed in Car Accident

A 17-year-old has been charged with aggravated driving under the influence in connection with a fatal accident that killed another teen, according to a recent WSIL TV news report. Clay Kelley, the accused, is being tried as an adult. The car accident occurred at the corner of Akin Blacktop and Bessie Road when Kelley did not stop his Ford F-250 pickup at a stop sign, causing the truck to speed through the intersection before hitting a tree and then slamming into a mobile home before stopping. One teen was killed while Kelley and two other passengers fled the accident scene on foot.

If you or someone you know has been injured in a car accident, contact a seasoned and aggressive Illinois car accident attorney immediately to preserve your rights under the law.

Determining Who is at Fault

It is estimated by the National Safety Council that more than 35,000 people were killed in auto accidents in 2013, according to a study. When filing a personal injury suit related to a car accident, it is important to determine and prove who is at fault because this will determine who is liable for your damages. An experienced and aggressive Rockford car accident attorney can help explain your rights and obligations under the law if you or someone you know has been injured in a car accident.

Generally, a person is found to be at fault in a car accident because he or she was either reckless or negligent. Negligence happens when a party has breached a duty owed to another, causing harm to that person. Recklessness, on the other hand, is when a party knew, or should have known, that his or her actions were likely to cause harm to another. About a dozen states have no-fault rules when it comes to car accidents that require insurance companies to pay the insured’s damages, regardless of who is found responsible for an accident.

Negligence Equals Damages

Under the law, there are three types of negligence theories used when determining the amount of monetary damages owed to a victim of a car accident. Which theory is followed depends on the law of the governing state. These negligence theories  include:

• Modified comparative negligence. This limits a party’s ability to recover damages in a claim. Illinois law specifically provides that a party can only recuperate monetary losses if that party is found to be less than 50 percent responsible for the collision;
• Contributory negligence. This is commonly known as an “all-or-nothing” determination of fault. In order for monetary damages to be awarded, the party seeking payment cannot be found responsible for any portion whatsoever of the auto accident; and
• Strict comparative negligence. This allows a party to pursue damages even if he or she is found to be partially at fault for the crash. In this situation, damages are often awarded in proportion to the degree of responsibility of each party for the accident.

Illinois Car Accident Attorneys Available

Car accidents can be stressful. Not only does a victim have to deal with property damage, but often physical injuries and emotional turmoil are also part of the incident. For this reason, it is important that you do not try to navigate this process alone. If you or someone you know has been injured in a car accident due to the negligence of another or has suffered any other type of personal injury, contact a Rockford car accident attorney today to find out your rights and obligations under Illinois law. The attorneys at Brassfield & Krueger, Ltd. will fight hard to protect your interests every step of the way. Call (815) 315- 9845 today to schedule your initial consultation with us.