How Does a Cracked Windshield Affect Your Accident Claim?

 Posted on August 12, 2024 in Car Accidents

Did you know that driving with a crack in your windshield that obstructs your vision is illegal in Illinois? Not only does it break the law, but it can also affect your liability if you are involved in a car accident. Other vehicle maintenance issues may also affect your case. If you have been involved in an accident and your car’s windshield was already cracked, a skilled personal injury lawyer from Kanoski Bresney can help.

What Kinds of Car Issues Can Affect Your Claim?

Every driver is legally obligated to use reasonable care to avoid causing an accident and harming others. When drivers fail to provide this duty of care, and that failure leads to an injury accident, they are considered negligent.

Drivers can be found negligent for actions like:

• Speeding

• Distracted driving

• Aggressive or reckless driving

• Drunk driving

• Tailgating

• Failing to yield the right of way

If these behaviors contribute to causing an accident, this negligence can make the driver liable for compensating others who sustain injuries in the collision.

But driving safely is more than following traffic laws and concentrating on the act of driving. It also includes being reasonably sure that the car being driven is safe. Accordingly, failing to maintain a vehicle may also be negligence. If someone knows about a problem with a vehicle but continues to drive without fixing it, that person may be held negligent in an accident. Potential maintenance issues include:

• Failing to replace burned-out headlights or tail lights

• Not replacing worn brakes

• Not repairing chips or cracks in auto glass

• Not ensuring that your transmission works properly

• Driving with extremely worn tires

Any of these omissions can lead or contribute to car crashes that injure or kill people.

What Is Modified Comparative Negligence?

Every state has laws governing accidents in which more than one party is responsible. In Illinois, we use a modified comparative negligence statute. After an accident, each liable party receives an assigned percentage of fault. If your percentage is less than 51 percent, you can obtain compensation from other at-fault parties. However, your payout will be reduced by that same percentage. On the flip side, your negligence may obligate you to pay compensation to others who are injured in the collision.

When you work with a car accident lawyer from Kanoski Bresney, we will investigate your accident. If a driver’s failure to maintain their vehicle contributed to causing it, we will fight to hold them accountable for your damages.

Request Your Free Consultation 24/7 With Our Springfield, IL Car Accident Lawyers

Every accident is unique, and specific circumstances will affect your claim for compensation. At Kanoski Bresney, we know how to find supporting evidence that protects your best interests. Call us at 888-826-8682 to discuss your case during a free consultation with one of our knowledgeable Decatur, IL car accident attorneys.