Head-On Collision Injuries in Illinois: Causes & Fault

Does crossing the center line decide the whole case?

It is one fact in the section 2-1116 measurement. The section does not make that fact the whole case.

Does failure to wear a seat belt diminish the recovery?

No. Failure to wear a seat safety belt in violation of section 12-603.1 shall not be considered evidence of negligence, shall not limit the liability of an insurer, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.

Does a 50 percent share bar recovery?

No. A share that is not more than 50 percent diminishes the damages. A share that is more than 50 percent bars recovery.

When does section 13-202 require the action to be filed?

735 ILCS 5/13-202 requires the actions it covers to be commenced within 2 years next after the cause of action accrued. That two-year sentence does not cover damages resulting from first-degree murder or a Class X felony when the perpetrator is convicted of that crime. The source is P.A. 99-90, effective January 1, 2016. 735 ILCS 5/13-211(a) lets a person who was under 18 when a cause specified in sections 13-201 through 13-210 accrued bring the action within 2 years after attaining 18. That subsection does not state a general delayed-discovery exception.