An Interesting Chicago Accident
A vehicular collision yesterday morning between a car and a school bus in Orland Park, Illinois, injured six special needs children. The Chicago Sun Times reported that the six students and the two occupants of the car were taken to local hospitals for varying injuries.
An accident like this is interesting because regardless of who was at fault, the six occupants of the bus all likely have viable personal injury cases. Ordinarily in personal injury cases, the injured person's damages are reduced by that person's percentage of negligence, up to fifty percent. Under Illinois law, if an injured person is more than fifty percent negligent, they are unable to recover any damages.
In this case, however, the occupants of the bus were not driving, and therefore cannot be negligent. I do not know the particular facts of this collision, but the occupants of the bus likely have viable claims against the driver or the bus, the driver if the car, or both drivers, depending on the negligence of the drivers.
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