The pipe burst into flames upon impact and Posen firefighter Zachary Orel and a New Lenox man, Bart Lenz, were killed in the fiery inferno, reports the Chicago Sun-Times. Determining liability for the accident will likely depend upon Illinois contributory negligence laws.
The accident happened at an industrial park near Schoolhouse Road and Old Plank Road Trail, reports the Sun-Times. A Ford Mustang with two people inside and an SUV with three others were driving -- and possibly racing -- side by side when they crashed through a fence at the end of a dead-end road and traveled about 125 feet before striking the pipeline. The pipe was filled with crude oil and caught fire.
Along with the two deaths, three other men were taken to area hospitals. Investigators are still not certain what events precipitated the accident or who was to blame. As Illinois is a contributory negligence state, determining who was at fault in the accident is critical.
Generally, under Illinois contributory negligence laws, liability for an accident depends upon which party is more at fault. For example, if you were 40 percent to blame for an accident, you would only be allowed to recover 60 percent of damages. Someone who had no blame for an accident, may be able to recover 100 percent of damages. In contrast, someone who caused an accident by 50 percent or more would not be able to recover any damages.
The details of who caused the fiery accident along the industrial park are still not known. But if it is discovered that the two parties were equally to blame, neither party may be able to recover anything under Illinois contributory negligence laws.
Related Resources:
Find a Chicago Personal Injury Attorney (FindLaw)
Family Mourns Firefighter Killed in Two-Car Crash into Oil Pipe (MyFox Chicago)
Car Accident Liability: Proving Fault in a Car Crash (FindLaw)
Ask A Question about Personal Injury now (FindLaw Answers)
The Chicago Personal Injury Law Blog
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