Understanding the duty to rescue law and what it means for car accidents
Car Accident - January 10, 2025 by Horwitz, Horwitz & Associates
A “duty to rescue” law refers to a legal obligation for an individual to assist someone in danger or distress. While many states, including Illinois, generally do not impose a legal duty for bystanders to intervene, exceptions can arise in certain situations. These exceptions are crucial in understanding how the duty to rescue law applies in car accidents.
At Horwitz, Horwitz & Associates, we aim to clarify how Illinois laws apply in these situations. Below, our Chicago car accident attorneys explore the duty to rescue law, its relevance in car accident cases, and how it might affect liability and compensation claims.
Duty to rescue in Illinois: What the law says
Illinois law does not impose a general duty to rescue strangers. However, specific scenarios can create a legal obligation to act:
- Special relationships: Certain relationships, such as parent-child, employer-employee, or driver-passenger relationships, may create a legal duty to assist.
- Causing the danger: If an individual’s actions directly caused the danger (such as a driver who caused the accident), they may have a duty to provide reasonable assistance to those harmed.
- Good Samaritan laws: Illinois has laws, such as the Good Samaritan Act which protects individuals who voluntarily provide emergency aid from being sued, as long as their actions are not grossly negligent. While this law encourages assistance, it does not require it.
What the duty to rescue means in car accidents
In car accidents, the duty to rescue can apply differently based on the circumstances of the crash and the relationship between the parties involved. Here are some examples.
Drivers involved in the accident
Drivers involved in a car accident often have a duty to provide reasonable assistance to others injured in the crash. This may include:
- Calling 911 to report the accident.
- Providing first aid if capable and necessary.
- Remaining at the scene and cooperating with emergency responders.
Failing to fulfill these responsibilities could lead to legal consequences, including charges of negligence or leaving the scene of an accident.
Bystanders at the scene
Bystanders generally have no legal obligation to assist accident victims unless they have a special relationship with the injured party or caused the danger. However, Illinois’ Good Samaritan laws protect those who voluntarily help from liability, encouraging assistance without fearing legal repercussions.
Professional first responders
Medical professionals and first responders, such as EMTs or police officers, have a higher duty to act due to their training and professional obligations. Their failure to provide assistance may result in professional consequences or legal liability.
How the duty to rescue affects liability in car accidents
The duty to rescue law can play a significant role in determining liability and damages in car accident cases. For example:
- Negligence claims: If a driver fails to provide reasonable assistance after causing an accident, their inaction could be used as evidence of negligence in a personal injury lawsuit.
- Compensation claims: An injured party may seek damages for harm caused by delayed medical care or assistance due to another’s failure to act.
- Shared liability: In some cases, courts may consider whether both parties contributed to the harm by failing to act, affecting the distribution of compensation under Illinois’ modified comparative negligence rule.
How Horwitz, Horwitz & Associates can help
Car accidents involving questions about the duty to rescue law can be complex. At Horwitz, Horwitz & Associates, we have decades of experience helping injured clients navigate Illinois law. Our attorneys can:
- Investigate the accident to determine whether a failure to provide assistance contributed to your injuries.
- Identify liable parties and pursue claims for compensation.
- Advocate for your rights under Illinois’ legal framework.
Call us for guidance and support
Understanding the duty to rescue law is vital for anyone involved in a car accident. While Illinois generally does not impose a legal obligation to rescue strangers, exceptions arise for those who caused the danger or have special relationships with the injured party.
If you’ve been injured in a car accident and believe the duty to rescue law may impact your case, contact Horwitz, Horwitz & Associates today for a free consultation. Our experienced attorneys can guide you through your legal options and fight for the compensation you deserve. Call us at (800) 985-1819 or visit us online to learn more.
