No driver ever wants to get into a car accident, but hundreds of accidents happen every day in Illinois. Determining fault for each accident is key in helping you get a fair settlement or helping you present a strong case if you have to file a lawsuit against the other driver with help from a Chicago car accident attorney. However, it’s incredibly common for both drivers in an accident to at least be partially responsible for the wreck, but just because it’s common doesn’t mean it’s not confusing. Let’s take a look at what can happen when you’re partially at fault.
What Happens if You’re Partially at Fault
The more at fault you are for the accident, the more right the other driver has to claim compensation for damages. If the court determines that you’re more at fault for the accident, the other driver can sue for a larger settlement. This is why working with an experienced Chicago car accident attorney is so important.
Your attorney will work to show exactly who is at fault and why your responsibility for the accident is as small as possible. They’ll do this by putting together a case that helps clearly determine the amount of fault each driver has in the crash.
How Fault Is Determined
Determining fault isn’t always straightforward. Attorneys will look at several factors when helping determine fault, whether you’re negotiating with an insurance provider or presenting your case in court. Here are the key factors your Chicago car accident attorney will consider when determining fault and setting your case up for success.
The Police Report
Calling the police after most accidents is nearly always in your best interest. When law enforcement arrives on the scene, they’ll create a detailed report that explains the accident and the types of damage each party suffered. The report will also contain witness statements, statements from you and the other drivers involved, as well as documentation showing which traffic laws were violated and by whom.
Your attorney can use this information to better understand who is at fault and how much fault you may bear in the accident.
Witness Statements
Witnesses like pedestrians or cyclists in the area or other drivers who saw the wreck happen can also help determine fault. Witnesses can provide information about what each driver was doing leading up to the accident and may be able to corroborate your side of the story both with law enforcement and in court if you choose to file a lawsuit.
Traffic Laws
Violating certain traffic laws can also contribute to fault. For example, if the other driver was speeding or driving erratically, their actions may have contributed more to the accident than yours. This could cause them to be found more at-fault for the accident than you are. Violations of traffic laws and any citations issued for those violations can be found in the police report, as mentioned above. However, if no citations were issued, your attorney may need to rely on witness statements to show fault.
Additional Evidence
After an accident, it’s a good idea to clearly document the damage and the scene of the accident as thoroughly as possible. The best way to do that is to take pictures with your phone or a dedicated camera. Your attorney will use those images and any other documentation you provide to determine fault. They’ll look for images of things like:
- Skid marks
- Debris in the road
- Hazardous road conditions
- Vehicle damage
- Dashcam footage
The more evidence they can collect, the easier it will be for your attorney to make your case.
Speak With a Chicago Car Accident Attorney Now
Whether you believe you’re partially at fault or completely innocent in your recent wreck, don’t wait. Contact the team at Fabbrini Law Group to schedule a free consultation. Our Chicago car accident attorneys will help you understand your options.