Car accidents can leave victims with medical injuries, debt, and property damages. It is a traumatic time for victims who have no idea who is financially responsible for the incident. Determining fault in a car accident is crucial for deciding who is responsible for covering damages. Illinois follows a “fault-based” or “at-fault” approach to car accidents, meaning the person responsible for the accident is also financially responsible for any damages. A skilled Illinois-based car accident attorney can assist you with determining fault and proving your case.
Key Evidence and Factors in Establishing Fault
Qualified attorneys will gather evidence to build a solid case for accident victims. Various types of evidence are essential in determining fault in an Illinois car accident case. This evidence can clarify the events leading up to the accident and support or challenge each driver’s account. Eyewitness statements, photos and videos, black box data, and traffic cameras or dashcam footage are vital pieces of information that are key to building a case and establishing fault.
Courts in Illinois consider several factors to determine fault. Those factors may include:
- Traffic violations
- Rear-end collisions
- Left-turn accidents
Law Enforcement’s Role in Fault Determination
Police reports are crucial evidence after a car accident. They provide an overview of the incident and the initial evidence the police officers found at the accident scene. This evidence may be crucial in a trial. Police reports are the first evidence attorneys use to establish fault. The report may include statements from drivers, passengers, witnesses, and the officer’s observations. The details may include:
- Weather and road conditions
- Vehicle positions
- Potential traffic violations
- Witness accounts
Police reports provide insights that insurance companies and attorneys use when determining liability.
Illinois’ At-Fault System and Comparative Negligence
Illinois law follows a modified comparative negligence standard for handling compensation in car accidents. According to the modified comparative negligence rule, plaintiffs can still recover damages even if they’re partially at fault, as long as their share of fault is less than 50%. The compensation will be reduced by the percentage of fault assigned to them. For example, if a person is 20% at fault for an accident, any damages they’re awarded will be reduced by 20%. They’re ineligible for compensation if they’re 50% or more at fault.
Steps You Should Take After a Car Accident
As an accident victim, it is essential to remember the steps to take following an incident. These steps can ensure your physical well-being and help your case in a potential lawsuit.
- Call the police to the scene so a police report can be filed.
- Document the scene with photographs and video if possible. Take pictures of any physical injuries or damage to the vehicle. Also, take photographs of any traffic signs at the accident site.
- Collect witness information that may support your case.
- Seek medical attention because your physical health should be your primary concern. Medical reports may also establish injury timelines and link injuries to the accident.
- Report the accident to your insurance company to ensure that you follow the necessary procedures for your claim.
Consulting an Attorney
Determining fault relies on evidence and is influenced by the state’s comparative negligence rules. Understanding how fault is assessed can be complicated. An experienced attorney at Fabbrini Law Group can help protect your rights, handle negotiations with insurance companies, and collect evidence to bolster your case. A skilled attorney can navigate Illinois’ negligence laws to help you receive just compensation. We can ensure that you are protected by identifying who was at fault. For legal assistance following a car accident, please contact us online or call 312-494-3131.