Car accidents can be chaotic, confusing, and scary. It is not unusual for all drivers involved to be less than certain about who caused the crash. Fault usually must be determined so that the negligent driver can pay other injured drivers fair compensation, whatever that might be. In some cases, the drivers decide among themselves who is responsible. Others rely on police reports and evidence. Still, in more contentious cases, insurance companies and courts of law must determine fault.
Fault is often based on the concept of negligence. Whichever driver’s negligent behavior directly caused the crash may be deemed at fault. We need evidence to prove who was negligent, possibly including photos, videos, witnesses, and police reports. Even when it is clear that another driver was negligent, they might be the only one. Multiple drivers might be deemed at fault. Injured drivers are sometimes responsible and might see their damages reduced according to comparative fault laws.
Our Illinois personal injury lawyers can offer a free, private case evaluation to get you started when you call the Rhatigan Law Offices at (312) 578-8502.
Who Decides Fault in an Illinois Car Accident Case
Not every car accident ends up in front of a judge and jury, and various people and parties can be involved in determining fault. For example, many cases are resolved privately between drivers. One driver might admit to being at fault, so both drivers can file their respective insurance claims and put the whole mess behind them faster. In minor accidents where nobody is hurt and vehicle damage is minimal, the drivers might reach an agreement without getting insurance companies involved.
Other times, the police are needed to help determine fault. Drivers often call for help after an accident, especially one involving bodily injuries. According to 625 I.L.C.S. § 5/11-408(a), police officers who investigate car accidents must write reports of their investigations. Depending on what kind of evidence the police turn up, they might offer insight into who is responsible for the accident.
Drivers often file insurance claims after accidents, and insurance companies often must weigh the evidence collected by the police and our Elgin, IL car accident lawyers to determine which driver is at fault. In Illinois, drivers must file third-party claims with the other driver’s insurance. They must also prove to the insurance company that the other driver is at fault. As such, insurance companies often decide who is responsible, and the at-fault driver’s insurance usually covers the damages.
If insurance is not an option or a claim is denied, drivers may take their case to court, and a judge or jury will determine who caused the accident. This generally is more time-consuming, complicated, and sometimes frustrating. However, the verdict is legally binding, and the at-fault driver must cover the damages.
Determining Who is At Fault for a Car Accident in Illinois
How do we prove that the other driver is at fault for a car accident, anyway? In many cases, fault is based on negligence, which is comprised of four legal elements: duty, breach, causation, and damages. Each element must be sufficiently established for there to be a finding of negligence. If negligence cannot be proven, it might be difficult to determine fault for the crash.
The first element, duty, refers to the defendant’s duty of care owed to the plaintiff. In car accident cases, this is the duty to drive with reasonable safety under the circumstances while following traffic laws. This duty applies to all drivers on public roads, streets, and highways.
The second element is the breach, which is whatever the defendant did to violate their duty of care. For example, running a red light or texting and driving may be considered breaches of the duty of care. The breach will likely vary greatly from case to case, and we can check with investigating police officers to determine if the other driver did something to breach their duty.
Causation is the element that connects the defendant’s breach with the accident. In short, the breach must be the direct and proximate cause of the accident. If other forces somehow intervened and caused the accident, the defendant might not be deemed at fault.
Finally, we have to show you have real damages, such as physical injuries and damage to your car. A person cannot be at fault for damages that do not exist.
Evidence You Might Need to Determine Fault in an Illinois Car Accident Case
To prove fault for a car accident, we need evidence. The sooner we start looking for evidence, the more likely we will find something helpful to your case. If you have not contacted an attorney yet, speak with one soon. The statute of limitations under 735 I.L.C.S. § 5/13-202 gives injured drivers only 2 years to file lawsuits.
Photos and videos from the accident are common in car accidents and may be very helpful to your case. People often make these recordings to send to insurance companies, but they also make for excellent evidence in court. If the other driver tries to dispute certain facts about the accident, your photos might shed light on the situation and prove them wrong.
We must also look for any witnesses who can provide testimony in court. Did other drivers stop to help? Maybe someone walking by called 911 for you because you were too injured to do it yourself. These people and possibly others might have first-hand knowledge about how the accident occurred and help us determine fault for the collision.
While police reports are a normal part of car accident cases, they are often inadmissible as evidence because they violate the rule against hearsay evidence. If we cannot use the report as evidence, we might use it as a guide to help us find other evidence. If the police uncovered anything helpful in their investigation, it might be explained in the report, which we can use to find the evidence.
Speak to Our Illinois Car Accident Attorney for Legal Support Now
Our Orland Park, IL car accident lawyers can offer a free, private case evaluation to get you started when you call the Rhatigan Law Offices at (312) 578-8502.
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