If you are looking to recover maximum compensation following an Illinois car accident, it helps to understand the state’s car insurance system. Illinois follows a traditional fault-based insurance system. That means you file a car accident claim with the at-fault driver’s insurance carrier after an accident. If a personal injury lawsuit is the best way to pursue compensation, proving fault for the collision is still necessary to get the money you deserve.
Proving fault is at the heart of every car accident claim and lawsuit. However, proving fault may be challenging if you don’t have the tools or experience to gather the evidence you need to build a solid case. So, how does a car accident attorney help prove negligence in Illinois?
Understanding Negligence After an Illinois Car Accident
Proving fault for a car accident means an attorney must work to demonstrate four vital elements. These elements include:
- The other driver owed a duty of care or legal obligation to operate their motor vehicle safely.
- The at-fault driver violated their duty of care, typically via careless behavior such as speeding, failing to yield, tailgating, or other reckless actions.
- The violation directly caused an accident, injuring the victim.
- The victim suffered measurable harm and losses because of the accident.
Being a fault-based insurance state, proving that the other driver is liable for the accident is essential when filing an insurance claim. It is also vital if you pursue a personal injury lawsuit against an insurer or at-fault driver. Illinois civil courts follow a modified comparative negligence standard, meaning a victim’s compensation decreases by the same percentage as their level of fault for causing the accident. Anyone who bears more than 50 percent of the fault for causing a collision cannot recover compensation for their injuries. Although insurers are not legally bound by the modified comparative negligence rule like courts, they factor the rule into their claim compensation decisions.
How Does a Car Accident Attorney Prove Negligence and Fault?
Proving fault for an accident comes down to the quality of the evidence in the case. Working with an attorney is crucial because a skilled car accident attorney has the experience and legal resources to collect and preserve evidence before it can be lost or destroyed. Gathering evidence can be challenging for vulnerable accident victims suffering from traumatic injuries. Sometimes, specific evidence may only be collected legally, such as a subpoena or a letter of spoliation.
Although the circumstances of every case vary, an attorney can attempt to prove fault by utilizing evidence such as:
- Police report
- Photographs and videos of the accident scene
- Witness statements
- Surveillance or dash camera videos
- Cellular phone records
- Medical records
- Expert witness testimony and accident reconstruction
An attorney understands how to collect and use this evidence to build a strategic case that proves liability and gives you the best chance at obtaining a favorable outcome.
Contact an Illinois Car Accident Attorney for Help Today
At Bonifield & Rosenstengel, P.C., our car accident attorneys advocate for injured car accident victims, helping them pursue maximum compensation for their injuries. Contact our office today and arrange a free consultation.