After a car accident, one of the most pressing questions victims face is simple yet confusing: who decides who was at fault? The answer depends on several factors, including the severity of the collision, whether injuries occurred, and how far the case progresses through the legal system. Understanding who makes these crucial determinations can help you prepare for what lies ahead and protect your rights throughout the car accident claims process.
Police Officers and Reports
When law enforcement responds to an accident scene, officers often serve as the first official party to assess what happened. Police officers investigate the scene, interview drivers and witnesses, examine vehicle damage, and document their findings in an accident report.
However, these documents typically avoid making definitive statements about legal fault. Instead, insurance companies and attorneys will use these reports as starting points for their own investigations rather than as final answers.
Insurance Company Investigations
Following most accidents, insurance companies conduct their own fault investigations. Adjusters review police reports, examine vehicle damage, interview the parties involved, and sometimes hire accident reconstruction specialists. Each insurance company approaches this process with their client’s interests in mind, which can lead to conflicting conclusions about who bears responsibility.
Insurance companies operate under standards different from those of courts of law. They make decisions based on their policy terms, state regulations, and their assessment of what happened. An insurance company might accept partial fault for their insured driver to settle a claim quickly, even when that driver disputes the finding. Conversely, they might deny fault entirely and force the matter toward litigation.
The burden of proof in insurance negotiations typically falls on the claimant to demonstrate why the other party should be held responsible. This standard is lower than what courts require, but insurance companies still demand convincing evidence before accepting liability for significant claims.
When Cases Move to Litigation
If insurance negotiations fail to produce a satisfactory resolution, the matter may progress to formal litigation. At this stage, attorneys take on a more prominent role in developing the fault determination strategy. Lawyers can access evidence that insurance adjusters might miss, including:
- Expert witness testimony: Accident reconstruction specialists and medical professionals can provide detailed analysis of how the collision occurred and why.
- Discovery procedures: Formal legal processes can uncover crucial evidence like cell phone records, maintenance logs, or internal company communications.
- Depositions and witness testimony: Sworn statements will be taken from all parties involved, taken under oath, with legal consequences for false statements.
During litigation, the burden of proof becomes more clearly defined. Plaintiffs must demonstrate that the defendant’s negligence was more likely than not the cause of their injuries.
Courtroom Trial
When cases proceed to trial, judges and juries become the final arbiters of fault. Juries hear all the evidence, listen to expert testimony, and decide what they believe happened based on the information presented. Judges ensure that legal procedures are followed and may make determinations about what evidence can be considered.
At trial, both sides present their version of events through witness testimony, expert analysis, and physical evidence. The jury then decides not only who was at fault but also what percentage of responsibility each party bears. Under Illinois’ modified comparative fault system, this percentage directly affects the amount of compensation available to injured parties.
Contact a Car Accident Attorney Today
Given the complexity of fault determination and the various parties involved in making these decisions, having experienced legal representation can significantly affect the outcome of your case. At Bonifield & Rosenstengel, P.C., we will thoroughly investigate the circumstances surrounding the collision and work to ensure that fault is properly assigned based on the evidence and the law. Contact us today for a free consultation.