How Do I Prove Fault in a Car Accident?

 Posted on June 05, 2024 in Car Accidents

Car accidents occur regularly throughout the Illinois area, and many of these accidents are serious and result in catastrophic injuries. After a car accident has occurred, you may face the challenge of proving the other driver’s fault in order to get compensation. This process is often difficult, especially for those who have been injured in a car accident and need to focus on recovery.

The assistance of an experienced Illinois car accident lawyer is essential as you work to prove fault and recover the compensation you deserve.

Proving Fault After a Car Accident

In Illinois, the state uses a modified comparative negligence system to determine fault in car accidents. This means that a person who is injured in a car accident can only recover damages if he or she is no more than 50 percent responsible for the accident.

Proving fault in a car accident is mandatory if you want to recover damages from the at-fault driver. Obtaining evidence of the other driver’s fault and the circumstances of the accident is one of the best ways to back up your claim.

Evidence that can help you prove fault after a car accident includes:

• Witness statements
• Photographs and videos of the accident
• Police reports
• Medical documentation

All of these pieces of evidence help establish that the other driver acted negligently, that his or her actions caused the car accident, and that you or a loved one was injured as a direct result of the car accident.

What Damages Can I Recover After a Car Accident?

You may be eligible for several different types of compensation based on the severity of your car accident. In general, damages you might be able to recover after a car accident include:

• Medical expenses
• Property damage
• Loss of income
• Loss of enjoyment of life, in the case of a permanent disability or serious injury
• Loss of companionship, in the case of a wrongful death

In many cases, insurance companies will try to settle for as little as possible, something that may leave you without the compensation you deserve. This is where an attorney can help, as your lawyer will advocate for you throughout the claim process.

Contact a Chicago, IL Car Accident Lawyer

Car accidents are often traumatic to deal with, and you or a loved one may have experienced serious injuries as a result of another driver’s actions. If you are seeking compensation after a car accident, you will need to prove the fault of the other driver and work with a seasoned Chicago, IL car accident attorney.

At Winters Salzetta O'Brien & Richardson, LLC, our attorneys have successfully advocated for clients injured in car accidents throughout the Chicago area. We dedicate our personalized guidance to every client we assist. Call 312-236-6324 for a free consultation.