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How to Prove Liability in a Car Accident Case

Posted on in Car Accidents

b2ap3_thumbnail_Untitled---2023-08-09T120512.256.jpgBeing involved in a car accident can be a traumatic experience, and dealing with the aftermath can be overwhelming. If you have been injured in a car accident that was not your fault, you may be entitled to compensation for your injuries and damages. However, before you can recover compensation, you will generally need to prove that someone else was primarily responsible for causing the accident. In most cases, a negligent driver will be at fault for an accident, but other liable parties may also be involved in your case.

Gathering Evidence

To demonstrate liability for a car accident, multiple forms of evidence may be gathered to establish negligence on the part of a driver or another party. Some key forms of evidence may include:

  • Police reports: After an accident, it is essential to contact local law enforcement immediately to report the incident. A police officer will come to the scene of the collision and create an official accident report. Since this report will provide information about who was at fault for the accident, it will serve as an important piece of evidence when proving liability.

  • Photographs: Pictures of all vehicles involved in a collision, as well as any visible injuries sustained by drivers, passengers, pedestrians, or other parties can demonstrate the extent of the damages that occurred in an accident.

  • Witness statements: Anyone who saw the accident unfold can provide valuable information about what occurred and who was at fault. 

  • Accident reconstruction experts: In complex cases where fault for a collision is disputed or unclear, experts may play a role in determining what happened. These professionals may analyze factors such as skid marks, vehicle positioning, and road conditions to recreate how the crash occurred.

  • Medical records: By keeping detailed records of all medical treatment that was related to the injuries sustained in the accident, as well as any associated expenses, a person who was injured can show how they were affected by the negligence of a driver or other parties.

Obtaining all of the necessary evidence can be a complex process. However, the personal injury attorneys at Woodruff Johnson & Evans Law Offices can act quickly following an accident and take all necessary measures to gather and preserve the relevant evidence. We can visit the scene of an accident, take pictures, speak to witnesses, and look for any additional evidence that may be relevant, such as footage of the accident captured by nearby security cameras. 

Negligence Laws in Illinois

Following a car accident, it is important to understand the negligence laws that apply in these situations. To establish negligence in an Illinois car accident case, four elements must be proven:

  1. Duty: The at-fault driver had a “duty of care” to protect the safety of others on the road.

  2. Breach: The at-fault driver violated their duty of care through negligent actions or failure to use the proper level of care.

  3. Causation: The driver’s negligence was the direct cause of the accident and the resulting injuries.

  4. Damages: Actual damages such as medical bills, property damage, lost wages, or pain and suffering occurred as a direct result of the negligence of a driver or other parties.

Addressing Comparative Fault

In some cases, more than one party may be liable for an accident. Illinois follows a modified comparative fault rule that allows an injured party to recover damages even if they were partially at fault for the accident. If a person was less than 50 percent at fault, they may seek compensation from other liable parties. However, the person’s own percentage of fault may affect the amount of compensation they can receive. For example, if a person’s level of fault for an accident was found to be 20 percent, and the total amount of their damages was calculated to be $100,000, the amount they may receive would be reduced by 20 percent. In this situation, the person may be awarded $80,000 in damages.

Contact Our Kane County Car Accident Lawyers

At Woodruff Johnson & Evans Law Offices, our Aurora car accident attorneys can help you gather the necessary evidence to prove liability for a collision, and we will work to ensure that you can be fully compensated for the injuries and damages you have suffered. To begin building a strong case for compensation, contact our firm by calling 630-585-2320. We offer free initial consultations, and we provide legal help to people in Aurora, Chicago, and throughout Illinois.



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