Determining fault after an Illinois car accident requires evidence showing how each driver’s actions contributed to the collision. Insurance companies may reach different conclusions, especially when drivers provide conflicting accounts or several vehicles are involved.
A car accident lawyer in Chicago will fight for the justice you deserve after an injury.
Call us at (312) 701-0090 to pursue financial compensation today.
How Fault Is Determined After a Car Accident in Illinois
Fault depends on whether a driver failed to use reasonable care and caused the crash. For instance, the investigation will look into whether someone was speeding, following too closely, driving while distracted, making an unsafe turn, ignoring a traffic signal, failing to yield, etc.
Investigators may also compare the drivers’ statements against physical evidence to determine which account is consistent with what happened. The location of the vehicle damage, road layout, traffic conditions, and movement of each vehicle can all help establish the sequence of events.
If a traffic citation is issued it can support fault determination, but it does not automatically settle every liability dispute. The available evidence must show how the violation or unsafe conduct contributed to the collision.
Types of Evidence That Can Establish Responsibility
The evidence available after a crash can help you prove another party was at fault. For example:
- Police reports: The responding officer will document driver statements, witness information, road conditions, vehicle positions, and any citations issued.
- Photos and videos: Images of the scene, damage, skid marks, traffic signals, and surrounding area can preserve details that disappear after vehicles are moved.
- Witness statements: Independent witnesses may confirm your version of events.
- Traffic and Surveillance footage: Cameras from businesses, homes, intersections, or nearby vehicles may capture the collision or the moments leading up to it.
- Vehicle data: Some vehicles record information about speed, braking, steering, and other driver inputs shortly before impact.
- Cell phone records: These records may help establish whether a driver was calling, texting, or using an application around the time of the accident.
The strength of the evidence often depends on how quickly it is located and preserved.
Can More Than One Driver Share Fault in Illinois?
Illinois follows modified comparative negligence, meaning fault is divided among the people whose actions contributed to an accident. Under 735 Illinois Compiled Statutes 5/2-1116, you can only recover damages when your share of fault is 50% or less. However, your compensation is still reduced by your percentage of the blame.
You cannot recover damages if you are found 51% or more responsible. As an example, if your losses total $100,000 and you are found 20% responsible, your recovery may be reduced to $80,000. If you are found 51% at fault, you get $0.
How Insurance Companies Challenge Fault
An insurer may question your statement even when the other driver caused the collision. The at-fault party’s insurance adjuster’s goal is to assign part or all of the responsibility to you to limit their payout.
To do so, adjusters may rely on statements you made shortly after the crash, before you knew the full extent of your injuries or had all the facts. They may also use an incomplete police report, conflicting driver accounts, or selected portions of the evidence to support their position. You have the right to challenge their fault assessment through negotiations, and a judge or jury can make the final decision if the case proceeds to court.
Why Hiring a Lawyer Protects Your Interests
A Chicago injury lawyer can manage a claim from the first insurer contact through settlement negotiations or litigation. This includes protecting you from statements that could be used to reduce your recovery, submitting medical and wage documentation, tracking deadlines, evaluating settlement offers, and more.
If the insurer refuses to accept responsibility, your attorney can move the dispute beyond their internal claims process. Filing a lawsuit allows your lawyer to obtain testimony and records through formal discovery, question the other driver under oath, and present the evidence to a judge or jury.
Get Answers About Fault
Contact Mark L. Karno & Associates, LLC online or at (312) 701-0090 for a free consultation about any fault questions involved in your Illinois car accident case.