After a car accident, one of the most important questions to answer is, “Who is at fault?” The question of legal fault determines who is legally responsible — or “liable” — for the resulting losses suffered by other parties involved.
These losses, called “damages,” can include everything from the costs of medical care to vehicle repairs to the intangible pain and suffering endured by the injured parties.
Assigning liability after a Chicago car accident is rarely easy. Insurance companies and drivers are keen to avoid liability, and they will often use any strategy available to shield themselves from paying for damages to other parties involved. Often, it can feel impossible to get to the bottom of the truth, which is why it can be so beneficial to work with an experienced Chicago car accident liability lawyer after your crash.
The Personal Injury Lawyers™ of Chicago is a proven and trusted firm, having successfully represented thousands of local individuals in their car accident claims. We can investigate liability, research applicable laws and case outcomes, and then negotiate aggressively with insurers and other parties to establish liability and go after the highest amount of compensation available.
When you are ready to learn more about how to prove fault and how much your case could be worth, reach out to the Chicago car accident law firm that’s ready to lay it all on the line for you.
Call (312) 999-9990 or contact us online to schedule a free case review with an experienced attorney in your area today.
How Does a Chicago Car Accident Liability Attorney Prove Fault After My Crash?
In the overwhelming majority of injury claims, fault will be accepted by the insurance company. The insurer will then issue a settlement payout for all of the damages they agree to cover.
However, insurers often miscalculate the true cost of damages, or they will disagree as to how their liability policy’s benefits apply to the case. The insurance company may also wish to assign fault partially to another party — including the victim — or they may deny altogether that their policyholder is at fault for the accident.
Keep in mind that insurers do not voluntarily accept fault out of the goodness of their own heart. They only do so when they are convinced that they will eventually be ordered by a court to accept fault and cover the applicable damages.
Illinois law compels them to honor the word of their policy. These policies, in turn, exist solely to cover costs that the policyholder would otherwise be legally bound to pay for.
Put another way: insurance companies have a legal responsibility to pay for all damages their policyholders inflict. They can only avoid doing so when they have the evidence and legal justification to either state that fault is inconclusive or that someone else is at fault.
Your Chicago car accident liability attorney’s job is to assemble the evidence and legal arguments needed to convince the insurance company that they cannot avoid liability. The stronger the evidence of fault, the more likely the insurer is to settle for the amount of damages being requested.
When fault is unclear or disputed, your attorney may need to obtain a court order or a jury verdict in order to legally force the insurer to accept liability.
Your attorney will attempt to prove fault using all available evidence, including:
- Medical documentation describing injuries, their treatment costs, and their likely cause (the car accident), according to the opinion of licensed medical professionals
- Witness statements, including those of the claimant and others who were present at the time of the accident
- Photos and video, including those captured by the claimant, a private investigator hired by their attorney, and the insurance adjuster
- Security cam and dashcam footage, if any, is available from vehicles or properties near the accident when it occurred
- Expert witness statements, such as an analysis by a household economist comparing the wages and benefits earned by the victim prior to the crash compared to afterward, which calculates the total value of lost wages suffered by the victim
- Citations of applicable laws and prior case rulings, including cases where an appeals panel or jury ruled on a specific legal question that applies to the present case
- Analysis of the applicable liability policy, which states situations where coverage would be provided along with a list of benefits available
- Police reports and other official documentation available
What Damages Can the Liable Party Be Forced to Pay?
The at-fault party in your accident is responsible for paying all covered damages, which will include damages in one or more of the following categories:
- Medical bills,including emergency treatment, hospitalization, surgery, and the projected future costs of follow-up care and physical rehabilitation
- Lost wages, compensating the victim for all reductions in income or benefits that result from their inability to work
- Out-of-pocket expenses made necessary by the accident, such as the cost of transport to medical appointments or over-the-counter wound treatment supplies
- Pain and suffering related to your injuries, including the loss of ability to enjoy your former lifestyle or to spend time as you once did with loved ones, temporarily or permanently
- Vehicle repair costs and other personal property damages, including the costs of replacing clothing, devices, or valuables damaged or destroyed in the wreck
What Is the Legal Basis for Proving Liability?
In most car accident cases, liability will be legally established using the doctrine of negligence.
Negligence theory states that the at-fault party failed to uphold their duty of care to keep the defendant safe. All drivers have a duty of care to follow traffic laws, for example, and use general caution any time they are on a public road.
Commercial vehicles may have even stricter duties based on federal regulations, industry standards, and state laws.
Importantly, the at-fault party’s breach of duty must be the proximate (most direct) cause of the claimant party’s injuries. The claimant must also be able to prove that they suffered damages that can be recovered, including all of the damages listed in the section above.
As implied earlier, most cases don’t need a judge or a jury to rule on them for the at-fault party to accept that they were negligent and, thereby, liable. However, if the at-fault party is not convinced that they will lose a court case, then they may fight to avoid liability.
Your attorney’s job is to then convince them that your case is strong enough to stand up in court and that they should settle rather than take on the extra time, expense, and effort of arguing a case in court. In the event that the at-fault party or their insurer refuses to settle, your lawyer can still file a lawsuit (formally called a “civil complaint”) and attempt to get the court to weigh in on the matter.
Who Is Liable for My Accident?
The circumstances of your collision determine who, ultimately, should accept liability for your resulting damages.
Common parties named in a car accident injury claim include:
- Other drivers involved in the wreck, if their actions contributed to or were the sole cause of the accident
- The driver of your vehicle, if you were a passenger injured by their negligent driving
- The business that hired the driver who hit you or that owned the vehicle they were using since employers are legally responsible for damages inflicted by employees
- The manufacturer of a defective vehicle or car part, if the defect caused the accident or caused your injuries to be worse than they would have been otherwise
- The municipal or state agency responsible for designing and maintaining the road where you were hurt, if a defective road or other dangerous condition contributed to the accident
- A private property owner if they failed in their responsibilities in a way that caused the accident to happen or to be worse than it would have been otherwise
- Another third party, as determined by your attorney
What if I’m Accused of Partial Fault or Multiple Parties Contributed Fault?
Illinois uses a modified comparative fault system. It states that every party must pay for their assigned portion of fault if they contributed liability to an accident.
If, for example, two drivers were equally responsible for causing the crash that hurt you, then they will be required by law to split the total cost of damages 50-50.
Importantly, you can also be accused of contributing to the accident’s circumstances. In this case, the total value of your possible settlement or award will be reduced by the percentage of fault you contributed.
Also, if you are determined to be more than half (<50%) at fault, then Illinois law bars you from attempting to make any recovery, including through an insurance claim.
Insurance companies often use comparative fault laws to reduce the amount of damages the claimant is eligible to receive. Because of this risk, it is critical to seek the help of an attorney after any accident where someone is trying to argue that you were partially — or completely — at-fault.
Work With a Chicago Car Accident Liability Law Firm That Wants You to Get Top Dollar
Without experience in handling car accident liability claims, it can be easy to underestimate the true worth of your injury case. That risk is why the Illinois State Bar Association explicitly recommends having a lawyer review any injury settlement offer you receive prior to signing. They also recommend that you consult with an attorney before providing any statement to insurers or when you need other guidance involving your claim.
With the legal assistance and strategic management we provide at The Personal Injury Lawyers™, you can rest assured that your case will be accurately valued and that your legal rights will be protected. While we can’t guarantee that we will be able to get you compensation for your case, our contingency agreements mean that you don’t pay anything unless you are able to receive money for your injuries.
We also have a history of successful claims that can put your mind at ease.
When you’re ready to learn more about how to fight for the highest amount of compensation available, reach out to our team. Schedule a free, no-obligation case review today when you call (312) 999-9990 or contact us online.
