If you’ve been involved in a car crash, determining who is responsible for the accident is one of the most important steps in filing a personal injury claim. It is your right to hold the party at-fault financially responsible for your injuries, medical bills, lost wages, and any other damages you’ve sustained. Understanding how liability is assigned can help you build a stronger case as you pursue compensation. When you retain our Springfield, IL car accident lawyer, we take on the responsibility of assigning blame for the crash by building evidence against the negligent party. Let our firm handle liability, while you focus on recovery.
Understanding Liability In Car Accidents
Liability in a car crash refers to who is legally responsible for the accident. The person who caused the crash, typically through negligence, is liable for the damages. Negligence occurs when someone fails to exercise reasonable care, resulting in harm to others. In a car accident, negligence could be anything from speeding, running a red light, or driving under the influence.
When determining liability, investigators look at the facts of the case, such as traffic violations, evidence from the accident scene, and witness statements. The goal is to establish which driver’s actions caused the crash and if those actions were reckless or careless.
Key Factors In Determining Liability
Traffic violations are one of the most straightforward ways to assign liability. If a driver runs a red light or doesn’t stop at a stop sign, they are often considered at fault because they violated the law. The same goes for speeding or driving under the influence of alcohol or drugs. These types of violations directly contribute to accidents and injuries, making the driver who committed the violation liable for the damages.
Evidence collected from the scene of the accident also plays a significant role in determining liability. Police reports are often used to establish facts and the cause of the crash. Officers may write a report detailing what happened, including any violations or actions that led to the collision.
Photos of the crash site, vehicle damage, and skid marks also help establish the circumstances surrounding the accident. While police reports can be influential, they’re not always conclusive, so other evidence, like witness statements, can be crucial in proving fault.
Witness statements are another important factor in assigning liability. If bystanders or other drivers saw the accident occur, their testimonies can support your version of events. Their independent observations can help clarify who was at fault and provide additional evidence to back your claim. In some cases, surveillance footage from nearby cameras can offer clear visual evidence of the accident, making it easier for our Springfield car accident lawyer to identify the responsible party.
Shared Liability And Comparative Negligence
In some cases, more than one party may be partially responsible for the accident. Illinois follows a modified comparative fault rule. Under this system, a person can recover damages in a personal injury case as long as they are less than 51% at fault for the accident.
Here’s how it works:
- If you are found to be 50% or less at fault, you can still recover compensation for your injuries, but your damages will be reduced by your percentage of fault.
- If you are 51% or more at fault, you are barred from recovering any damages.
For example, if you were involved in a car accident and found to be 30% at fault, you could still receive 70% of the total damages. However, if you were found to be 60% at fault, you would not be entitled to any compensation. This modified comparative fault system makes certain that both parties’ actions are considered when determining responsibility for an accident.
Proving Liability In A Personal Injury Claim
To successfully file a personal injury claim, you must prove that the other driver’s negligence caused the accident and your injuries. This often requires gathering as much evidence as possible to support your version of events. For example, photographs of the accident scene, vehicle damage, and injuries can visually demonstrate the impact of the crash. Medical records showing the extent of your injuries and the treatment you’ve received will help connect your injuries to the accident. Eyewitness testimony can also be used to strengthen your case, especially if it confirms your account of what happened.
In some cases, professionals such as accident reconstructionists may be needed to help explain the cause of the accident. These professionals can analyze the evidence, such as the speed of the vehicles and the position of the cars before the collision, and offer a knowledgeable opinion on how the crash occurred.
While insurance companies often investigate liability, their primary goal is to minimize their payout. They may not always make a fair determination of fault, especially if they are trying to reduce the amount they owe. If you feel that the insurance company’s decision is incorrect, having our lawyer on your side can help challenge their findings and help you pursue fair damages for your personal injury claim.
The Necessity Of Legal Representation
Determining liability in a car accident is not always a simple process. Disputes can arise over fault, especially when there are multiple parties involved or disagreements about what happened. In these situations, it’s a good idea to consult with our experienced Springfield car accident lawyer at Pioletti, Pioletti, & Nichols. Our firm has helped injury victims since 1938 and our attorney is prepared to gather the evidence needed to prove liability, negotiate with insurance companies, and represent your interests in court if necessary.
Filing a personal injury claim is an important step in recovering compensation for your losses. By working with our lawyer, you increase your chances of holding the responsible party accountable for the crash and obtaining the full compensation you deserve. We are committed to fighting for your rights. Call 24/7 to schedule a confidential case evaluation. Learn your options to pursue legal action now. Don’t wait to hold the person responsible for your accident financially responsible.