How to Prove Fault for a Car Accident in Chicago

Published on: 05/20/23 — In 

Illinois follows a modified comparative fault system for traffic laws regarding car accidents. The courts assign each party involved in the accident blame. Compensation is awarded proportionally to each person's share of the fault. If one driver is deemed more responsible, they will pay a higher percentage of the damages.

Evidence such as photos, witness statements, and police reports help make this determination. The other driver's insurance company would cover the remaining percentage of the damages.

Consulting with an experienced personal injury attorney from Ktenas Injury Lawyers or an investigator after an auto accident can help determine the at-fault driver. After gathering evidence, an insurance claim settlement can be negotiated with the other driver's insurance company. Document all communication with the insurance company in case further action is necessary.

Chris Ktenas and the team at Ktenas Injury Attorneys

Determining responsibility in a car accident can be intricate, especially in left-turn car accidents, but it is crucial to the claims procedure and our experienced auto accident attorneys are available to aid in this procedure. Call 312-300-2515 to schedule a free consultation.

Ways You Can Prove Fault After a Car Accident

The process for proving fault in a motor vehicle accident case typically involves gathering powerful evidence, interviewing witnesses, and consulting with experts. Depending on the severity of the accident, local law enforcement may be involved in the investigation.

Collecting different kinds of evidence is crucial in determining the negligent party in a car accident. For accident victims, this may involve taking photos of the scene, documenting evidence of vehicle damage, analyzing skid marks and tire tracks, and gathering statements from witnesses and from bystanders who observed the incident.

Learn More: What to Do After a Car Accident

Expert witnesses, such as professional engineers or accident reconstruction experts, may also be called upon to provide an unbiased opinion about what happened and proof of negligence. Their opinion can help establish the liability of the negligent driver in court.

Record your findings in a document that you can use as a reference for any future questions you may have about filing a car accident claim for fair compensation or determining who is at fault.

Once you have gathered all of the accident claim evidence, consult with an experienced car accident lawyer or investigator to evaluate your case. Consider seeking the advice of an experienced Chicago personal injury lawyer who focuses on car accident cases, such as our law firm, to ensure the selection of a reputable representative.

Get a Copy of the Police Accident Report

When it comes to proving fault in a car accident, the first step is to acquire a copy of the police report. This incident report will provide valuable information about the facts of the accident, such as who was at fault for causing it. The police report also contains witness statements and other important evidence such as traffic violations.

Additionally, anyone involved in the accident should take photographs of the scene including roadway markings and any accident damage that has occurred. These photos can be used to prove accident fault in court, should the case go to trial.

a man holding his neck after a car accident, prove fault for a car accident

The next step is to contact an experienced attorney from Ktenas Injury Lawyers and discuss your case. The accident attorney will review the evidence and determine if you have a valid claim for maximum compensation for damages.

Take Photos and Videos After the Accident

In proving evidence of fault for a car accident, visual media, such as photographs and videos captured on location with evidence of damage and the injured party, can be of great assistance.

These images can provide evidence of the exact moment and circumstances of the accident, which is often difficult to do without physical evidence that may have been altered or destroyed after the incident.

Photographs should include images taken from all angles at the scene of the accident, as well as close-up shots of any damage to the vehicles or property involved. Videos should also be taken from multiple angles even on major roadways, if possible.

If you are unable to take photographs or videos of the accident scene, consider asking witnesses or other parties that may have captured media on their own devices to share the content with you.

Get Witness Statements

Witness statements can be a powerful tool to prove the percentage of blame in a car accident. When two drivers disagree about who is at fault for an accident, having witness statements from outside parties can provide an impartial perspective of what occurred.

A witness statement should include the name and contact information of the person making the statement, as well as any relevant details they observed during the crash. A good witness statement should also include the time of day and any other pertinent details that may help prove fault in a car accident.

Traffic Camera Footage

Traffic camera footage can be a powerful tool for proving fault in a car accident. It can provide concrete evidence of what happened during an accident, such as the speed and direction of the vehicles involved. The footage can also show whether either driver was distracted or negligent in some way, such as talking on a phone or not following the rules of the road.

When trying to prove fault in a car accident, it is important to have as much evidence as possible. Consulting with an experienced attorney from Ktenas Injury Lawyers is the best way to ensure you can find the necessary evidence and build a strong case that can help you receive the compensation you deserve.

Other Evidence From the Accident Scene

Evidence from the accident scene can be an important factor when trying to prove fault in a car accident. By documenting the scene, collecting witness statements and photos, and investigating physical evidence such as skid marks or debris, you may be able to determine who was at fault for the accident.

a girl documenting damages after a car accident

Following an accident, it is crucially important that the scene is documented. This can be done by taking photos of the vehicles involved, the surrounding area, and any visible damage. It is also advisable that witness statements are obtained from anyone who may have witnessed the incident.

If you are unsure if the evidence is available at the scene, contact a lawyer from Ktenas Injury Lawyers as soon as possible. They can often provide valuable insight on how to best collect evidence that may be essential for

After a car accident, having a skilled attorney is vital. They can gather evidence, interview witnesses, and hire experts to help your case. An experienced lawyer navigates car accident cases and their complex scenarios, including insurance issues and holding drivers accountable for their negligence. They handle all aspects of your case, including gathering records and providing advice.

An accident attorney can negotiate fair settlements and take your case to court if necessary. They fight for compensation for your losses, such as medical bills and lost wages. It's crucial to get legal representation soon after an accident.

Our law firm is here to help, contact us today to get started.