In a car accident, sometimes it’s not completely clear who caused an accident, so you may wonder how to prove a car accident wasn’t your fault. In a two-car accident, it may seem very clearly to be one particular driver’s fault, but it may be that both drivers were at fault. When multiple cars are involved, it can be even more complex. Police reports can help document the facts of what happened at the moment of the crash, but they often don’t reveal the reasons behind causes of accidents that are unknowns, such as negligence due to distracted driving.
Illinois and Comparative Fault
In legal terms, “negligence” means fault. The person who is proven to be negligent in a car accident scenario is the one who will be held responsible for costs associated with the accident, including damage to your car, property, and any personal injuries incurred. However, in some states, if the other driver or additional drivers can be proven to be even partially at fault, that affects how the negligence is divided. In certain states, even if you are proven to be only slightly at fault, you are not allowed to seek compensation. Illinois has very particular wording about negligence, allowing a plaintiff to file a personal injury claim after an accident as long as the degree they are determined to be at fault is 49 percent or less. If the fault is 50 percent or greater, you cannot seek to recover damages. This is called “contributory fault.”
This can become complicated when both or multiple parties are determined to be at fault, because the degree to which you are at fault can affect how much compensation you are entitled to receive. Insurance company representatives work hard to absolve their customers of as much contributory fault as possible to minimize how much they will have to pay out in damages to other parties. But who represents your interests?
A Car Accident Attorney Can Help Prove a Car Accident Wasn’t Your Fault
The experience a personal injury and car accident attorney brings to these types of cases is invaluable. An experienced Illinois car accident lawyer knows how to investigate every detail of car crashes, works to disprove allegations of damages against you, and knows how to gather evidence to prove the negligence of other drivers. They are experienced in working with insurance adjustors, negotiations in obtaining settlements, and, if necessary, representing your interests in court.
The Law Office of Jeff Green works to maximize your potential settlement while simultaneously protecting your interests. We start with a free, initial consultation where we will go over the details of the accident report and advise you on the best case scenario outcome for your case. If you want to prove a car accident wasn’t your fault, contact us today to learn how we can help.