Last Updated: February 22, 2018
Determining Fault After a Chicago Car Accident
Fault is one of the most critical elements in any car accident. In the event of a car accident, the negligent party who caused the accident must typically pay for the damages of the other party. There are numerous factors relevant to a determination of fault and investigations should immediately ensue to uncover evidence that points to the fault of one or both parties. Even with thorough investigations, fault is not always easy to determine, especially when there may be shared fault for the collision.
The Chicago car accident attorneys at Stein & Shulman, LLC have assisted clients injured in even the most complicated of car accidents. Our firm has over 45 years of combined legal experience which we will bring to your car accident case. We help our injured clients to obtain the compensation they need to cover their medical expenses, lost wages, pain and suffering, and more.
Modified Comparative Negligence in Illinois
Illinois has adopted a doctrine of modified comparative negligence. Under Illinois law, an injured accident victim may recover damages if he or she is less than 50 percent at fault for the crash. However, recovered damages may be reduced by the proportion of fault of each party.
Determining Fault After an Accident in Chicago, Illinois
Swift investigations by the police, insurance adjuster, and your car accident attorney will commence after your car accident. The actions of each of the drivers in the crash will be closely examined. Some pieces of evidence that can help to determine fault include:
- The police report: The police report will be the first official report as to what caused the accident. You should notify police immediately of the crash so they will generate an accurate report.
- Witness statements: Witnesses may provide crucial testimony that can help to determine the issue of fault for the accident.
- Photographic and video evidence: Photos or videos of the crash and the accident scene can help demonstrate fault in a car accident.
- Expert testimony: A scientific expert may be able to testify as to the cause of the accident after a thorough review of all evidence.
Contact a car accident attorney as soon as possible after the crash to protect your legal rights. Your attorney will advocate on your behalf on the issue of fault and damages.
Put Our Over 45 Years of Combined Legal Experience to Work on Your Case!
If you have been injured in a car accident, contact the Chicago Car Accident Attorneys at Stein & Shulman, LLC. Our firm has handled all manner of personal injury cases, including complex car accidents. We have achieved over 40 million in settlements and verdicts for our valued clients. Our dedicated attorneys fight to see that our injured clients receive the full compensation to which they are entitled in a personal injury lawsuit. Contact us today for a free consultation with one of our experienced car accident lawyers at (312) 422-0500 or by filling out a free contact form online.