Proving Fault In Car Accidents

It is important to prove who is at fault, or negligent, in any type of car accident, whether it be car, truck, motorcycle, or pedestrian. It may have seemed obvious at the time of the accident who was negligent, but insurance companies will want to be especially sure before they pay out any type of claim.

If you have been involved in a car accident, there are a number of ways you can prove fault and strengthen your case.

Police Reports

A police report is probably the most important piece of evidence you can get to prove fault in a car accident. If the police respond to an accident, they will file a report, which you are entitled to once the report has been filed. If the police do not respond to an accident, you can report it to the police station, where they may conduct in investigation. Ask the responding officer or contact the traffic division of the local precinct to find out how you can get a copy of any report that is made regarding your accident.

A police report can be very detailed and include a complete investigation, witness testimony, traffic laws broken, and any citations that were issued, or it can be a general opinion by the officer as to what occurred. Regardless as to how specific the report is, it can go a long way to proving negligent behavior.

Vehicle Code

Each state has a list of the rules of the road that are called the Vehicle Code. These rules are available at every DMV office and law library, as well as most community libraries and online.

The index of the vehicle code will have listings of all the different statutes that could apply to any car accident. Once you find the listing(s) that could apply to your accident, make sure to copy down the wording and statute number exactly. Law librarians can help if you have trouble finding what you’re looking for or you can contact an experienced personal injury lawyer at Agruss Law Firm. We are experienced in the Illinois Vehicle Code and can determine which code or codes may be the most useful for your case.

No-Doubt Liability

There are certain types of accidents where the other driver is at fault approximately 99% of the time. These types of accidents are considered “no-doubt” liability accidents and they will rarely argue over them.

These no-doubt accidents include:

  • Rear-End Accidents: All drivers are to maintain a safety zone between themselves and the car in front of them to ensure ample stopping time and distance. When a rear-end accident occurs, insurance companies assume the rear driver wasn’t driving as safely as they should have been. However, the driver who rear-ended your car may have a claim against a third-party that caused the crash, but that does not affect the responsibility they have for hitting your car.

It is also important to remember that if you were somehow at fault, comparative negligence can come into play and reduce the compensation you’re entitled to. For example, if you are changing a tire in the roadway or your brake light or lights are out, you may be partially responsible for the collision.

  • Left-Turn Accidents: Left-turn accidents are almost always the fault of the driver making the left turn, as drivers moving straight through an intersection have the right-of-way. However, just like rear-end accidents, there are exceptions, including:
    • The driver going straight runs a red light.
    • The driver going straight is speeding.
    • The car turning left was safe to turn but then something unexpected occurs. (Note: This is very difficult to prove.)

Contact an Attorney

Nobody wants to be in an accident, even a minor one. And even minor accidents can have serious injuries.

If you or a loved one has been injured in an auto accident due to another driver’s negligence, contact Agruss Law Firm, LLC for a free consultation. Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people and not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, Agruss Law Firm, LLC is not paid attorneys' fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us - only the opportunity to seek justice.

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