How to Determine Who Is at Fault in an Accident

 Posted on December 00, 0000 in Accident Liability

In some cases, deciding fault in a car accident is an open and shut case. If you were rear-ended or had the right of way, fault is easy to assign.

But what if fault is not so clear cut? In these cases, a car accident lawyer can help and can make your best case.

How Fault Is Determined Under the Law

The law of negligence decides who is at fault for a car accident. The central question in deciding who is negligent - and thus who is at fault - is deciding if the driver was acting reasonably.

If there is evidence that the other driver was breaking the law at the time of the accident, that is strong evidence that he or she was at fault. These days texting and driving causes many accidents. A lawyer could be able to subpoena the phone records of the other driver. If it is proven that the driver was breaking the law at the time of the accident, your case will likely be resolved in your favor.

Our firm does not just stop with investigating other drivers. We also look at defects in the roadways and signage as well as defects in car design or car parts.

How to Prove Fault at Trial

One of the benefits of retaining a lawyer is that he or she has a team of experts ready to examine your case and testify as to which driver was at fault.

Traffic accident experts will decide fault based on:

• Traffic and safety laws;
• The location of damage to the vehicles;
• The driving conditions at the time of the crash;
• Damage at accident scene, such as skid marks;
• The type of roadway the accident happened on; and
• Obstructions at the scene, such as buildings or greenery.

These experts will reconstruct the accident and determine what each driver was doing in the moments leading up to the crash. The expert’s report is vital to settlement talks. Based on the report, a case may settle.

In addition, an expert will likely be needed at trial. Often, insurance companies have their own experts, so accident victims may also need to present an accident reconstruction witness.

Contact a Lake County Car Accident Lawyer

Contacting a lawyer does not mean that you have to bring a lawsuit. Many people are adverse to lawsuits because of the time involved. Where possible, our firm seeks a quick resolution of cases.

However, our attorney will never advise a client to accept an insurance settlement that is too low. In these cases, going to trial may be the only way to get the compensation you deserve.

To speak with a skilled Lake County auto collision attorney at Salvi & Maher L.L.C., call 847-662-3303. We will review your case and share an assessment with you.

Source:

http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K12-610.2