How is Liability for an Accident Determined When Both Drivers Deny Fault?

 Posted on January 24, 2023 in Car Accidents

Car crashes can lead to expensive property damage as well as painful, potentially life-changing injuries. Severe motor vehicle accidents may be caused by anything from drunk driving to inattention.

To recover compensation for the vehicle damage, medical bills, lost income, and other damages caused in a crash, the injured individual will need to prove the other driver was at fault for causing the accident. In some cases, liability is relatively straightforward. For example, if an intoxicated driver ran a red light and collided with a driver who was following the letter of the law, the party who ran the red light will almost certainly be considered legally responsible for the crash. However, there are many situations in which liability is not immediately known.

If you are currently involved in a "he-said, she-said" situation in which both drivers blame each other for the crash, you need to know your rights and options under Illinois law.

Crash Investigations and Evidence of Liability

To win an injury claim and recover financial compensation for damages, the claimant must demonstrate that the defendant was negligent, this negligence led to the crash, and that damages resulted from the crash.

Evidence that used to prove that a driver acted negligently may include:

• Dash camera footage or traffic camera footage

• Photographs of the crash scene

• Crash data recorders

• Debris and other physical evidence at the crash site

• The damage caused to both vehicles

• Cell phone records

• The police report

Statements from people who witnessed the accident may also be crucial forms of evidence. Individuals who watch the accident occur may be willing to provide statements that one driver was driving negligently, or they may be able to refute other drivers' claims of fault.

In complex auto accident injury cases, accident reconstruction may be used to fully understand how and why the accident took place. Accident reconstruction experts use principles of physics, mathematics, and engineering to analyze an accident and understand what took place. They then "reconstruct" the accident using computer models and diagrams. An accident reconstructionist may be called upon to provide expert testimony in a personal injury case.

Contact a Waukegan Car Crash Injury Lawyer

The process of gathering evidence and preserving evidence is not simple, especially when you are still recovering from painful injuries. Let the skilled Lake County car crash lawyers at Salvi & Maher, L.L.C., handle the accident investigation for you so you can focus on recovering.

You may be entitled to financial reimbursement for your past and future medical expenses related to the crash, vehicle repair or replacement, pain and suffering, and more.

Call 847-662-3303 for a free initial consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-401