Determining Fault after a Car Accident

 Posted on July 18, 2014 in Personal Injury

Various car accident cases present clear evidence for which the driver is at fault for the crash. For example, rear-end collisions generally present a clear case that the driver who struck the vehicle in front of them is at fault for the accident, since he or she failed to leave a safe driving distance between the two vehicles. However, there are exceptions to this in cases where a driver's brake lights were out or the crash was caused by a chain reaction.

In other cases, establishing fault is not so easy. It is imperative to clearly establish fault in car accident cases, since the at-fault driver may ultimately be responsible for paying for any damages suffered as a result of the accident.

Both Parties at Fault

In some cases, both parties share the responsibility of causing the accident. If it is unclear who is at fault or if it is determined that both drivers contributed to the crash, then each driver will be assigned a certain portion of fault. Illinois is a comparative fault state, which means that according to state law, a person is prohibited from recovering damages if they are found to be more than 51 percent at fault for an accident. These persons will not be successful in pursuing a lawsuit against the other driver.

Insurance companies are generally responsible for assigning portions of fault to each driver involved in a given accident. Their claims adjuster determines degrees of fault after an accident based on the circumstances surrounding the crash. While there is generally not a set formula for determining fault, an insured driver may have the opportunity to discuss the matter with the adjuster and come to some agreement about what degree he or she is at fault, if any. This is an area where an experienced car accident attorney may prove beneficial as well. An accident attorney can assess the situation based on the fact of a particular case and argue for the lowest portion of fault for their client. If no agreement can be reached regarding fault, the matter may have to be taken up in court and a judge will decide the issue.

Car Accident Attorney

Having an experienced and knowledgeable car accident and personal injury attorney on your side is beneficial in more ways than one. Not only can he or she advise you of your rights, but he or she can also take specific steps in protecting and advocating on your behalf. If you believe you have a personal injury claim as the result of being injured in a car accident, contact an experienced Cook County car accident attorney at Mevorah & Giglio Law Offices today for a consultation. Our offices are located in Lombard, Bloomingdale, and Naperville.