How is Fault Determined in Car Accidents?

 Posted on July 07, 2017 in Car Accidents

Recovering money damages for your injuries from a car accident requires you to prove several facts. Some people think that just being hurt in a car accident means that they have a successful lawsuit in their possession, but this could not be further from the truth.

There Are Many Complications that Could Arise in Your Car Wreck Lawsuit

Few car accident cases, especially where there is a large amount of damages at stake, are cut and dry. Most of these accidents have facts that could be damaging to your ability to recover. It is the job of your attorney to assess these weaknesses and determine possible defenses.

Fault Must Be Proven and Can Be Detrimental to Your Claim

Before any discussion of injuries and medical bills can take place, an accident victim must prove fault. This is commonly an issue in car accident cases: both parties will disclaim that they caused the accident, alleging that the other party was at fault.

One way to prove fault is if a party broke a traffic law and that failure to adhere to the law led to the accident. Failure to follow the law is considered very a strong evidence of fault; however, this assessment must typically be made by a professional like a lawyer of insurance adjustor.

This clear cut rule can be difficult to apply. There are times where it may not be clear if a party was breaking a law. In this case, there may need to be experts to testify as to which driver was breaking the law and was consequently at fault.

Another difficult situation is when both drivers were found to have broken the law. In these cases, there are several avenues a lawyer can pursue. First, it may be the case that your law breaking did not lead or contribute to the accident.

For example, if your back brake lights were out, but the accident involved a front-end collision, your failure to follow the brake light law could not be said to have caused the accident.

Also, if both drivers have broken traffic laws, you could argue that the other driver’s acts caused more property and bodily injury. This is another situation where an expert in accident reconstruction and injury can be enormously beneficial.

Contact a Wheaton, IL Car Crash Lawyer

Every car wreck case is different, and complications can arise months after the accident occurs. To learn what an attorney thinks about your case, call the knowledgeable DuPage County car accident attorney at the Law Offices of David W. Clark, P.C. at 630-665-5678.

Source:

https://www.illinoislegalaid.org/legal-information/auto-accidents-lawyer-manual