How Courts Determine Who Is at Fault in a Car Accident

If you’ve recently been involved in a car accident, you may need to have a court determine who was at fault. Determining who is at fault in a car accident is simple if you get hit at a stoplight. However, some cases are complicated and may involve multiple drivers and insurance companies.



Most states, including Illinois, use the traditional at-fault system, which holds the negligent driver responsible for personal injuries and damages. Others use a no-fault system where the insurance companies indemnify whoever is at fault.

Chicago courts use various pieces of evidence to determine at-fault drivers. In some cases, each driver receives a portion of fault, which insurance adjusters use to establish how much the carrier will pay to cover damages and injuries. 

Here are three ways courts in Chicago, IL, determine who is at fault in a car accident.

1. Evidence from Your Lawyer

You can settle accident claims out of court. However, if the case goes to trial, your lawyer will need the best evidence to prove your innocence. Going to trial means the defendant is confident the case may tip in their favor.

Even if the defendant chooses to settle, you must provide evidence of the damages and bills. The car accident attorney will help you determine damages you can successfully claim.

Evidence can be anything from surveillance camera footage to eyewitness and expert witness statements, medical bills and receipts, and statements from the police and licensed physicians. Your lawyer will identify the best proof for the case.

Insurance companies will also provide an adjuster to help in the investigation and provide a report. The court's decision is to determine if the accused driver was negligent. If no fault is found, the case will be dismissed, and the defendant driver may choose to sue you instead.

2. Evidence from Police Reports 

Police reports are other sources of evidence used to shed light on who's at fault in a car accident. However, courts don't take police statements as an accurate account of what happened. Police departments mainly investigate what happened. 

The officials will take pictures of the accident scene and interview witnesses and those involved. They will then provide an official statement based on their investigation. Determining fault isn't an interest of the police department, although their statements are helpful in trial.

Your lawyer may request police reports to find information supporting your case. However, such statements aren't essential if the opposing driver chooses to settle out of court. You only need them as complementary evidence.

3. Evidence from Witness Statements

Witness statements are vital in determining fault. There are two types of witnesses the court uses; eyewitnesses and expert witnesses. An eyewitness, or lay witness, is anyone at the scene of the accident.

The lay witness shouldn't be one of those involved in the crash, although courts will also take accounts from everyone in the crashed cars. Eyewitnesses provide independent statements of what happened, but courts won't use such statements as absolute facts.

On the other hand, an expert witness is a hired professional with considerable skill and experience in a particular field. They can help reconstruct the scene of the accident and provide insight into what transpired. 

If you are in an accident, you should contact a car accident attorney as soon as possible. Involving a lawyer will give you peace of mind and ease the burden of filing a claim, allowing you to focus on recovery.

Lawyers are also there to protect you from compromising yourself. They will handle speaking to the defendant's insurance and attorneys and represent you in court if necessary.

Contact Illinois Insurance Center today to learn more about auto insurance and how to protect yourself and your assets.