How Is Fault Determined in an Illinois Car Accident?

Determining fault is one of the most critical aspects of resolving a car accident claim in Illinois. Fault establishes who is responsible for the accident, which in turn determines who must pay for damages, such as medical bills, property repair, and other losses. Understanding how fault is determined can help you build a stronger claim and ensure you receive the compensation you deserve.

In Illinois, fault is established through evidence, witness statements, and applicable traffic laws. The state also follows a modified comparative negligence rule, which affects how fault impacts compensation.

“Fault determination isn’t just about who made a mistake—it’s about untangling a complex web of evidence, testimony, and legal standards. When fault is clear, the claims process is smoother. But when it’s disputed, having the right evidence and advocacy can make all the difference.” — John J. Malm, Naperville car accident attorney

In this blog, we explore the key factors that influence fault determination in Illinois car accidents.

The Legal Standard: Negligence

Illinois car accident claims are based on the legal concept of negligence. Negligence occurs when a driver fails to exercise reasonable care, creating an unsafe situation that causes harm to others. To prove negligence, four elements must be established:

1. Duty of Care: The at-fault driver had a legal duty to operate their vehicle safely.
2. Breach of Duty: The driver failed to meet this standard, such as by speeding, running a red light, or driving distracted.
3. Causation: The breach of duty directly caused the accident and the resulting damages.
4. Damages: The accident led to measurable losses, such as injuries, medical bills, or property damage.

Steps in Determining Fault

1. Reviewing the Police Report

In most car accidents, law enforcement will respond to the scene and create a police report, also called an Illinois Traffic Crash Report. This report is often the first piece of evidence in determining fault. Police officers document:

• The positions of the vehicles.
• Damage to the vehicles.
• Statements from drivers and witnesses.
• Any citations issued for traffic violations.

If the police cite one driver for breaking a traffic law, such as failing to yield or speeding, it strongly indicates fault.

2. Gathering Evidence

Physical and photographic evidence is critical in determining fault. Key evidence includes:

• Accident Scene Photos: Images of skid marks, debris, and vehicle damage can reveal how the collision occurred.
• Traffic Signals and Road Conditions: Evidence of malfunctioning lights, poor visibility, or hazardous road conditions can affect liability.
• Surveillance or Dashcam Footage: Video recordings can provide an unbiased account of the accident.

An experienced Illinois auto injury attorney can help gather and preserve this evidence, ensuring nothing important is overlooked.

3. Witness Testimonies

Eyewitnesses play a key role in determining fault. Witnesses can provide:

• Accounts of the drivers’ actions leading up to the crash.
• Observations of speeding, weaving, or other reckless behavior.
• Independent perspectives that may corroborate or refute each driver’s claims.

Statements from neutral third parties often carry significant weight with insurance companies and courts.

4. Applicable Traffic Laws

Illinois traffic laws provide the framework for determining fault. Common violations that lead to fault include:

• Failure to Yield: Not yielding at stop signs, crosswalks, or during left turns.
• Distracted Driving: Using a cellphone or engaging in other distractions while driving.
• Speeding or Reckless Driving: Exceeding speed limits or driving aggressively.
• Driving Under the Influence: Operating a vehicle under the influence of alcohol or drugs.

If a driver violated a traffic law and caused an accident, they are likely to be found at fault.

The Role of Comparative Negligence in Illinois

Illinois follows a modified comparative negligence rule. This means that:

• You can recover damages as long as you are less than 50% at fault for the accident.
• If you are partially at fault, your compensation will be reduced by your percentage of fault.

Example of Comparative Negligence:

If you are awarded $100,000 in damages but are found to be 20% at fault, your compensation will be reduced to $80,000. However, if you are 50% or more at fault, you cannot recover any damages.

This rule makes it critical to minimize your assigned fault through strong evidence and legal representation.

Disputed Fault: When Liability Isn’t Clear

In some cases, fault is disputed, and both parties may blame each other. This often happens in situations like:

• Rear-end collisions, where the leading driver may be accused of braking suddenly.
• Intersection accidents, where drivers claim the other ran a red light.
• Multi-car pileups, where several parties may share responsibility.

How to Handle Disputed Fault

If fault is disputed, having an experienced Illinois car crash attorney is crucial. Your attorney will:

• Investigate the accident thoroughly to uncover evidence.
• Consult experts, such as accident reconstruction specialists.
• Challenge any unfounded claims made by the other party or their insurer.

“Fault disputes can turn even a simple accident into a legal battle. By gathering strong evidence and presenting a clear case, we work to ensure that our clients are treated fairly and that liability is assigned accurately.” — John J. Malm, Naperville car accident attorney

Fault in Special Situations

1.Multi-Vehicle Accidents:In multi-car collisions, fault can be shared among multiple drivers. Illinois law allows fault to be divided among all parties, which affects how damages are awarded.

2. Pedestrian Accidents:In accidents involving pedestrians, drivers are often presumed to hold more responsibility, especially if they were speeding, distracted, or failed to yield. However, pedestrians can also be found partially at fault if they jaywalked or ignored traffic signals.

3. Commercial Vehicle Accidents:When a commercial vehicle is involved, the company employing the driver may share liability. Fault may depend on whether the driver was following company policies or violating safety regulations.

How an Illinois Injury Attorney Helps Determine Fault

Determining fault can be a complex process, especially when evidence is unclear or liability is disputed. An experienced attorney can:

• Investigate the accident thoroughly, collecting all relevant evidence.
• Consult with experts to reconstruct the accident or assess damages.
• Negotiate with insurance companies to ensure fault is assigned fairly.
• Advocate for your rights if the case goes to court.

“Fault determination is the foundation of a car accident case. Our job is to ensure that the evidence speaks for itself and that our clients aren’t unfairly blamed for accidents caused by others’ negligence.” — John J. Malm, Naperville personal injury attorney

Closing Thoughts

Fault determination is a critical step in any car accident claim, as it directly impacts your ability to recover compensation. By understanding how fault is established in Illinois and working with an experienced auto injury attorney, you can build a strong case and protect your rights.

At John J. Malm & Associates, with offices in Naperville and St. Charles, we bring over 90 years of collective litigation experience to every case. We’re here to help you navigate the complexities of fault determination, comparative negligence law in Illinois, and fight for the compensation you deserve.

If you’ve been involved in a car accident and need assistance proving fault, contact us today for a free consultation. Let our top-rated Illinois car accident lawyers guide you through the process and advocate for your best interests.