After a car accident caused by a negligent driver, you will have the burden of proving fault. It will be beneficial for you to be able to find official support for your claim. Dealing with insurance companies after an accident can be complicated and frustrating, so the more official proof you have, the smoother the process can go.
One place to start is with the police report of your accident. Police may come to the scene of your car accident, particularly if there was an injury. In the report, the officer may state his or her opinion that traffic laws were violated, leading to the accident. The report may also contain information about any traffic citations given following the accident. Even if the report isn't specific, any facts it contains can greatly support your claim that the other driver was at fault for your accident.
Additionally, you should find out if any state traffic laws, such as right of way or speed limits, were broken and caused the accident. A personal injury attorney can be greatly beneficial here. Your lawyer can investigate the scene of the accident, hire an accident reconstructionist if necessary and conduct witness interviews in order to give credit to your claim. Your attorney can also accurately cite statutes in the Illinois vehicle code in order to give examples of laws broken in the case of your accident.
In some cases, there may be more than one person liable for you accident. For example, if a negligent person causes an accident while working, the employer may also be legally responsible for the accident. If an accident is caused on property that is poorly built or maintained, the property owner may be liable for being careless in maintaining the property. Additionally, if an accident is caused by a defective product, such as faulty brakes, the manufacturer and seller of the product can both be liable for damages.
These are only a few examples of how to prove fault in a car accident claim. After a car accident, it is important to ensure your rights are protected against insurance companies. For help with making personal injury claims, contact the experienced car accident attorneys from Nemeroff Law Offices at 312-629-8800.