According to the most recent data available from the Illinois Department of Transportation (IDOT), there were 298,347 reported car crashes in 2022, with 20% of them resulting in an injury. We trust our fellow drivers to obey the rules of the road, but nevertheless collisions happen every single day. But what happens if you are the one at fault? Should you contact a lawyer?
Depending on the severity of the crash, legal and financial consequences may be on the horizon. So here I’ll answer all of these questions and more.
Determining Fault in Car Accidents in Illinois
Some states have no-fault laws under which your own car insurance will pay for minor damages, regardless of who is at fault. Illinois is NOT one of these states, meaning that the at-fault party is responsible for paying out resulting damages.
What Illinois does have, however, is a comparative fault system. This means that fault is determined through percentages, but you cannot recover damages unless you are 50% or less at fault for the accident. For example, if you are seeking $10,000 in damages, but are found to be 40% at fault for the incident, you will only be entitled to a maximum of 60% of the damages you seek — in this case, $6,000. But if you’re found to be 51% at fault, you are not entitled to recover any damages.
How Fault is Proven in Illinois
Fault is mainly determined by evidence such as:
- Police reports
- Witness testimony
- Photos and videos of the incident, scene, or damage
- Traffic violations
- Driver sobriety
- Road conditions
A jury will take all of the evidence into account and assign fault percentages to each party involved.
Should You Get a Lawyer if the Car Accident Was Your Fault?
The short answer is yes. A skilled attorney will collect and analyze all of the evidence at your disposal and can gauge whether or not you have a case. Even if you believe you are at fault for the accident in the heat of the moment, there may be other factors at work that you didn’t know about or consider. For instance, the other driver may have been distracted or intoxicated and may be found to be significantly at fault; or maybe an unseen mechanical error was to blame.
On the other hand, even if you are found to have the majority of fault, you’ll want an attorney on your side if the plaintiff decides to file a personal injury lawsuit. Regardless of which side of the coin you find yourself, it’s always smart to have legal representation and to exercise your rights.
Call Brian Lewis to Find Out if You Have a Case
Brian Lewis has spent his 25-year career helping those affected by negligence seek justice. As a seasoned personal injury attorney, he’s recovered hundreds of millions of dollars in damages for those involved in car, truck, bus, and motorcycle accidents in addition to medical malpractice, wrongful death, and more.
If you’ve been involved in a traffic collision and aren’t sure where to start, start by scheduling a free consultation with Brian today.
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