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How Is Fault Determined in Illinois Car Accidents?

Posted on in Car Accidents

IL crash attorneyOne of the great dangers that plague today’s world for a majority of Americans is car crashes. The latest data from the National Highway Traffic Safety Administration (NHTSA) states that the leading cause of death in 2016 for children who were 10 and 11 years old and young adults ages 16 to 22 was motor vehicle crashes. Nearly 7.3 million police-reported traffic accidents occurred in 2016, injuring more than 3 million people and killing nearly 37,500 people. Getting into any car accident is a serious matter, even if nobody was hurt. Apportioning fault is a big part of ensuring you get the compensation you deserve from any damages to your vehicle or injuries you sustain from a car accident. But how is fault determined in these cases?

Violation of a Traffic Law

One of the easiest ways to determine who is at fault for a car accident is whether or not either party violated a traffic law. Every person on the road has a duty to follow all traffic laws and to refrain from actions that endanger others on the road. If it can be proven that one party violated a traffic law and that violation led to the collision, that party may be held liable for the damages from the accident.

Type of Collision

The next thing that your attorney, insurance agent, judge and any other person involved in making the decision as to who is at fault will look at is the type of collision that occurred. Certain types of collisions can make it easy to see who was at fault for the collision. For example, a rather common type of collision is a rear-end collision. Most people would agree that the person who hit the car in front of them is mostly responsible for the accident, rather than the driver who was hit.

Information from the Police Report

Some of the most important information from your car accident will be contained in the police report of the accident. You should always be sure to obtain a copy of the police report for your own records, but you should also furnish a copy to your attorney and your insurance agent. The police report will contain information such as how the accident happened, the type of collision that occurred, whether or not there were tickets issued because of any traffic violations and witness testimonies of the events of the accident.

Do You Have Questions About Your Case? Contact a Des Plaines, IL Car Accident Attorney for More Information

Getting into a car accident can be a scary situation for anyone. If you have sustained injuries from a car accident, you may be worried about medical bills, lost wages or even whether or not you will ever be the same again. At the Quinn Law Group, LLC, we understand how difficult it can be to deal with the aftermath of a serious car accident. Our compassionate team of Park Ridge, IL car accident lawyers are here to help you get the compensation you deserve. To schedule a free consultation, call our office today at 847-232-7180.

 

Sources:

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812580

https://www.esurance.com/info/car/how-fault-is-determined-after-a-car-accident

http://www.automobile.com/how-is-fault-determined.html

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