Proving Fault For A Car Accident

Regardless of what type of accident happens there is a need to determine who was at fault or negligent. In many cases pure common sense will tell you who the “at fault’ party is but even when this is the case you probably will not know what rules or laws were violated. When you or your Chicago car accident lawyer make a claim to the other persons insurance company the claim can be strengthened considerably when it is backed up or supported by official documentation. You should be looking for this support from a number of places.

Police report: Unless the accident is little more than a “fender bender” there will be police called to the scene, this is particularly true if someone in either vehicle was injured and needs medical care. The officer at the scene will make a report which gives all the pertinent details; you must get a copy of this report for your use.

At times the police report will include the attending officer’s opinion as to who was at fault and what traffic law was violated. The report may include a statement that the officer issued a citation. At other times the accident report may include little more than a notation of negligent behavior without making any specific reference to what caused the accident.

Regardless of what the police report contains, any mention that the other person violated a traffic law or was driving carelessly can be very supportive of your claim that it was the fault of the other driver.

Traffic laws: Your Chicago car accident lawyer will be very familiar with the laws that govern driving; these laws are known as the “vehicle code.” Included in the state vehicle code are the laws that pertain to speed limits, the right of way, roadway markings etc. Your lawyer will state the law when he or she is negotiating a settlement with the insurance company.

When there is no doubt: There are certain accidents where the other driver is at fault almost one hundred percent of the time. Although this may be the cases, insurance companies may still argue or offer a settlement far less than what it should be. A good example of this is a rear-end collision. It makes no difference why you stopped; it is the responsibility of the driver behind you to be in a position to bring his car to a safe stop when traffic ahead is stopped. A similar example is a left turn accident; the driver making the turn is almost always at fault unless the car proceeding straight through was speeding or ran a red light.

If you have been involved in a car accident through no fault of your own your you will want to hire a Chicago car accident lawyer to ensure that you receive the compensation your deserve. You are invited to contact the Shea Law group for a free case consultation.

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