How Do I Prove the Other Driver Was at Fault?

If you’ve been injured in a car accident in Chicago, seeking compensation for your injuries will most likely involve proving that the other driver was at fault. You’ll need proof of fault when dealing with the other driver’s insurance company. If you can’t prove fault, the driver’s insurance company isn’t going to pay.

So, how do you prove that the other driver (or the driver’s insurance company) deserves to be held financially accountable?

Proving the Other Driver was at Fault in Your Car Accident 

Proving that the other driver was at fault in your car accident starts with collecting as much evidence as possible. This can involve gathering evidence from various sources, and some evidence may need to be gathered quickly before it disappears. Once you have the evidence you need, then the next step is to use this evidence to establish your right to compensation under Illinois law. 

Collecting as Much Evidence as Possible 

Evidence of fault in a car accident can take many different forms. Ultimately, the specific types of evidence you need to prove that the other driver was at fault in your car accident will depend on the specific cause of the accident and the specific circumstances involved. 

With this in mind, some examples of the types of evidence that might be available to prove the other driver was at fault include:

• Forensic Evidence at the Accident Scene – Forensic evidence can include tire marks, vehicle debris, damaged guardrails, damaged traffic signs and traffic signal posts, and other physical evidence from the crash site. Since this evidence can disappear, it is important to send an investigator to the scene of the accident as soon as possible. 
• The Police Report – Police reports are not always admissible as evidence of civil liability in Illinois car accident cases. However, even if it isn’t admissible, the police report from your car accident could still contain key information that could lead to other evidence you can use to prove your legal rights. Regardless, you may still be able to use the police report when dealing with the other driver’s insurance company. 
• Video Footage of the Accident – If your car accident was captured by a traffic camera, security camera, cell phone camera, or dash cam, the footage could clearly show that the other driver was at fault. Your lawyer will be able to seek to obtain any available video footage through formal legal means if necessary. 
• Photos from the Accident Scene – Along with video footage of the accident itself, photos of the aftermath of the accident can serve as proof of fault as well. If you took photos with your phone, you should keep these to share with your lawyer. Your lawyer may be able to obtain photos from witnesses or from social media posts as well. 
• Eye Witness Statements or Testimony – Along with seeking to obtain photos from any witnesses, your lawyer can also seek to obtain sworn statements or testimony from anyone who saw what happened. Eye witness statements and testimony can be strong evidence in support of car accident victims’ claims for financial compensation. 
• Cell Phone Records, Receipts, or Other Documents – If the other driver was distracted or drunk, his or her cell phone records or receipts could help prove it. Various other forms of documentation could potentially serve as evidence of liability as well. 
• The Other Driver’s Statements – Finally, if the other driver admitted to being at fault—whether to you, to the police, or on social media—your lawyer may be able to use the driver’s statements as evidence as well. If necessary, your lawyer may also be able to seek to take the other driver’s testimony under oath. 

Again, these are just examples. Evidence of fault in car accident cases can take many other forms as well. As long as you contact a lawyer in time, your lawyer will be able to determine what evidence is available. 

Using the Evidence to Establish Your Legal Rights 

After gathering as much evidence as possible, the next step is to use the available evidence to establish your legal rights. As discussed above, this most often involves dealing with the other driver’s insurance company. By assembling the available evidence and demonstrating how it proves that the other driver was legally at fault under Illinois law, your lawyer can help maximize your chances of obtaining a favorable settlement without the need to go to court. 

Discuss Your Case with a Chicago Car Accident Lawyer for FREE

Do you need to know more about proving the other driver was at fault? If so, we encourage you to contact us promptly.

Contact the Chicago car accident lawyers at Coplan + Crane today online or at (312) 982-0588 for a FREE case evaluation. We help clients across Illinois, including Chicago, Oak Park, Rockford, and other areas. We handle premises liability cases on a contingency basis, which means you don’t pay unless we win.