How to Prove Negligence for an Auto Accident Claim in Illinois

The Illinois Vehicle Code protects individuals who are injured because of a driver’s negligence. Whether you were injured after getting struck by a speeding car or getting into a fender-bender when a driver rammed into your vehicle while texting, you have grounds for a negligence auto accident claim.

Proving Negligence Post Accident

Of course, you cannot prove the other driver was negligent without evidence and the help of an experienced attorney. A skilled attorney can use the following methods to ensure your best interests are not violated during the case:

By Proving the Driver Committed a Crime – It may sound ironic, but a conviction does not mean the other driver knowingly committed a crime. You will have to prove the defendant broke the law unreasonably, which lead to your injuries.

By Proving the Driver Acted Unreasonably – If you can prove the driver would have acted differently in another similar incident, you may be able to prove he/she acted in an uncustomary way during the accident. In other words, you can prove the accident was their fault because the other driver willingly acted unreasonably.

By Using Testimonies from Eyewitnesses – If someone witnessed the accident at the scene, you can use their testimony to strengthen your claim. It will give the jury and the judge a clear idea of what happened from the perspective of a neutral third party. Your attorney can also use the witness’ perspective to prove how the driver’s behavior was unreasonable.

By Using Expert Testimony – The best way to prove the other driver was negligent and displayed unreasonable behavior is through an expert’s testimony. This individual is qualified to determine what constitutes unreasonable and reasonable behavior standards and how the defendant’s actions differed from the latter.

Modified Comparative Negligence

An auto accident negligence case can backfire if the accident was partially the plaintiff’s fault, which is called modified comparative negligence and it holds that the plaintiff cannot get compensation if their degree of fault is more than 50 percent. If they do receive compensation, it will be reduced according to the degree of fault they hold for the accident.

You can file a lawsuit against the driver who caused your accident whether they were texting, shaving, talking on the phone, or just not paying attention while they were driving. However, proving these actions caused your accident can be a challenge if you don’t know what to look for in terms of evidence.

This is where an experienced auto accident attorney from the Law Offices of Robert T. Edens can help. Besides reviewing your case, they will thoroughly go through your medical records, police reports and medical bills before determining the amount you deserve to be compensated for. This includes a detailed analysis of your injuries, the medical tests you had performed and how your injuries prevent you from making a living or cause you emotional distress. We represent clients in Chicago, Waukegan, Libertyville, Woodstock and Antioch, IL, so get in touch with us for a consultation today.