How To Prove Liability In Accidents With No Witnesses

car accident

Who pays for damages in an accident depends on who was at fault. But what happens in a Cook County accident if there are no witnesses? Keep reading to learn how to prove liability in an accident in this situation, then talk to our Cook County personal injury lawyers for legal assistance.

Proving Fault In An Accident

If you are hurt in an accident and someone else caused it, you must show evidence for the person or insurance company to pay for it. While witnesses are essential to prove fault in many types of accidents, it is still possible to establish the case if there were no witnesses.

If you have witnesses to the accident, this is helpful; it is usually easier to prove the other person was at fault if a neutral party backs your story. For example, if you are rear-ended in a Cook County car accident near Sears Tower, it helps if a pedestrian supports your version of events.

However, only some accidents have witnesses, so what then? If it was a car accident and no one else saw it, you can still do things to prove the accident was the other person’s fault. For example, you should pull out your cell phone and take photos and video of the accident scene. Take pictures of the vehicles’ positions on the road and any accident damage, debris, or tire marks on the pavement.

Next, the police will come to the scene and take a report. If the police report suggests that the other party caused the incident, this also could prove liability. However, the police could move damaged vehicles from the road, so taking photos is essential in this case. This is particularly true if there were no witnesses.

Working early in the case with a Cook County personal injury attorney is also essential to help you gather other evidence. For example, there could be camera footage available that you cannot access without an attorney’s assistance. This footage may support your version of events without accident witnesses.

Illinois Personal Injury Laws

An essential component of Illinois personal injury laws is the comparative negligence rule. This means you may be able to obtain compensation for your losses if you were partially liable for the accident. However, the modified comparative negligence law means that you cannot receive compensation are less than 50% responsible for the accident.

Also, obtaining evidence quickly when there are no witnesses is essential. In Illinois, you have only two years from the accident date to file a claim or lawsuit. Only by following the statute of limitations for an injury case can you obtain compensation for pain and suffering, lost earnings, and medical bills. So, promptly speak to a Cook County personal injury attorney to initiate a claim.

Contact Our Cook County Personal Injury Lawyer

If someone’s negligent actions hurt you, you may be entitled to compensation for your damages. Please speak to our Cook County personal injury lawyers at The Law Offices of Robert T. Edens, P.C., for assistance with your injury claim at (847) 395-2200.

Can a Minor Be Sued In Illinois?

Robert Edens ‘Bob’ is an award-winning Lake County motor vehicle accident attorney with over 20 years of experience fighting for victims of negligent drivers. His Antioch personal injury law firm will provide you with the legal advice you NEED to answer your questions and explain your options.

Attorney Robert Edens Auto, Motorcycle and Other Vehicle Accident Representation. The Call is Free, The Advice Might Be Priceless

lawsuitThe question of whether or not a minor can be sued does not have a straightforward answer. It is not as simple as the question “can you enforce a contract with a minor?” Which is a simple no.

Laws vary from state to state. According to the Illinois State Bar Association, the first distinction is the age of majority vs. the age of a minor. It varies for individual situations. For example, a person 18 years of age is able to vote, join the military, and enter into contracts but not purchase or consume alcohol. Additionally, a 16-year-old who has obtained a driver’s license can be held responsible for injuries or property damages if they are found to be at fault for a car accident.

However, in any case, in which a minor cannot be sued, their parent(s) or the person that is legally responsible for them can be, and often is. If you, or your minor child, have had a civil lawsuit filed against them, I highly suggest consulting an attorney. This is a gray area of the law and you need an experienced attorney to protect the rights of both the minor child and their guardian(s). Please call me for a free case evaluation today.


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An Essential Guide For the Personal Injury Victims

Award Winning Author and Attorney Bob Edens’ Book, “The Rule of 5s and How THEY Will Sabotage Your Case,” ™ is a Step-by-Step Guide for Personal Injury Victims

In The Rule of 5s and How THEY Will Sabotage Your Case,™ Bob explains the ins and outs of the injury claims process from the time of injury to the time of settlement or trial. Bob provides basic facts about:

  • The filing of the claim and negotiation from start to finish.
  • How to negotiate a settlement for injuries sustained from a wide variety of cases including all types of auto accidents, dog bite cases, pedestrian cases, etc.
  • Tips on how to deal with adjusters and avoid the pitfalls and traps they hope you fall into.
  • Tips on how to determine the value of your injuries.
  • An overview of questions and legal issues that most personal injury victims have.

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(Updated 8/26/2022)