How Is Fault Determined in a Car Accident?


At Woodruff Johnson & Evans Law Offices, we have handled countless car accident cases for clients throughout Chicago. One of the first questions we are usually asked when a new client coms to us is, “How will you be able to prove who was at fault for the accident?” As experienced accident attorneys, we are familiar with the legal strategies that produce the best outcomes for our clients, which is why we want to explain how fault is determined in a car accident.

Traffic Law Violations

 It is easy to assign blame for a car accident when one of the drivers has clearly violated traffic laws. If a driver commits the following traffic violations and causes an accident, they can be found at fault:

  • Speeding
  • Failure to yield
  • Running a stop sign

If you were involved in an accident involving a traffic law violation, you should immediately get in touch with a lawyer to discuss what steps you need to take to file your claim. State and local traffic laws vary, which is why it is a good idea to speak with a lawyer.

Rear-End Collisions & Left Turn Accidents

Rear–end and left turn accidents are extremely dangerous and can result in catastrophic injuries and major vehicle damage. Liability in these cases is often straightforward. When it comes to rear-end collisions, the law favors the driver in the front. The rear driver has the responsibility to leave enough space between their vehicle and the driver in front of them.

When an accident involves a car that is going straight and is hit by a car making a left turn, insurance companies assume the turning driver entered the intersection without enough space and time to safely make the turn. The straight-traveling driver can be held liable for this type of accident if they ran a red light or they were speeding.

Police Reports

Before you file your accident claim, you need to get a copy of the police report for your accident. A police report can be very helpful when determining which driver is at fault because it will contain any citations the drivers received for traffic violations. The police report is a valuable tool, so make sure you report your accident to the police if an officer doesn’t show up to the accident scene.

Talk to Chicago Car Accident Lawyer Today

Have you been involved in a car accident? Is your insurance company refusing to hold the other party liable for your damages? If so, you should get in touch with our law firm to get assistance with your case. Our team of experienced lawyers take on all car accident cases, and we are prepared to fight for the compensation you deserve.

Call (866) 891-9211 to request a free consultation with our team of personal injury lawyers.


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