The Voice For The Injured
Attorney Robert Fakhouri

Determining who is at fault in a car accident

On Behalf of | May 12, 2023 | Car Accidents, Motor Vehicle Accidents |

Being in a motor vehicle accident in Illinois can be a terrifying and life-changing event. Once all the dust settles, insurance companies strive to determine who is at fault according to state law. Consideration may be given to factors such as which party was most negligent or violated the most state laws. Insurance companies often find that all parties involved share some responsibility for the crash.

Tickets issued by law enforcement

If one of the vehicles involved in the collision receives a ticket for a moving violation connected to the accident, an insurance company may see that driver as the one at fault. Typically, authorities do not consider issuing a ticket for not having insurance or having an expired registration since they don’t link them to the cause of the accident.

Rear-end accidents

If there is a rear-end collision, the car that rear-ended the other vehicle is often deemed to be at fault. There could be a circumstance where the car in front stops suddenly and bears some of the responsibility for the motor vehicle accident. Even so, the car that rear-ended the vehicle might have a responsibility to leave enough room between itself and the vehicle in front to be able to prevent a crash.

Turning vehicles

In many cases, the turning vehicle is considered responsible for the automobile accident. This is because a turning driver is responsible for ensuring that it is safe to turn before they do so. If the non-turning vehicle is driving faster than the speed limit or makes a lane change without signaling, then the non-turning vehicle may have partial responsibility.

Multiple drivers can be the cause of an accident. When a driver is determined to bear more than 50% of the fault for the collision, they may not be entitled to recover damages. Although determining fault in an accident can be challenging, it is a vital part of resolving accident insurance claims.