Wheaton, Illinois Car Accident Lawyers

Determining Fault in Wheaton Car Accident Cases

Establishing fault is one of the most critical aspects of a car accident claim. Illinois follows a fault-based insurance system, meaning the driver responsible for causing the crash can be held liable for the damages suffered by others who were involved. To prove fault, several forms of evidence may be used, including:

Police Reports

After a collision, law enforcement officers typically respond to 911 calls, coming to the scene and creating an accident report. This report will typically assign fault for an accident, and it may include:

• Statements from drivers and witnesses
• Observations about road conditions and traffic signs
• Indications of traffic violations (such as speeding or running a red light)

Traffic Laws and Violations

Violating traffic laws is often a sign of negligence. Common traffic violations that contribute to accidents include:

• Speeding
• Failing to yield the right of way
• Running red lights or stop signs
• Reckless driving
• Following too closely (tailgating)

Witness Testimony

Eyewitnesses can provide valuable accounts of how a crash occurred. Statements from other drivers, passengers, pedestrians, or bystanders may support an injured party's claim.

Video and Photographic Evidence

Surveillance footage, dashcam recordings, and accident scene photographs can help reconstruct the events leading up to a crash. Skid marks, vehicle damage, and road conditions may also provide clues about how an accident took place.

Expert Analysis

In complex cases, accident reconstruction specialists can analyze evidence and recreate the collision to determine fault. Medical professionals can also provide insight into the injuries that occurred because of the crash's impact.

Leading Causes of Auto Accidents

Negligence is often the primary factor leading to car accidents. It can take many forms, including:

Distracted Driving

Using a cell phone, adjusting the radio, daydreaming, or other non-driving activities can take a driver's attention away from the road. Texting while driving is one of the most dangerous distractions, as it involves taking hands off the wheel, eyes off the road, and focus away from driving.

Speeding

Driving too fast relative to the current road conditions greatly reduces a driver's reaction time, and higher speeds can also amplify the seriousness of a collision. Speeding is a leading cause of fatal crashes in Illinois.

Reckless or Aggressive Driving

Weaving through traffic, tailgating, and ignoring traffic signals can lead to tragic accidents. Reckless drivers put everyone on the road at risk, and they should be held accountable for their actions.

Drunk or Drug-Impaired Driving

Operating a vehicle while inebriated severely affects a person's judgment, coordination, and reaction times. DUI accidents often result in serious injuries or fatalities, and drivers who are convicted of DUI can face both criminal penalties and civil liability for the harm they cause.

Failing to Yield

Many crashes occur when drivers do not yield the right-of-way when required at intersections, pedestrian crosswalks, or highway merges. Left-turn accidents are particularly common when drivers misjudge oncoming traffic.

Harsh Weather Conditions

Rain, snow, and ice can create hazardous driving conditions. Despite this, drivers are still responsible for adjusting their speed and maintaining control of their vehicles. If a driver fails to slow down or loses control due to reckless driving in poor weather, they can be held accountable for any resulting injuries.