A motor vehicle accident can occur anytime, causing property damage, bodily injury, and even death. Millions of Americans drive around in their vehicles while heading to work or running errands, increasing the chances of car accidents along the roads. Getting involved in a car crash can be a stressful and frightening experience, especially if you are the one who partially or entirely caused it.
Illinois is a “fault” state, meaning that the driver responsible for the accident is liable for the damages, injuries, and losses incurred by the parties involved. You may panic or even flee the scene once you think you are at fault, but that will only make matters worse for you before a court of law. You should follow the appropriate steps and take the necessary measures after an accident to ensure everything goes as it should.
The car accident lawyers in Chicago can help you get the facts straight and show you how to best proceed after a tragedy. Here’s what you should know about being at fault and how our car accident attorneys can help you.
What Should You Do After a Car Accident?
Car accidents can occur in the Chicago area, regardless of how carefully you drive. They could occur due to reckless driving, speeding, or driving under the influence. You should follow steps immediately after getting involved in an auto accident to protect your rights, even if you are at fault. They include:
- Move your vehicle out of the roadway, ensuring you do not block any traffic.
- Check for injuries on yourself and any other passengers in your vehicle, including those in the other car. Call an ambulance in case someone dies or has serious injuries.
- Call the police to report the accident and wait for them to arrive at the scene and write a report. Leaving the scene before the authorities arrive will be a hit-and-run before a court of law.
- Exchange information, including names, phone numbers, licenses, and insurance, with the other drivers. You should also collect such information from any witnesses at the scene.
- Document the scene by taking pictures and making notes that entail detailed facts about the accident.
- Get in touch with your car insurance company and provide all the information regarding the accident, even if you were at fault. Reporting the accident immediately after it occurs will prevent you from missing out on insurance coverage and getting your rates increased.
You should also contact an experienced car accident attorney and seek legal assistance once you get involved in a car accident.
How Do You Determine Fault in an Accident?
Being “at fault” means that you are responsible for the car accident and are liable for any damage caused. It entails doing or failing to do something that causes an accident or simply portraying negligence. Several factors determine the driver at fault in a car accident, the most common being a failure to take reasonable care while driving.
Thinking that you are at fault for an accident might make you feel anxious, but you must stay calm and refrain from admitting it to the other party. You and your insurance company will have to bear the cost of any damage incurred by the other car accident victim, including vehicle repair and medical expenses.
Driver negligence is one of the causes of road accidents and the main factor that insurance adjusters use to determine the party at fault. It entails careless conduct or a failure to act carefully, leading to unintentional harm or injury to another person. Victims of driver negligence are entitled to compensation for bodily injury, property damage, lost wages, and pain and suffering. Some examples of driver negligence include:
- Speeding.
- Drunk driving.
- Distracted driving.
- Tailgating.
- Violating a road user’s right of way.
- Fatigued or drowsy driving.
- Driving on the wrong side of the road.
The other party has to prove the four elements of a driver negligence claim, making it challenging to win a case. The four elements include duty, breach of duty, cause of injury, and damage. The insurance adjuster follows traffic laws and uses evidence from the accident scene to prove liability. Some of the pieces of evidence they use to prove fault include:
- The police report.
- Photographs from the scene.
- The location of vehicle damage.
- Traffic tickets were issued after the accident occurred.
- Medical records.
Your auto accident attorney can help you gather evidence and settle your case. The skilled attorneys at MJB Law have what it takes to help you sort out matters and get compensation even if you are at fault for the accident.
What Happens When You Are at Fault for the Accident?
If you are at fault for the car accident, the other party involved is entitled to file a car accident claim with your insurance company and recover compensation. You hold a legal liability to cater for the losses and damages resulting from the accident. You will have to use your own insurance company to pay for the expenses arising from the insurance claim.
Your insurance provider can reach a car accident settlement with the other party according to your insurance policy limits. If the damage exceeds your limits, you may have to cover additional costs from your pocket. Your insurance coverage can cover costs from car accident claims such as:
- Medical bills and medical treatment for injuries suffered
- Property damage.
- Lost income and wages.
- Pain and suffering, including physical pain and emotional pain sustained during the accident.
- Loss of earning capacity.
Seek Legal Representation from a Personal Injury Attorney
Being at fault for a car accident might seem like the end of the road, but you can still seek compensation depending on the circumstances surrounding it. A skilled car accident lawyer can help you gather evidence to prove who was at fault and acquire fair compensation.
The personal injury lawyers at the Chicago law firm have the knowledge and expertise to help you win your car accident case and gain maximum compensation for the damages you incur.
At MJB Law, we will provide substantial legal advice on how to proceed and acquire a fair settlement, even if you are at fault. Call us at 708-694-9728.
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