Chicago is an at-fault state for automobile accident claims. Drivers must carry minimum liability insurance to pay damages if they cause a car crash. However, before you can recover compensation for your injuries and financial losses, you have the burden of proving the other driver is liable.
Proving liability can be challenging because you must have evidence proving the elements of negligence. Our Chicago personal injury attorneys have extensive experience handling car accident claims, including proving at-fault drivers are responsible for damages.
What Is the Burden of Proof in a Chicago Car Accident Case?
Judges instruct jurors regarding the meaning of burden of proof. Jurors are the triers of fact. They listen to the evidence presented during a trial and decide what they believe to be the true facts of the case.
Evidence in a car accident case can include, but is not limited to:
- Photographs and videos
- Accident and police reports
- Statements made by the drivers and passengers
- Eyewitness testimony
- Medical records
- Evidence and opinions from accident reconstructionists and other experts
- Physical evidence from the accident scene
- Data collected from vehicle recorders
Those “facts” must convince the jurors that the defendant (at-fault party) caused the accident that resulted in the plaintiff’s (victim’s) injuries. The burden of proof in a civil case is by a preponderance of the evidence.
A preponderance of the evidence means that the jurors believe there is more than a 50% chance the claim is true. In other words, the jury decides the evidence proves there is a greater chance that the defendant is responsible for the plaintiff’s damages than not.
What Must I Prove to Win a Chicago Car Accident Lawsuit?
Most car accident claims are based on negligence. Negligence is the failure to exercise the care that a reasonably prudent person would have exercised in a given situation. For example, a reasonably prudent person would not drive while intoxicated because they know they could cause a car crash. A reasonably prudent person obeys Illinois traffic laws to avoid causing a car wreck.
The legal elements of a negligence claim are:
- Duty of Care – The motorist owed the injured party a legal duty of care.
- Breach of Duty – The motorist breached the duty of care through their actions or omissions.
- Causation – The motorist’s actions were the direct and proximate cause of the accident.
- Damages – The victim sustained damages because of the motorist’s breach of duty.
Car accident cases can also involve other at-fault parties. Therefore, a manufacturer of a defective car part, a trucking company, a government entity, or other third parties could have contributed to or caused the car accident. Likewise, car accidents could also involve claims of product liability and vicarious liability. The legal elements to prove these claims are similar to negligence and have the same burden of proof.
Contact Us for a Free Consultation With our Chicago Personal Injury Attorney
You do not need to fight the insurance company alone. Our legal team at Hale & Monico investigates your car accident to gather evidence proving the other driver is at fault. Contact our law office today to schedule a free case evaluation to discuss how our Chicago personal injury attorney can help you recover the money you deserve after a car accident.