If you've been injured in a car accident in Illinois, it's important to understand the steps involved in proving negligence. In this blog post, we'll cover the legal definition of negligence, the key elements required to win your case, and the best practices for gathering evidence.
What is negligence in Illinois car accident cases?
Negligence is the legal term for carelessness or failure to exercise reasonable care. In the context of car accidents, negligence refers to a driver's failure to exercise the level of care that a reasonable person would under similar circumstances. This can include things like failing to obey traffic laws, texting while driving, or driving under the influence of drugs or alcohol. As per the Illinois Department of Transportation, car accidents in Illinois have been on a steady rise in recent years and it is important to be aware of your rights and responsibilities.
Key Elements of Proving Negligence in Illinois Car Accidents
In order to prove negligence in an Illinois car accident case, you'll need to establish four key elements: duty, breach, causation, and damages.
Duty: You'll need to show that the other driver had a legal duty to exercise reasonable care while driving.
Breach: You'll need to demonstrate that the other driver failed to exercise that care, for example, by breaking traffic laws.
Causation: You'll need to prove that the other driver's breach of duty caused your injuries.
Damages: You'll need to show that you suffered actual damages, such as medical expenses, lost wages, and pain and suffering, as a result of the other driver's negligence.
Gathering Evidence to Prove Negligence in Illinois Car Accidents
In order to build a strong case, you'll need to gather as much evidence as possible to support your claim of negligence. This can include things like police reports, witness statements, and photographs of the accident scene. Additionally, you may want to hire an accident reconstruction expert to help you understand exactly how the accident occurred. The Illinois State Police provides useful information on how to request a traffic crash report.
Why You Need an Illinois Car Accident Lawyer
Proving negligence in an Illinois car accident case can be a complex and time-consuming process. That's why it's important to work with experienced Illinois car accident lawyers like Bloomington, IL attorneys at Imeri Rogers, LLP who can help you gather and present the evidence you need to win your case. A lawyer can also help you negotiate with insurance companies and represent you in court if necessary