While all drivers have an obligation to protect other people when they get behind the wheel of a car, motor vehicle collisions remain a significant source of personal injuries in Aurora. Motorists who fail to drive safely and cause car accidents may be liable for all resulting damage.
Hiring an Aurora car accident lawyer to pursue your case could help you obtain more compensation for your injuries. Our knowledgeable injury attorneys at the Law Offices of R.F. Wittmeyer, Ltd. possess the tools to prove fault for a crash, measure how the event has changed your life, and demand fair payments from all liable parties. However, there is a short time to act following an accident, so speak with a legal representative today.
Who is Liable for a Motor Vehicle Crash?
There is no such thing as a blameless car accident. That said, insurance companies and courts must assign blame for a collision. While it is unfair to say that a defendant driver intended to cause a crash, the law says that accidents are compensable. However, the injured victim bears the burden of proving fault that the defendant caused the crash. To prove this, the victim can present two different arguments.
Collisions that Result from Illegal Driving
Many collisions on Aurora’s roads result from traffic violations like speeding, failing to yield, or texting while driving. In these situations, proof that the defendant driver violated a law in the moments leading up to a crash is crucial evidence. A legal representative could track a ticket through the court system and use a conviction as evidence of liability for an accident. Additionally, they will have the opportunity to discover other unlawful acts that may not have resulted in a ticket by requesting, for example, phone records or footage from red light and safety cameras.
Accidents Due to Carelessness
Even when the defendant does not receive a ticket for illegal driving, they may still be responsible for the accident. Careless actions such as eating behind the wheel, talking on the phone, and putting on makeup can all contribute to a collision. In these cases, the court may evaluate the actions of all involved parties to determine fault. According to 735 ILCS 2/1116, the defendant can argue that the injured victim shares blame for a crash. If the court holds that the crash victim is more than half responsible for an incident, that party cannot collect compensation. A skilled attorney in Aurora could launch an investigation to collect the necessary evidence proving the defendant was solely to blame for a vehicle collision.
Drivers Who Cause Collisions are Liable for all Resulting Damage
Demonstrating responsibility for the car accident is only the first part of a successful case: showing how the event has impacted the injured person’s life is just as important. The core of all car accident cases is the resulting physical injuries, including broken bones, sprained ligaments, and concussions. The at-fault defendant must provide the compensation necessary to cover the plaintiff’s healthcare expenses.
These events can also impact other parts of the victim’s life. For example, the plaintiff may find that they are experiencing flashbacks, nightmares, and other forms of emotional traumas after the crash. Additionally, physical injuries could force them to take time off work to make a recovery. Hiring an Aurora lawyer allows the car crash victim to evaluate the full value of a possible case and demand appropriate compensation.
Contact a Car Accident Attorney in Aurora Immediately
When you suffer injuries in a car crash, you must understand your legal rights. When a collision is another driver’s fault—even if the motorist was operating the vehicle that you were in—you can demand compensation for your losses.
An Aurora car accident lawyer could help you collect these payments. Additionally, a legal team member can take the needed steps to prove fault for a crash, measure your losses, and demand fair payments through insurance settlements and lawsuits. Call now to begin the evaluation of your case.