Evidence in Car Accident Cases

Building a successful personal injury claim following a car accident requires evidence that supports an allegation of fault. At Therman Law Offices, our dedicated Wheaton and Schaumburg car accident attorneys are prepared to set forth your claims to help you pursue maximum compensation for your losses. Illinois law provides that injured individuals have the right to seek damages from the party that caused their harm. Our experienced lawyers have decades of experience helping injured victims in asserting their rights.

Suing for Negligence After a Car Accident

In order to recover compensatory damages from the driver that caused a crash, a victim must establish that the driver’s conduct failed to meet an established duty of care, or failed to meet a standard of reasonable conduct. In the context of a car accident, this breach of care may be demonstrated in different ways. A driver that tailgates and causes an accident, for example, has likely failed to act reasonably. Other examples of unreasonable conduct can include texting while driving, or driving under the influence.

If the plaintiff can show that the defendant breached their duty of care through their action or inaction, they must next show that this breach directly caused their harm in order to recover damages. To establish these elements, the plaintiff relies on different forms of evidence.

Evidence in Car Accident Cases

There are different forms of evidence in a car accident case, such as photographs, witness testimony, and official records. Police reports are examples of official records that may be applicable, and may even contain a declaration of who was at fault for the accident. This report may not establish liability, but it can be helpful. Department of Motor Vehicle accident reports are another form of documentation that can support a legal claim for damages.

Photographs of the scene of the accident can help to establish legal fault. Most people carry a mobile phone with a camera, and smartphones can record video and sound. This type of evidence can make clear whether there are traffic signals, stop signs, or other indications of which party had the right of way. Visual evidence of the crash can also help the victim if it shows skid marks or debris from the collision. Property damage and physical injuries can be documented in photographs and set forth in a claim for compensation. Witness testimony may also help to support the plaintiff’s allegation that the defendant caused the car accident. An experienced car accident lawyer can assess which of these types of evidence from the scene of the crash may be helpful to your claim.

Finally, in support of the last element of a negligence claim, the victim will seek to quantify their costs from the crash, and this will require evidence as well. When these amounts are awarded as damages in a lawsuit, they are intended to place the victim where they would be had the accident not taken place. Tangible losses, such as property damage and hospital visits, are included in a damages assessment. Losses such as emotional suffering are also eligible for recovery, though they are more challenging to quantify. Evidence that a plaintiff may use to establish these amounts can include medical bills, projections of the costs of long term care, receipts for property repair, and records of lost income.

Retain a Dedicated Wheaton or Schaumburg Attorney for Your Car Accident Claim

Evidence in a car accident case is essential to proving liability. A victim that successfully asserts evidence showing fault will likely be entitled to damages for their harm. At Therman Law Offices, we advocate for injured people throughout Norwood Park, Edison Park, Norridge, Park Ridge, Rosemont, Mt. Prospect, Harwood Heights, Elmwood Park, Des Plaines, and Elk Grove Village, as well as the surrounding communities. Our skilled Schaumburg and Wheaton lawyers strive to maximize compensation for our clients. To schedule a free consultation, cal lus at 312-588-1900 or contact us online.