In Illinois, as in many other states, a person who has been in a car accident can only seek minimal compensation from his or her insurance company. For serious injuries and major property damage, there must be a claim made against another driver who may have been at fault. Proving such a claim can be difficult, particularly since fault is not always readily demonstrable by reliable evidence.

Most accidents involve measures of fault by all parties involved. In law, this is called comparative negligence. In Illinois, an injured party can seek legal damages only if he or she is not is not more than 50 percent responsible for causing the accident. That means proving that another driver — or perhaps more than one party — accounted for the bulk of the blame.

Negligence in an auto accident can take different forms, ranging from violations of traffic laws to disregard of safe driving standards. If police were involved, either before or after the accident, there may have been citations issued. A proven violation of a traffic law can constitute negligence per se, which means the person can be held liable for damages to the extent their violation caused the crash.

If you have been in an accident that involves substantial vehicle damage and possible bodily injury, make certain that the police are called. You should give the officer your account of what happened, though you need not admit any fault. Ask how you can obtain a copy of his or her report.

You should also do the following at the accident scene, to the extent you are able:

• Take pictures and videos of the damage to vehicles, which can show how the accident occurred. Also, take shots of the surroundings, such as skid marks on the pavement, and indications of factors that may have contributed, such as weather, a road obstruction or some other condition.
• Get witness statements, either written or recorded, and ask witnesses for their contact information.
• Obtain any camera footage available that might have recorded what happened, such as from nearby traffic-pole or security cameras.
• Write down in detail, as soon as possible, your memory of what happened. This is important because your memory may become less vivid as time passes. Going forward, write down how the accident has affected you, in terms of financial costs and physical pain.

Each of these items will be helpful to your auto accident attorney in working on your claim for damages. Additionally, some accidents may have been caused in part by manufacturer defects or deficient maintenance of vehicles, so evidence of these conditions can be critical to your case. The goal is not only to prove other parties at fault but also to lessen the percentage of fault attributable to you.

The Skinner Law Firm, P.C. in Bridgeview, Illinois represents auto accident victims throughout the greater Chicago metropolitan area. Contact us online or call 312-635-6459 for a free initial consultation.