After a crash, almost everything hinges on one question: who was at fault?
In Illinois, that isn’t decided by the loudest driver or the angriest insurance adjuster. It comes down to evidence. Here’s how fault actually gets determined, from our attorneys, starting with senior attorney Stephen D. Phillips.
What Our Attorneys Say
Stephen D. Phillips — Senior Attorney
“The different types of evidence to prove a case are usually witness statements, what they saw and what they heard, and physical evidence. The best example of physical evidence is when a driver says, ‘I was only going five miles an hour when I hit the other car.’ We say, okay, but you left 60 or 70 feet of skid marks going into the other car. You couldn’t have been going five miles an hour when you hit your brakes. Physical evidence doesn’t lie, and it isn’t subject to the bias of eyewitnesses.”
Stephen J. Phillips
“In an automobile case, a car crash case, or a trucking case, a jury determines the amount of fault, the percentage of fault and who is at fault. The jury hears evidence, both direct evidence like eyewitness testimony or photographs of the scene, and circumstantial evidence like tire treads or skid marks on the pavement. They weigh both together and reach a determination of who’s at fault and why.”
Direct vs. Circumstantial Evidence
Fault gets proven two ways.
Direct evidence is what someone actually witnessed: an eyewitness account, or a photo of the collision itself. Circumstantial evidence is the trail the crash leaves behind, like skid marks or the damage pattern on each car. A jury weighs both kinds together.
Why Physical Evidence Beats He-Said-She-Said
Witnesses forget. They misjudge speed. Sometimes they shade the story toward whichever driver they feel sorry for.
Skid marks don’t do any of that. Sixty feet of rubber on the road tells you a driver was moving fast and braking hard, whatever they claim afterward. That’s why the physical evidence at a scene so often decides a case.
Illinois Uses “Comparative Fault”
Fault in Illinois is not all-or-nothing.
Under the state’s modified comparative negligence rule, more than one person can share the blame. Your compensation then drops by your share of it. Cross 50%, and you recover nothing. That’s why fighting over each percentage point matters so much.
How a Lawyer Proves Fault for You
The evidence that decides fault fades fast. Skid marks wash away, damaged cars get repaired, witnesses move on.
Our Chicago car accident lawyers move quickly to lock it down before it disappears. That means the police report and the scene photos, plus the physical damage before the cars get fixed. In a serious case, an accident reconstruction expert can rebuild exactly what happened.
Talk to a Chicago Car Accident Lawyer
If the other driver is blaming you, don’t take it as settled. Fault is proven with evidence, and the evidence is often on your side.
Call (312) 346-4262 for a free case review. You pay nothing unless we win. More on our Chicago personal injury page.
Frequently Asked Questions
How is fault decided in an Illinois car accident?
Through evidence. Witness statements and physical evidence like skid marks and vehicle damage get weighed together, either by the insurance companies or, if the case goes to trial, by a jury.
What if I was partly at fault?
You can still recover, as long as you were 50% or less at fault. Your compensation is reduced by your percentage of the blame under Illinois’ comparative negligence rule.
Does the police report decide who is at fault?
It carries real weight, but it isn’t the final word. A police officer’s opinion can be challenged, and an insurer or jury can reach a different conclusion based on the full evidence.
