Seek Legal Representation
Seeking legal representation is a critical step in safeguarding your rights and ensuring a strong defense when faced with legal challenges.
What Should You Look for in an Auto Accident Defense Attorney?
With countless auto accident lawyers in Illinois, finding the right one to represent your case can be challenging, though the process is similar to finding a car accident attorney when you’re the plaintiff.
Here are vital things to consider when looking for an auto accident defense attorney:
- Verify Their Experience: Look for an attorney with experience handling car accident lawsuits in Illinois. The attorney should have a track record of successfully defending their clients and negotiating fair settlements.
- Read Their Customer Testimonials: See how past clients have rated their services and read through their testimonials. This perspective will give you a better understanding of the attorney’s approach and success rate.
- Get an Idea of How They Work: You must understand your lawyer’s processes and approach to handling car accident cases. It’s also essential to see if the attorney’s communication style aligns with yours.
- See If You Can Afford Their Service: Lastly, you must clearly understand their fee structure and whether it’s within your budget. Most car accident attorneys work on a contingency fee basis, meaning they only get paid if you win the case.
How Can an Auto Accident Defense Attorney Help You?
Hiring the right car accident defense lawyer can significantly affect your motor vehicle accident lawsuit’s outcome.
Here are some ways lawyers can help you:
- Help You Gather Evidence: Your accident defense attorney will work with accident reconstruction experts and gather all the evidence needed to prove your innocence or minimize the damages caused.
- Negotiate Settlement With the Plaintiff: Your attorney will also represent your best interests and negotiate a fair settlement — they may also advise you to take the case to court if necessary.
- Provide Sound Legal Advice: Navigating the legal process can be overwhelming, but your attorney will guide you through every step and advise you on what to do. The attorney will use their knowledge and experience to defend you against false claims or unjust accusations.
- Make the Process Less Daunting: The legal process can be stressful and time-consuming. Having an attorney by your side can ease some of this burden and allow you to focus on recovering from the accident.
Understand Your Liability
When someone is accused as the defendant or the at-fault driver, it means that they are liable for the accident from a legal standpoint.
In the state of Illinois, both parties are required to prove and disprove liability in the car accident lawsuit process.
Determining Liability in a Car Accident
Liability is a challenging legal concept in car accidents and other personal injury cases as it involves proving and disproving negligence.
Negligence can be defined as the failure to take reasonable care, resulting in harm or damages to another party.
The following elements are typically evaluated and proved to determine liability in a car accident case:
- Duty of Care: In car accident cases, all drivers are responsible for ensuring the road is safe for everyone. All drivers must abide by traffic laws and drive reasonably to avoid accidents.
- Breach of Duty: This element refers to failing to fulfill the above-mentioned duty of care. For example, if a driver is found to have been driving under the influence or texting while driving, they may be considered in breach of their duty of care.
- Causation of Injury: The third element involves proving that the defendant’s breach of duty caused or contributed to the plaintiff’s injuries. Establishing this element requires tangible evidence, such as medical records and expert opinions.
- Resulting Damages: Lastly, the plaintiff must prove they suffered damages from the accident. These damages can include physical injuries, property damage, and financial losses.
Is It Possible for Both Drivers To Be Equally Liable?
Both the accused and the aggrieved have the right to prove and disprove negligence.
It is not uncommon to find both drivers liable for the accident.
The doctrine of comparative negligence kicks in for cases like this.
The doctrine of comparative negligence states that both parties’ negligence can be held accountable for the accident.
Different states follow different versions of comparative negligence, but Illinois follows the modified comparative rule.
Here’s how different comparative negligence rules work:
- Pure Comparative Negligence: Under this rule, the plaintiff can recover damages regardless of their percentage of liability. For example, if the plaintiff is found to be 80% at fault, they can still recover 20% of the damages awarded.
- Modified Comparative Negligence: In this rule, the plaintiff can only recover damages if their percentage of liability is less than 50% and will not receive compensation if they are found to be equally or more liable than the defendant.
- Pure Contributory Negligence: This rule is the strictest version, where the plaintiff cannot recover any damages if they are found to be even 1% at fault.
Contact Your Insurance Provider
Informing your insurance provider about the accident is an essential step in this process.
Your insurance policy may cover some or all of the damages, and they can also investigate the accident.
Understanding the Fault-Based Insurance System
Insurance companies utilize a fault-based system to determine who is responsible for an accident and, therefore, liable for the damages.
The party at fault’s insurance company is responsible for covering both parties’ damages.
There are two variations of this system, and different states follow either one:
- At-fault System: In an at-fault state, the defendant’s insurance company is solely responsible for covering the damages. The plaintiff can also sue the defendant for additional damages not covered by their insurance policy.
- No-fault State: In a no-fault state, each party’s insurance company covers their own damages regardless of who is at fault. This system aims to streamline the claims process and reduce lengthy lawsuits. However, there are exceptions to this rule, such as cases involving severe injuries.
Illinois Is an At-Fault State
Illinois follows the traditional “at-fault” system, where the party responsible for causing the accident is liable for the resulting damages.
If you’re at fault for an accident, your insurance company will be responsible for covering both your own damages and those of the other driver.
Drivers are required to have the following minimum auto insurance coverage to protect themselves and others when a car accident occurs in Illinois:
- An amount of $25,000 auto insurance coverage for bodily injury or death per person
- An amount of $50,000 for bodily injury or death per accident
- An amount of $20,000 for property damage per accident
Drivers from no-fault states must have personal injury protection (PIP) coverage, which covers their own medical expenses and lost wages regardless of fault.
The minimum amount varies per state.
Preserve All Evidence
As the defendant, you and your lawyer must prove that you’re not negligent to avoid full liability or reduce your percentage of fault.
You need solid evidence that disproves the plaintiff’s claims to do this.
Here are some essential pieces of proof you need:
- The official police report
- Photographs of the accident scene and damages
- Medical records and bills
- Witness statements
If you don’t have any evidence, your attorney can help collect it through discovery.
This process involves requesting and reviewing documents, conducting depositions, and other methods of gathering relevant information.
Do Not Admit Fault
One of the most common pieces of legal advice you’ll receive from a lawyer after an accident is to avoid admitting fault.
If you believe or know you were at fault, defense lawyers recommend that you do not apologize or make any statements that can be used against you later on.
Apologizing may seem like the polite and responsible thing to do, but it can also be seen as an admission of guilt.
Admitting fault in any way could complicate the legal process for your lawyer.
Exchanging contact and insurance information with the other driver and let your attorney handle the communication with the other driver’s insurance company is the best course of action.
Doing this can avoid any statements the plaintiff can use against you in court.
Be Aware of Legal Proceedings
The legal process might look slightly different when you’re the defendant.
Here’s an overview of the legal process after a car accident has occurred:Â
- The Victim’s Statute of Limitations: The plaintiff has two years to file a personal injury lawsuit in Illinois after the accident. This time limit is stated in Illinois’ statute of limitations.
- Hiring a Lawyer and Building a Case: You must start building your legal defense before or after you recover from your injuries. You need a lawyer to guide and represent you in court.
- Drafting and Sending a Demand Letter: You must expect a demand letter from the plaintiff’s party after the investigation. A demand letter contains the plaintiff’s official account of the accident and asks for compensation.
- Both Lawyers Will Negotiate a Settlement: The plaintiff’s lawyer and your attorney will negotiate a compensation amount that both parties agree upon. If you cannot reach an agreement, the case goes to trial.
- Entering a Car Accident Lawsuit: If the case goes to a court trial, both parties will present their evidence and arguments in court, and a jury will determine who is at fault and the damages owed.
Understanding Settlements
In many car accidents, the case ceases during the settlement negotiation.
A defense lawyer’s strategy will often hinge on minimizing liability and utilizing the comparative negligence law to reduce your percentage of fault.
The amount you’ll pay depends on the severity of the injuries and damages and your insurance policy limits.
If you have sufficient coverage, your insurance company can pay up to the policy limit, leaving you with no out-of-pocket expenses.
If the damages exceed your policy limit, you may need to pay for them yourself.
Settling out of court is often favorable for both parties as it can save time, money, and the stress of a trial.
If your defense lawyer believes you have a sound defense, it may be more beneficial to take the case to trial and let a jury decide on the outcome.
TorHoerman Law: Your Car Accident Lawyer
Acting promptly and making informed legal decisions are critical to preserving your rights and protecting yourself from potential liabilities.
At TorHoerman Law, we primarily defend car accident victims and help them file a case against the negligent party in a car accident.
We believe both parties must understand the legal process and their rights in such a situation.
This guide aims to help Illinois defendants understand the steps they can take if they are sued for a car accident.
If you’re a plaintiff in an Illinois car accident, contact our team now for a free consultation.
You can also use the chatbot on this page to see if you instantly qualify for the lawsuit.
