Car accidents generally involve one or more negligent parties. To be found legally negligent in an accident, a motorist must have had and violated a duty of care to the victim. Furthermore, a negligent party must have caused a victim to incur losses that were directly attributable to his or her actions. For instance, if a crash involving an impaired driver occurred on an Illinois highway, that person may have violated the duty of care owed to a victim.
However, if the accident occurred because the other driver ran a red light, the fact that the first driver was impaired may have no bearing on the case. There are many ways in which a driver could be found negligent in the aftermath of a car crash. For instance, he or she may have been speeding or otherwise driving too fast for road conditions.
Those who are following too closely prior to an accident could be found negligent for doing so. Drivers are generally required to pay attention to the road at all times. Therefore, a distracted driver could be also found negligent for his or her role in a crash. Examples of distracted driving include the use of a cellphone or peering away from the road to look at another accident scene. If a vehicle isn't properly maintained, its owner could be acting in a negligent manner just by driving it.
There may be many different ways to show that negligence caused an accident to happen. Witness statements, driver statements and police reports may prove that a duty of care was breached. Hospital bills or other statements may show that a person suffered a financial because of the crash. Proving that another party was negligent may entitle a victim to compensation for medical bills and other expenses.