COVID-19 Notice: Malman Law’s staff is working at office & from home so that we can do our part to fight the spread of this virus within our community.Learn more
Please fill out the form below and a representative at Malman Law will contact you within 24 hours to discuss the specifics of your personal injury case.
Friday, November 16, 2018
After a car accident, you might walk away assuming that you did nothing wrong; therefore, the other guy is at fault.
Unfortunately, determining fault is not as simple as your word. Instead, an insurance company and law enforcement assess the accident site and the factors surrounding the case to determine who is at fault.
Even more surprising is the fact that you and the other driver might both be at fault. When that happens, contributory negligence laws will take over and your compensation value decreases based on how much fault is apportioned to you.
To determine fault appropriately, including whether you are at fault or the other party, you need to know the processes used and your state’s requirements.
When you hear the term “fault,” you are dealing with the insurance’s assignment of liability. That means the insurance claims adjuster will investigate the accident and see which party is liable. The liable party is the financially responsible party.
A claims adjuster investigates after you report the accident to your insurance company. They determine who is at fault. And even if they work for your insurer, they can find you liable.
The adjuster reviews all of the evidence, including the police report. Sometimes the police report will indicate who caused the accident or any citations issued to point the adjuster in the right direction.
While your claims adjuster gets the final say on whom they feel is at fault, there are instances of no-doubt liability. These types of accidents almost always have the same party assigned fault; therefore, they are relatively easy to wrap up for a claims adjuster.
These instances include:
In most cases, the party that rear-ends another car is at fault. Unless the leading car’s carelessness contributed to the accident, the vehicle that rear-ends was following too close and not exercising caution. In this case, insurers would find them liable.
As stated before, you could be liable even if you are rear-ended by another car. For example, your brake lights were out, which made it impossible for the following car to see you slow or come to a sudden stop.
Another example would be when you cut off a driver and then hit the brakes. In this case, you already cut the other vehicle off, giving them little time to put space between the bumpers.
When you are driving straight through an intersection and the vehicle coming in the opposite direction turns left in front of you, resulting in a collision, it is usually their fault.
The rules can change for these types of accidents, and you could be at fault if you:
Lastly, a claims adjuster will consider all the factors and how each party contributed to the accident. Questions they might ask themselves include:
In Illinois, the modified comparative negligence laws apply when both parties are at fault.
Using the modified rule, the courts would consider the degree of fault by the plaintiff and compare that to the defendant. As long as you are under 51 percent at fault, you can still collect compensation. If you are more than 51 percent, the court bars you from filing a claim.
Furthermore, the percentage of fault assigned to you will deduct from your compensation.
For example, you are awarded $100,000 but you are also found 25 percent at fault. In this case, your $100,000 would be reduced by 25 percent – or $25,000. Therefore, you would only receive $75,000.
If you were involved in a severe car accident, the last thing you should worry about is who is at fault or fighting the insurance company when they try to put part of the blame on you.
Instead, speak with an accident attorney to explore your rights and get the compensation you deserve. Contact the team at Malman Law today by calling our office or requesting further information online.
They area very helpful and when it come to getting things done with your case I had the pleasureof working with Jason Kellerman he was awesome I highly recommend them.
- Britany Weaver
I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
- Cheryl Wagemann
I’ve been knowing about this Law firm for many years through friends, referrals & advertisements , never I thought I would need their services , because I believed things & situations don’t happen to me like this , long story short I was in situation that I needed help & advice!!! The right direction , I connected with the Firm & a very patient , understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care !
- Elvira G.
I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
- Tony S.
I contacted Malman Law go my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks everyone!
- Devin Jones
Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
- Annie Ong
Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If your interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
- Eugenia Cathery
They are so efficient and professional.Always available to help.Attoney Boyer was great and very good with my case.I really appreciate mailman law firm. I gave them 5 star because there is nothing higher.
- Omolewa Snyder
I have had an amazing experiences with Malman law so far. From the start Dan was super easy to work with, got me the medical attention I needed and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
- Trevor Harris
Hi I just want to acknowledge Jay McCarron, Kelly & the Firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would Highly recommend you and your firm to friends & family. E. P.
- Ernest Pitts
Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
- Ariel Fleming
I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
- Carmen Rivera
Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the repairations of the accident. We would recommend their services!
- Greg Gustafson
Excellent customer service and great experience. Malman law handled the whole process and it was very smooth. The settlement was a great success. I would choose malman law again in the future.
- Malak St.Clair
Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me an my daughter.
- Devri Lott
I cannot give enough praise to the team at Malman Law, for helping with my case . My children were involved in a auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
- Adrian Lopez
A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
- Vanessa Leon
Bella Feinstein, Jason Kellerman, and Terry Davey, have been instrumental in helping me though many difficult situations. Not only did they work to get my mom a settlement, they have continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
- Nyah Vuljanic
This law firm is the best they got me paid and meymen law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position they are awesome sincerely. Jeff walker
- Jeff Walker
Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, takes time to listens to his clients and gather facts accordingly.
- Steve Acosta
Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of a apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
- Jose Cruz
Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!
- Meagan Cruz
- Eddie Villarreal
I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!
- Madissen Miller
Malman Law is definitely profe