Most car accident cases don’t go to trial—but when they do, winning depends on your ability to prove the other driver was at fault. If you’ve been injured in a crash in Peoria, IL, understanding how the legal system works can help you gauge your chances of success.
Here’s what you need to know.
Most Car Accident Cases Settle
Roughly 95% of car accident claims settle before trial. That means they are resolved through negotiation rather than a courtroom verdict. However, if your case does go to trial, the burden of proof falls on you—the injured party.
To win, you must show that the other driver’s negligence caused your injuries. Whether that’s easy or difficult depends on the strength of the evidence in your case.
What Standard of Proof Applies?
In personal injury cases, the standard of proof is called “preponderance of the evidence.” This simply means that your version of events must be more likely true than not, or greater than 50%.
This is a lower standard than “beyond a reasonable doubt,” which is used in criminal cases. As a result, the burden of proof in civil court favors the injured plaintiff—but only if you present solid evidence.
What Evidence Can Help You Win?
You’ll need credible, consistent evidence to support your claim. That may include:
- Eyewitness testimony about what happened
- Expert analysis of how the crash occurred
- Photos or videos from the crash scene
- Police reports or citations
- Physical evidence (like a damaged vehicle)
The more detailed and reliable your evidence, the better your chances of winning a car accident lawsuit in Peoria.
Proving the Other Driver Was Negligent
Illinois law requires drivers to carry liability insurance, which pays for injuries they cause. To hold someone legally responsible, your lawyer must prove negligence, which involves four elements:
- Duty of care: All drivers owe others a duty to drive safely.
- Breach of duty: The driver failed to uphold this duty by being careless or reckless.
- Causation: The driver’s actions directly caused the crash and your injuries.
- Losses: You suffered damages as a result.
Violating traffic laws (e.g., speeding or running a red light) often supports a finding of negligence. But even legal behavior—like failing to yield or texting at a stoplight—can be negligent if it’s unsafe under the circumstances.
Showing You Were Injured and Suffered Losses
You also have to prove that the crash caused actual harm, not just a close call. You may be able to recover economic and non-economic damages.
Economic losses are tangible costs, such as:
- Medical bills
- Physical therapy
- Prescription medications
- Lost income from missing work
You can prove these with documentation like bills, insurance statements, and pay stubs.
Non-economic damages are harder to measure but still very real. They may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring or disfigurement
Often, your own testimony—and that of family or close friends—can help paint a picture of how your life has changed since the accident.
How Hard Is It Really to Win?
Winning your lawsuit is possible with the right evidence and legal guidance. But no two cases are the same.
A seasoned Peoria car accident lawyer can evaluate the unique facts of your case and give you a realistic assessment. They’ll look at:
- The strength of your evidence
- Any shared fault issues
- The severity of your injuries
- Prior outcomes in similar cases
By reviewing these factors, your attorney can estimate your chances of success and help you build the strongest case possible. With professional support, what may seem overwhelming becomes a manageable and strategic legal process.
Speak With a Peoria Personal Injury Lawyer Today
If you’re wondering whether you can win a car accident lawsuit in Illinois, the best next step is to talk to a Peoria car accident lawyer. An experienced legal team can build a strong case, negotiate with the insurance company, and fight for the compensation you deserve.
To learn more, contact our skilled personal injury attorney at Joel E. Brown, P.C to schedule a free consultation. We are conveniently located in Peoria and proudly serve Peoria County, IL, and the neighboring communities.
Joel E. Brown, P.C
416 Main Street Suite 1300, Peoria, IL 61602
(309) 673 4357
Available 24/7