Can You File an Injury Claim If Police Say the Driver Wasn’t at Fault?

Key Takeaways

• A police finding that a driver was “not at fault” does not automatically prevent a pedestrian injury claim.
• Police investigations and civil personal injury claims answer different legal questions.
• Illinois law allows an injured pedestrian to recover compensation in some cases even when the pedestrian shares responsibility for the crash.
• Evidence beyond the police report can change how fault is evaluated.
• Before accepting a finding that no one else is responsible, have a pedestrian accident lawyer review the evidence.

Peoria Crash Raises an Important Question About Police Fault Findings

A recent serious pedestrian accident in Peoria highlights a situation injured people and their families sometimes face: What happens when police say the driver wasn't at fault?

According to reports, Peoria police responded to South Western Avenue and West Antoinette Street and found a 60-year-old pedestrian unconscious in the roadway after he had been struck by a vehicle. He was hospitalized with life-threatening injuries.

The driver remained at the scene and cooperated with investigators. The following day, police said investigators had determined that the driver was not at fault. At the same time, authorities said the investigation was continuing.

Does a Police Finding of “Not at Fault” Prevent an Injury Claim?

Not necessarily. Police investigate crashes, document the scene, speak with witnesses, and determine whether citations or criminal charges may be appropriate. Their findings can become important evidence.

But a civil personal injury claim asks a different question: Does the evidence establish that another person or entity was legally responsible for causing or contributing to the pedestrian's injuries? That question can require a much deeper investigation.

What Evidence Can Challenge or Clarify a Police Fault Finding?

When fault is disputed, the details matter.

A pedestrian accident lawyer may investigate evidence that was unavailable, incomplete, or outside the scope of the initial police investigation. Depending on the circumstances, that can include:

• Surveillance or traffic camera footage
• Independent witness statements
• Vehicle speed and braking evidence
• Roadway lighting and visibility
• Cellphone evidence when distraction is suspected
• Accident reconstruction

The Peoria crash reportedly occurred around 10:30 p.m., for example. That makes visibility one of the factual issues that could matter in evaluating what happened. When could the pedestrian be seen? How much time did the driver have to react? What were the lighting and roadway conditions?

Those are questions, not conclusions about this particular crash. But they show why “police said the driver wasn't at fault” should not automatically become “there is no possible claim.”

At Strong Law Offices, we investigate serious injury cases from the ground up. We identify the evidence, preserve it before it disappears, and determine what actually supports the insurance company's, or anyone else's, version of events.

Can You Still Recover If You Were Partly at Fault?

Illinois follows modified comparative negligence. Generally, an injured person who is 50% or less responsible for an accident may still recover damages. The compensation is reduced by the person's percentage of fault. Someone who is more than 50% responsible generally cannot recover from the other party.

For example, if a pedestrian has $500,000 in recoverable damages and is ultimately found 20% responsible, the award could be reduced by 20% to $400,000.

This does not mean the pedestrian in the recent Peoria crash was partly at fault. There is not enough publicly available information to make that determination. It does mean that civil liability is often more complicated than deciding whether one person was completely “at fault” or “not at fault.” A police officer's conclusion is one part of the picture. The full evidence determines whether there is a case worth pursuing.

Why You Should Have a Pedestrian Accident Lawyer Review the Crash

If police have already said the driver was not responsible, you should expect the insurance company to rely heavily on that finding. However, that does not mean you have to accept it without question.

At Strong Law Offices, we know how insurers defend serious pedestrian accident claims. If they can argue that the pedestrian caused the crash, they may try to deny the claim entirely or reduce what they pay.

Our job is to find the evidence they cannot ignore.

If you or a loved one was hit by a vehicle and police or an insurance company says the driver was not responsible, do not assume you are out of options. Let an experienced pedestrian accident lawyer independently review the evidence and determine whether you have a case.

Call Strong Law Offices at 309-688-5297 for a free consultation.

FAQs About Injury Claims After Police Say the Driver Wasn't at Fault

Can I file a claim before the police investigation is finished?

You do not necessarily need to wait for the police investigation to conclude before speaking with an attorney or beginning to preserve evidence. In fact, starting an independent investigation early can help protect evidence that may otherwise disappear.

What if I was unconscious and could not tell police what happened?

You may still be able to pursue a claim. Your memory is not the only evidence that can establish how a crash occurred. Witnesses, video, vehicle data, physical evidence, medical records, and expert analysis may help reconstruct the collision.

Should I talk to the driver's insurance company if police blamed me?

Be cautious. If fault is already disputed, a recorded statement can become important to the insurer's evaluation of your claim. Consider speaking with a lawyer before giving a recorded statement or signing documents.

What if there were no eyewitnesses?

A lack of eyewitnesses does not necessarily mean there is no way to prove what happened. Surveillance footage, vehicle damage, electronic data, roadway evidence, photographs, and accident reconstruction may provide important evidence.