Being involved in an accident – even one where you share some blame – doesn’t automatically bar you from seeking compensation under Illinois personal injury law. Here in Northern Illinois, courts apply a modified comparative‑fault system: as long as your percentage of fault does not exceed 50%, you can recover damages, reduced in proportion to your share of responsibility. Whether your crash occurred on Randall Road in Algonquin, a suburban street in Huntley, or along Perryville Road in Rockford, understanding how comparative fault works—and how seasoned Rockford personal injury lawyers can minimize your percentage—can mean the difference between a partial recovery and no recovery at all.
What Is Comparative Fault in Illinois?
In many states, any fault on a plaintiff’s part automatically disqualifies them. Illinois, however, follows a modified comparative‑fault approach. Under 735 ILCS 5/2‑1116, you may recover damages if you are 50% or less at fault for the accident. Your total award is reduced by your percentage of fault. For example:
- If a jury awards $100,000 but finds you 20% responsible, your recovery is reduced by 20% to $80,000.
- If you are found 51% or more at fault, you recover nothing.
This rule applies to all personal injury claims—car accidents, truck collisions, motorcycle crashes, pedestrian injuries, slip and falls, and more—whether you consult Algonquin personal injury lawyers or a Northern Illinois Car Accident Attorney.
How Courts and Insurers Determine Fault Percentages
1. Evidence of Negligence
Both parties present evidence showing how the accident occurred. Critical elements include:
- Police Reports: Official findings on speed, right‑of‑way, and traffic violations.
- Crash Reconstruction: Expert analysis of skid marks, impact angles, and vehicle damage.
- Traffic‑Camera or Surveillance Footage: Objective video showing driver behavior.
- Witness Statements: Bystander or passenger accounts of pre‑crash actions.
2. Comparative Analysis
Judges or juries assess each party’s conduct:
- Plaintiff’s Actions: Were you speeding, texting while driving, or carrying excessive speed?
- Defendant’s Actions: Did the other driver run a red light, drift into your lane, or drive intoxicated?
- Contextual Factors: Road conditions, weather, lighting, vehicle defects, or roadway design flaws.
3. Assigning Percentages
Ultimately, fault percentages are a reflection of relative blame:
|
Party |
Percentage of Fault |
|
You (Plaintiff) |
Up to 50% |
|
Other Driver(s) |
Remaining % |
If multiple defendants share liability—such as a distracted driver and a negligently maintained vehicle—you may share fault with more than one party. However, your total fault must stay at or below 50% to retain the right to recover.
Common Myths About “Sharing Fault”
- Myth #1: “If I’m even 1% at fault, I can’t file.”
Reality: You can file if your fault is 50% or less. A small share simply reduces your award. - Myth #2: “Insurers always blame the plaintiff.”
Reality: Insurers may attempt to assign you a higher fault percentage to reduce payouts. Strong evidence and experienced representation from Rockford personal injury lawyers can challenge inflated fault claims. - Myth #3: “Comparative fault only applies in car accidents.”
Reality: It applies across all Illinois personal injury law cases—truck crashes, motorcycle accidents, pedestrian injuries, slip‑and‑fall claims, and more.
How Partial Fault Affects Your Claim Value
When calculating damages, your liability percentage directly impacts:
- Economic Damages:
- Medical expenses (ER visits, surgeries, rehab)
- Lost wages and diminished earning capacity
- Property damage (vehicle repair, motorcycle replacement)
- Medical expenses (ER visits, surgeries, rehab)
- Non‑Economic Damages:
- Pain and suffering
- Emotional distress and loss of consortium
- Loss of enjoyment of life
- Pain and suffering
For example, if you incur $50,000 in medical bills and the jury finds you 30% at fault, you recover 70% of your total damages (70% of $50,000 = $35,000), plus your share of non‑economic awards.
What You Can Do to Minimize Your Fault Percentage
- Document Immediately
- Take photos of vehicle positions, skid marks, and road conditions.
- Record witness names and contact details.
- Preserve any dash‑cam or helmet‑cam footage.
- Take photos of vehicle positions, skid marks, and road conditions.
- Avoid Early Admissions
- Never admit fault at the scene or give detailed statements to insurers without legal advice.
- Insurers may use your words to assign greater blame.
- Never admit fault at the scene or give detailed statements to insurers without legal advice.
- Seek Professional Reconstruction
- An accident‑reconstruction specialist can demonstrate the other party’s greater share of fault.
- Gather Medical Records Promptly
- Early medical documentation ties your injuries to the accident and counters defenses that pain pre‑existed.
- Consult Local Experts
- Algonquin personal injury lawyers know local road patterns and can highlight factors like poor intersection design or inadequate street signage.
When to Contact a Northern Illinois Personal Injury Lawyer
If you believe you share some fault—whether in a car, truck, or motorcycle crash, a pedestrian incident, or a slip‑and‑fall—reach out before speaking to adjusters. A skilled Northern Illinois personal injury lawyer will:
- Evaluate Fault Scenarios: Analyze evidence to argue for your lowest possible percentage.
- Handle Negotiations: Push back on inflated blame that insurers may assign.
- File Suit if Needed: Prepare a lawsuit before Illinois’s two‑year deadline, preserving your ability to recover.
Working with reputable Rockford personal injury lawyers or Algonquin personal injury lawyers ensures you benefit from local insight and a strong track record in Illinois personal injury law.
FAQs on Comparative Fault
Q: What if I’m more than 50% at fault?
If you exceed 50% fault, you generally cannot recover any damages under Illinois law. That’s why early legal strategy focuses on assigning fault accurately.
Q: Can settlement negotiations change the fault percentage?
Yes. Many cases settle before jury apportionment. A fair settlement should reflect an agreed fault split—your lawyer negotiates to ensure your share is as low as possible.
Q: Does comparative fault apply to wrongful‑death claims?
Yes. Illinois extends modified comparative‑fault rules to wrongful‑death actions, reducing damages awarded to surviving family members by the deceased’s share of fault.
Q: How do courts handle multiple defendants?
Each defendant’s fault is calculated separately, but your total percentage must remain 50% or below.
Next Steps
- Document Your Accident: Photos, medical records, police reports, and witness information.
- Avoid Self‑Judgment: Even if you think you bear some fault, you may still recover under Illinois’s modified comparative‑fault rule.
- Contact Us: Shindler & Shindler offers a free initial consultation with Northern Illinois Car Accident Attorneys and motorcycle, truck, and slip‑and‑fall experts.
Comparative fault can feel daunting, but it doesn’t have to end your claim. With clear strategy and skilled representation from Northern Illinois personal injury lawyers, you can pursue the compensation you deserve—even when you share some blame. Call Shindler & Shindler today to learn how we’ll fight for you every step of the way.