If you were hurt in an accident, you may be wondering who is at fault and how that affects your case. In Illinois, the answer is not always simple. More than one person can share the blame. An experienced Illinois personal injury attorney can help you understand how fault is divided and what it means for your claim.
Illinois uses a rule called comparative negligence. This rule looks at the actions of everyone involved and assigns each person a percentage of fault. That percentage directly affects how much money you can recover.
What Is Comparative Negligence?
Comparative negligence is a way to divide responsibility after an accident. Instead of saying one person is completely at fault, the law allows fault to be shared.
For example, if one driver was speeding but the other driver ran a red light, both may be partly responsible. The court or insurance company will look at the facts and decide how much blame each person should take.
This system is known as modified comparative negligence in Illinois.
How Does Modified Comparative Negligence Work in Illinois?
The 51% rule applies in Illinois. This means that as long as you weren’t more than 50% at fault for the accident, you can secure compensation for your injuries.
If you are 50% or less at fault, your payment will be less by the amount you are at fault. But if you are more than 50% at fault, you cannot recover damages.
This is a simple way to think about it:
- If you are 20% to blame, your total recovery is reduced by 20%.
- If you are half at fault, your recovery is cut in half.
- You cannot recover damages if you are more than 50% at fault.
This rule makes it very important to show that you share as little fault as possible.
How Is Fault Determined?
The facts of the accident determine who is at fault. Insurance companies, judges, or juries will look at what happened and figure out who is to blame and how much.
They may take into account things like police accident reports, witness statements, photos or videos, whether any traffic laws were broken, and, in more complicated cases, expert opinions.
Fault can be one of the most argued parts of a personal injury claim because it isn’t always obvious.
Why Does Comparative Negligence Matter?
Comparative negligence has a direct impact on how much money you can recover. Your payment may be less even if you were only partly to blame.
For example, if you are found 30% at fault and your damages are $100,000, you would only get $70,000.
Insurance companies often try to make you more responsible so they can pay you less. This is one reason why it can be helpful to hire an Illinois personal injury attorney to protect your rights and present strong evidence on your behalf.
Can You Still File a Claim If You Were Partly at Fault?
Yes, you can still file a claim as long as you weren’t more than half to blame. A lot of people think they can’t get anything back if they made a mistake, but that’s not the case in Illinois.
You might still be entitled to damages for your injuries, medical bills, lost wages, and other losses, even if you were partly to blame. The most important thing is to stay below that 51% mark.
How Can You Protect Your Claim?
There are things you can do after an accident to help protect your claim and lower the chances of being found at fault.
It helps to move quickly and be careful about what you say and do. Getting strong evidence early on can have a huge impact on how fault is decided.
An Illinois personal injury attorney can also help you avoid making mistakes and make your case stronger from the start.
Call Fabbrini Law Group to Learn More
Knowing about comparative negligence can have a big impact on your case. It’s important to get clear answers if you’re not sure how fault might affect your claim.
Fabbrini Law Group can review your case, discuss your options, and help you figure out what to do next. Call (312) 494-3131 or fill out the contact form on our website to schedule a consultation.