In some accidents, one person is 100% at fault while the other did nothing wrong. More often, though, multiple people contribute to what happened in some way.

Take a car accident, for example. A driver runs a red light and crashes into your vehicle; however, you were speeding at the time of the collision. In this scenario, you might share some responsibility as you likely could have mitigated the damage of the crash—or avoided it entirely—had you been driving appropriately.

In these scenarios, people often wonder whether it’s still possible to pursue compensation from the other driver. The short answer is yes, so long as you were not primarily at fault. That’s because many states, like Illinois, have comparative negligence laws. Below, we take a closer look at how these laws work and what they may mean for your claim.

What Is Comparative Fault in Illinois?

Each state is free to set its own laws around fault and compensation in personal injury cases. Most states, though not all, use some form of a comparative fault (also called “comparative negligence”) standard.

Under comparative fault laws, you may still recover financial compensation if you were partially at fault for an accident. However, any compensation you receive will generally be reduced by your percentage of fault.

Some states use what is known as a “pure” comparative negligence standard, which means that an injured party can pursue compensation even if they were mostly at fault. This means that even if someone was as much as 99% at fault for an accident, they would still be eligible to recover compensation, though only 1% of their total damages.

However, this pure comparative negligence standard can lead to very complicated court cases. That’s why Illinois and many other states have adopted “modified” comparative negligence. Typically, this means that you are barred from recovering compensation if you were mostly at fault, usually with a 50% or 51% bar. In Illinois specifically, you are only eligible to recover financial compensation if you were 50% or less at fault for a crash.

Is Comparative Fault the Same as Contributory Negligence?

If you don’t have a legal background, “comparative fault” and “contributory negligence” may sound very similar. However, these terms refer to two very different legal standards.

Comparative fault laws reduce your compensation if you’re partially responsible for your accident. But in states with contributory negligence standards, you may not recover any compensation if you contributed to your accident in any way. Being even 1% at fault disqualifies you from recovering damages.

Over time, most states have moved away from these strict contributory negligence standards. Illinois adopted comparative negligence rules in the 1980s. However, in Virginia, Alabama, North Carolina, Maryland, and Washington, D.C., contributory negligence laws remain.

Illinois’ Comparative Fault Rule Explained

The best way to understand how the Illinois modified comparative negligence system works is to look at an example.

Imagine that you’re injured in a car accident at a four-way stop. The other driver was texting at the time, and they failed to come to a stop before proceeding through the intersection. However, you failed to properly use a turn signal.

A court decides that the other driver was 80% at fault for the crash, and you were 20% at fault. If a jury awards you $100,000 in damages, that amount must be reduced by 20%. You would ultimately recover damages of $80,000.

Now imagine that you’re involved in a different accident. This time, the court decides that you’re 55% at fault. Under Illinois’ modified comparative negligence laws, you would be barred from recovering any compensation.

Types of Damages Affected by Comparative Fault

In personal injury lawsuits, financial compensation for losses is referred to as “damages.” There are two main types of damages you can collect in these cases:

Economic damages: These compensate you for measurable financial losses related to the accident. Examples include medical expenses, rehabilitation costs, lost wages, and reduced earning capacity if your injuries affect your ability to work in the future.
Non-economic damages: These compensate you for the personal impact of your injuries that do not have a clear dollar value. This can include pain and suffering, emotional distress, loss of enjoyment of life, and the overall effect the injury has on your daily life.

If you win your case but the court finds that you were 1% to 50% at fault, your compensation will be reduced accordingly. If you’re 51% at fault or more, you would not be allowed to recover any financial compensation under Illinois’ modified comparative fault rule.

How Fault Is Determined

Assigning fault in an accident isn’t always straightforward. When multiple parties may share responsibility, determining each person’s percentage of fault can become a major point of contention. For injury victims, this can make it harder to recover the full compensation needed to cover medical bills, lost income, and other losses.

Working with a personal injury lawyer is crucial in these situations. A lawyer can help gather evidence, consult experts, and present a clear case showing how the accident occurred and who is responsible.

Common types of evidence used to establish fault include:

Camera footage or surveillance video of the accident
Witness statements and testimonies
Expert analysis, such as accident reconstruction
Relevant traffic laws and regulations
Data from vehicle event recorders (“black boxes”)

This evidence is what a judge, jury, or opposing party will use to assign fault and calculate your potential compensation.

If You Contributed to an Accident, Let Power Rogers Help You Understand Your Options.

Illinois’ modified comparative negligence laws might sound simple enough in theory. But when it comes to recovering compensation, partial fault cases can be tricky. That’s why it’s so important to secure quality legal representation early on.

The Power Rogers team understands how comparative negligence laws may shape the outcome of your personal injury claim. We’ve recovered more than $6 billion for our clients, and we hope to make a difference in your case, too.

If you’ve been involved in an accident where you were partially at fault, don’t just assume you have no recourse. Contact us today to see what we can do for your case.