What Is Illinois’ Comparative Negligence Law?

Discovering that you share some blame for an accident can be unsettling. Does this mean you won’t get compensation for your injuries? Will you be stuck footing massive medical bills for a small mistake? This fear is understandable, but don’t stress. Illinois doesn’t automatically bar compensation just because you share fault; its comparative negligence law protects you.

Brassfield & Krueger has been helping injury victims secure compensation for over 75 years, many of whom were partially at fault. This post explains how Illinois’ comparative negligence system works and what it means for your claim.

What Is Comparative Negligence?

Comparative negligence is a legal framework that determines how responsibility is divided when more than one party shares fault for an accident. Instead of the older, harsher “all-or-nothing” contributory negligence system (where any level of fault could bar compensation), Illinois uses a “modified comparative negligence” system. This approach acknowledges that accidents often involve shared responsibility, allowing injured parties to recover compensation, provided they meet specific conditions.

Illinois’ 51% Bar Rule: What Does It Mean for You?

Under Illinois law, you can recover compensation for your injuries if you are found to be 50% or less at fault for the accident. If you are found 51% or more at fault, you are barred from recovering damages entirely.

Even if you qualify to recover compensation, the amount you receive will be reduced by how much you’re at fault. For example:

• Let’s say your total damages, such as medical bills, lost income, and pain and suffering, amount to $100,000.
• If you are found 20% at fault, your compensation will be reduced by that 20%.
• This means you would receive $80,000 instead of the full $100,000.

This rule enables accident victims to seek compensation while promoting a fair distribution of fault. However, it is also critically important to minimize your percentage of fault so that you can recover as much as possible.

How Are Fault Percentages Decided?

Determining fault isn’t an exact science, and several factors go into assigning fault percentages. Courts, insurance adjusters, and attorneys will typically consider:

• Accident reports: These provide a professional record of what happened, including who may have violated traffic laws or safety regulations.
• Physical evidence: Photos of vehicle damage, the accident scene, skid marks, and injuries are all critical pieces of evidence.
• Witness statements: Eyewitness testimony can help clarify what happened and identify who was at fault.
• Professional analysis: Professionals such as accident reconstructionists, medical practitioners, and engineers play a key role in analyzing the circumstances surrounding the crash.
• Traffic laws and regulations: Violations such as speeding, failure to yield, or distracted driving are often used to determine fault.

It’s worth noting that insurance companies often work to assign higher fault percentages to injured parties as a way to reduce their payout. This is why having experienced legal representation is vital. Your attorney can challenge inflated fault percentages and help build a case that supports your claim.

Steps to Protect Your Claim

If you’ve been injured in a car accident, taking the right steps early can significantly improve your chances of recovering fair compensation. Here’s what you should do:

1. Gather Evidence Immediately

The moments right after an accident are crucial for collecting evidence. Take photos of the accident scene, road conditions, vehicle damage, and your injuries. If there are any witnesses, get their contact information. Obtain a copy of the police report and keep all records related to your injuries. This evidence will be essential in proving your case.

2. Avoid Admitting Fault

It’s natural to want to apologize or explain yourself after an accident, but even a simple “I’m sorry” can be seen as an admission of fault. Be cautious about what you say to other drivers, insurance adjusters, or even on social media. Just stick to the facts and let your attorney take care of everything else.

3. Work with an Experienced Attorney

Making sense of Illinois’ comparative negligence system can be difficult. An injury attorney can help you collect evidence, negotiate with insurance companies, and challenge fault percentages that may unfairly reduce your compensation. Their goal is to maximize your recovery and protect your rights.

Don’t Give Up on Your Right to Compensation

If you’ve been told you share fault for an accident, it’s important not to give up. Illinois law doesn’t shut the door on compensation just because the situation is complicated. Instead, it offers tools to promote fairness and accountability.

At Brassfield & Krueger, we’ve spent decades helping injury victims overcome challenges, even in cases involving partial fault. Contact us today to schedule a consultation and learn how we can assist with your claim.