What Happens If You're Partly at Fault for Your Accident in Chicago?

People hear the words "shared fault" and assume the case is over before it starts. That's not how Illinois law works. Let's get one thing out of the way. Just because you were partly at fault doesn't automatically mean you can't recover compensation. Under comparative negligence, responsibility can be divided between the people involved in an accident, and that division can have a major impact on your claim. Understanding where you fall on that scale is far more important than assuming the accident was entirely your fault.

Key Takeaways

• Being partly at fault does not automatically mean you lose your personal injury claim.
• Illinois uses comparative negligence to divide responsibility after accidents.
• Your compensation may be reduced based on your percentage of fault.
• Insurance companies often look for ways to increase your share of blame.

What Is Comparative Negligence?

Here's where people often get tripped up. They think admitting they made one mistake means they automatically lose their case. That's not how Illinois law works. Let's start with the legal term that scares everyone off: comparative negligence.

It sounds complicated, but the idea is pretty straightforward. Illinois recognizes that accidents aren't always 100% one person's fault. Sometimes both drivers, a driver and a pedestrian, or multiple parties contribute to what happened. The law allows fault to be divided among everyone involved instead of placing all the blame on one person’s shoulders.

Contributing to the Accident

Think about it this way. If another driver runs a red light and crashes into your car, the fact that you forgot to fill your gas tank that morning has nothing to do with the accident. It may have been careless, but it didn't cause the crash.

Now change the facts. You're texting while driving, and another driver makes an unsafe turn. Both actions may have contributed to the collision. That's the kind of situation where Illinois' comparative negligence rules come into play.

50% Rule

Why does this matter to you? Because your share of the fault can affect how much compensation you recover. If you're found to be 50% or less responsible for your injuries, you can still recover damages. Although, your award will be reduced by your percentage of fault. If you're more than 50% responsible, Illinois law generally prevents you from recovering damages from the other party.

Illinois' 50% Rule: Let's See It in Action

Legal rules are a lot easier to understand when you stop reading statutes and start looking at real-world examples.

Let's say you're injured in a car accident, and a jury decides your case is worth $100,000. The next question isn't simply, "Who caused the crash?" It's "How much responsibility does each person share?"

If you're found to be 20% at fault, your recovery is reduced by that same percentage. Instead of recovering $100,000, you would recover $80,000.

What if you're 50% at fault? You can still recover damages, but your award would be reduced by half, leaving you with $50,000.

Let’s look at a different outcome. The court tells you that you’re 51% responsible for your own injuries. That’s it, just one more percent. Illinois law will generally prevent you from recovering damages from the other party because you have the majority fault percentage. That one percent raises the stakes in your personal injury claim.

How Is Fault Determined After a Chicago Accident?

The issue of fault will be talked about during settlement negotiations with the insurance company. Both sides are going to posture with their evidence to negotiate the best terms for themselves. However, at some point, fault percentages will need to be formalized. If the parties can’t agree to a settlement amount, the case goes to trial. Then, the court will consider the admissible evidence to decide who was actually responsible.

• Photos and videos from the accident scene
• Statements from witnesses
• Vehicle damage
• Traffic citations
• Medical records
• Accident reconstruction experts, when the facts require it

You may notice that I didn’t include the police report in the above list. There’s a reason for that. Police reports are generally not admissible. There’s an exception if the police officer was a witness to the accident. The above list is also a general guideline. The specific evidence admitted by the court will vary depending on what you have/who you have to testify to them. For example, medical records do not necessarily come into evidence. However, if you call a doctor to testify, take an evidence deposition of that doctor, or the records are seen as a "business record," they could qualify to come in. The process to get evidence admitted into evidence by the court is much more complicated than simply dumping 1,000 pages of medical records on the table and moving they be admitted into evidence. Without proper foundation and testimony, they will not be admitted.

When you’ve been a practicing attorney for as long as I have, you’ve seen your fair share of unique cases. Even accidents that seem similar on their surface have their own unique quirks. Sometimes, the fault is obvious, with one party being the cause of the accident. Sometimes, fault is much murkier. Fault isn’t decided by who can tell the better story. It’s decided by what the evidence proves.

Feeling Responsible Is Not Being Legally Liable

Here's something I hear all the time: "If I'd only just..."

• left work five minutes later.
• taken another route.
• seen the other driver sooner.

That's why people sometimes convince themselves they don't have a case before anyone has looked at the evidence. Illinois law doesn't require you to prove you were perfect. It requires looking at what everyone involved actually did. If another driver's negligence caused or contributed to the crash, your own second-guessing isn't the end of the conversation.

Insurance Companies Will Look for Ways to Shift Blame

After an accident, you're trying to recover from your injuries. The insurance company is trying to determine how much it has to pay. Expect the insurance company to look for evidence that you are partially responsible for the accident. Evidence showing you were negligent may be brought into the conversation. The insurance company knows that reducing their payout starts with increasing your fault percentage.

Here’s Where I Help People

Being partly at fault is not the same as having no case. Illinois' comparative negligence rules can be complicated. The insurance companies don't always see the facts the same way you do. Before you accept someone else’s version of events, talk with a lawyer.

Talk with Stephen Hoffman before you accept fault for your accident.