Understanding Illinois Modified Comparative Fault: Can You Recover Compensation If You Were Partially At Fault?

Many people believe they cannot recover compensation after an accident if they contributed to what happened. However, Illinois law may still allow an injured person to pursue compensation even when they share some responsibility for an accident.

Illinois follows a legal doctrine known as modified comparative negligence, which governs how fault is allocated and how compensation may be awarded in personal injury cases.

Understanding Illinois Modified Comparative Negligence

Under Illinois law (735 ILCS 5/2-1116), an injured may recover damages as long as they are 50% or less at fault for the accident.

However, any compensation awarded will be reduced by the percentage of fault assigned to the injured party.

If an individual is found to be more than 50% responsible for the accident, they are generally barred from recovering damages from the other party.

How the Law Works

When an accident occurs, insurance companies, attorneys, or a jury may evaluate the evidence and assign a percentage of fault to each party involved. The total amount of damages is then reduced according to the injured person's share of responsibility.

The 50% Rule

• If you are 0% to 50% at fault, you may still recover compensation.

• Your recovery will be reduced by your percentage of fault.

• If you are more than 50% at fault, you generally cannot recover damages.

Examples of Modified Comparative Negligence

Example 1: Recovery Allowed

Suppose you suffer $100,000 in damages following a motor vehicle accident.

If you are found to be 30% at fault, your compensation would be reduced 30%.

• Total Damages: $100,000

• Fault Percentage: 30%

• Compensation Recovery: $70,000

Because your fault does not exceed 50%, you may still recover compensation.

Example 2: Recovery Barred

Now assume your damages total $100,000, but you are found to be 51% at fault.

Because your fault exceed 50%, Illinois law generally prevents you from recovering any damages from the other party.

How Fault Is Determined

Determining fault often involves reviewing multiple forms of evidence, including:

• Police reports

• Witness statements

• Traffic laws and citations

• Photographs and videos

• Vehicle damage

• Medical record

• Accident reconstruction analysis

Fault determinations can significantly affect the value of a personal injury claim.

Why Comparative Negligence Matters

Insurance companies frequently investigate whether an injured person can contributed to an accident. In some cases, insurers may attempt to assign a greater percentage of fault to

reduce the amount they must pay.

Even small increase in fault can substantially reduce a settlement or verdict. For that reason, it is important to understand your rights and have an experienced attorney evaluate the circumstances of your case.

Don't Assume You Don't Have a Claim

Being partially responsible for an accident does not automatically prevent you from recovering compensation under Illinois law. Many injured individuals may still be entitled to recover damages even when they share some fault for the incident.

If you have been injured in an accident in Illinois, A & L, Licker Law Firm, LLC can review your case, explain how Illinois comparative negligence laws may apply, and help you understand your legal options.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. For guidance regarding your specific situation, please contact A & L, Licker Law Firm, LLC directly.