If you’ve been injured in a car accident or other type of incident in Illinois, one of the first things worth learning about is how the state handles the issue of contributory fault. An experienced Chicago accident lawyer can help explain how these laws may affect your case. Illinois follows a modified comparative negligence standard, and the way it works can directly affect how much money you’re able to recover in a personal injury claim.
In short, this standard means that you can still pursue compensation even if you were partially at fault for your accident, but only up to a point. Continue reading to learn more about how the law works.
How Does Modified Comparative Negligence Work in Illinois?
Under 735 ILCS 5/2-1116, Illinois uses what’s known as a modified comparative fault standard with a 51% bar. This means you can recover compensation in a personal injury case as long as your share of fault for the accident does not reach 51%. If you’re found to be 51% or more responsible, you’re barred from recovering anything at all.
When your share of fault falls below that threshold, your compensation is reduced by your percentage of responsibility. For example, if your total damages are worth $200,000 and you’re found to be 20% at fault, your recovery would be reduced to $160,000. If you’re 49% at fault, you’d still be eligible to recover, but your award would be cut nearly in half.
The key takeaway is that every percentage point matters. The closer your assigned percentage of fault reaches that 51% line, the more money you stand to lose.
How Is Fault Determined in an Illinois Personal Injury Case?
Fault in an Illinois personal injury case is determined largely based on the available evidence. There’s no single formula that the court will use. Instead, the judge or jury will look at all of the facts and decide what percentage of responsibility belongs to each party involved.
Some of the evidence that typically plays a role in this determination includes:
- The police report from the accident
- Testimony from eyewitnesses
- Photos and video from the scene
- Expert opinions from accident reconstruction specialists
- Medical records linking your injuries to the incident
- Any traffic citations issued at the scene
Insurance companies will conduct their own investigation as well, though their conclusions won’t always match what the evidence actually shows. In fact, their goal is to assign you as much fault as possible in order to reduce their liability as much as possible.
This is one of the reasons why having a personal injury attorney on your side may be wise, as they can advocate for your interests throughout the claims process and work to minimize the level of fault you’re assigned.
Contact a Personal Injury Lawyer for Help Responding to Allegations of Contributory Fault
If you’ve been involved in an accident in Illinois, reach out to a Chicago personal injury lawyer at Meyers & Flowers for a free consultation at (630) 576-9696. Knowing where you stand on the contributory fault issue early in the process puts you in a much better position to protect the value of your claim.
We can answer any questions you might have when we meet to review your case and we also work on a contingency fee basis, so you only pay us for our work if we win compensation for you.