If you’ve been injured in an accident in Illinois, one of the first questions insurance adjusters will ask is whether you share any blame. Under Illinois law, your percentage of fault directly impacts how much compensation you can recover—and if you’re found more than 50% responsible, you may receive nothing at all.
What Is Comparative Fault in Illinois?
Illinois follows a modified comparative negligence system under 735 ILCS 5/2-1116. This statute establishes that injured parties can recover damages even if they were partially at fault—but only if their responsibility doesn’t exceed 50% of the total fault.
Here’s how it works in practice: If a jury determines your total damages are $100,000 but you were 30% at fault, your recovery is reduced by your percentage of blame. You would receive $70,000 instead of the full amount.
The 50% Bar Rule
Illinois’s comparative fault system includes a critical threshold known as the “50% bar.” Under 735 ILCS 5/2-1116, if the trier of fact determines that the injured plaintiff’s contributory fault is more than 50% of the proximate cause of the injury, the plaintiff is barred from recovering any damages whatsoever.
| Your Fault % | Total Damages | Your Recovery |
|---|---|---|
| 0% | $100,000 | $100,000 |
| 25% | $100,000 | $75,000 |
| 50% | $100,000 | $50,000 |
| 51% | $100,000 | $0 |
How Fault Is Determined in Illinois Injury Cases
Determining comparative fault involves examining all evidence surrounding the accident. In Illinois courts, several factors are considered:
- Witness testimony from people who observed the accident
- Physical evidence including photographs, video footage, and accident reconstruction
- Police reports and any citations issued at the scene
- Expert opinions from accident reconstruction specialists
- Medical records documenting injuries and their causes
- Violation of traffic laws or safety regulations by either party
Common Scenarios Where Fault Is Shared
Comparative fault issues arise frequently in Chicago personal injury cases:
Car accidents: A driver runs a red light and hits you, but you were traveling 15 mph over the speed limit. The jury might find you 20% at fault for speeding, reducing your recovery accordingly.
Slip and fall cases: You slip on an unmarked wet floor in a grocery store, but you were texting while walking. The property owner may argue you share responsibility for not paying attention.
Pedestrian accidents: A driver hits you in a crosswalk, but you entered the crosswalk against the signal. Both parties may share fault percentages.
Insurance Company Tactics to Increase Your Fault Percentage
Insurance adjusters are trained to find ways to attribute fault to injured claimants. Every percentage point of fault they can assign to you directly reduces what their company must pay. Common tactics include:
- Recorded statements: Adjusters ask leading questions designed to elicit admissions of fault
- Social media surveillance: Investigators monitor your online activity for evidence of activities contradicting your claimed injuries
- Selective evidence interpretation: Emphasizing any evidence suggesting your negligence while downplaying the defendant’s fault
- Pre-existing conditions: Arguing your injuries resulted from prior conditions rather than the accident
Protecting Your Rights Under Illinois Comparative Fault Laws
Because fault allocation so dramatically affects your compensation, protecting your rights from the moment of injury is critical:
Document everything: Photograph the accident scene, your injuries, and any hazardous conditions. Collect contact information from witnesses.
Avoid admitting fault: Never apologize or accept blame at the accident scene, even partially. Statements like “I should have been more careful” can be used against you.
Don’t give recorded statements: Politely decline to provide recorded statements to insurance companies without first consulting an attorney.
Seek immediate medical attention: Prompt medical treatment creates a clear record connecting your injuries to the accident.
Multiple Defendants and Comparative Fault
When more than one defendant is responsible for your injuries, Illinois law under 735 ILCS 5/2-1117 addresses how fault is allocated among them. Under the joint and several liability provisions, defendants found more than 25% at fault may be held responsible for the entire amount of medical expenses and economic damages.
For non-economic damages (pain and suffering), each defendant is only liable for their proportionate share of fault. This means if one defendant is judgment-proof or uninsured, you may not be able to collect their share of non-economic damages from other defendants.
Why Legal Representation Matters in Comparative Fault Cases
The difference between being found 49% at fault (recovering more than half your damages) and 51% at fault (recovering nothing) can be worth hundreds of thousands of dollars. Experienced Chicago personal injury attorneys understand how to:
- Gather and preserve evidence supporting your version of events
- Counter insurance company attempts to inflate your fault percentage
- Present compelling arguments to juries about fault allocation
- Negotiate settlements that fairly reflect each party’s responsibility
- Work with accident reconstruction experts to establish liability
At Phillips Law Offices, our attorneys have decades of experience navigating Illinois comparative fault cases. We understand the tactics insurance companies use and know how to protect your right to fair compensation. Contact us today for a free consultation to discuss how comparative fault may affect your personal injury claim.
