Accidents Often Involve More Than One Responsible Party
Many accidents are not caused by just one person. A truck accident might involve a negligent driver, a trucking company that cut corners on maintenance, and a parts manufacturer that sold a defective brake component. A slip-and-fall might involve a property owner and a snow removal contractor.
When multiple parties share fault, Illinois law uses a system called joint and several liability to determine who pays what. This system has changed significantly over the years, and understanding the current rules is critical to recovering full compensation.
What Is Joint and Several Liability?
Joint and several liability is a legal rule that makes each defendant responsible for the entire amount of the plaintiff’s damages, regardless of that defendant’s individual share of fault.
Under traditional joint and several liability, if three defendants are each 33% at fault and the plaintiff’s damages are $300,000, the plaintiff can collect the full $300,000 from any single defendant. That defendant can then seek reimbursement from the other defendants, but the plaintiff does not have to chase down each one individually.
This rule exists to protect injured people. If one defendant has no money or no insurance, the other defendants cover the shortfall.
Illinois Law: 735 ILCS 5/2-1117
Illinois modified joint and several liability through 735 ILCS 5/2-1117. The current rule works as follows:
- A defendant who is found to be 25% or more at fault is jointly and severally liable for the plaintiff’s damages. This means the plaintiff can collect the entire judgment from that defendant.
- A defendant who is found to be less than 25% at fault is only severally liable. This means that defendant is only responsible for their proportionate share of the damages.
The 25% threshold is the dividing line between full and limited responsibility.
How This Works in Practice
Example: Three Defendants
You are injured in an accident and your damages total $500,000. The jury assigns fault as follows:
- Defendant A: 50% at fault
- Defendant B: 30% at fault
- Defendant C: 20% at fault
Defendants A and B are each 25% or more at fault. They are jointly and severally liable. You can collect the full $500,000 from either of them.
Defendant C is less than 25% at fault. Defendant C is only severally liable. You can only collect $100,000 (20% of $500,000) from Defendant C.
If Defendant A has no insurance and no assets, you can still collect the full $500,000 from Defendant B alone. Defendant B can then try to recover Defendant A’s share from Defendant A, but that is Defendant B’s problem, not yours.
Example: Low-Fault Defendant
Same scenario, but this time Defendant C has the deepest pockets and the best insurance. Even though Defendant C has millions in coverage, you can only collect $100,000 from them because their fault is below 25%. If Defendants A and B are judgment-proof, you may not be able to recover the remaining $400,000.
This is where the 25% threshold can hurt plaintiffs. A defendant with low fault but large resources cannot be forced to pay more than their share.
The Interaction with Modified Comparative Fault
Illinois also follows modified comparative fault under Public Act 103-0005. If you are 50% or more at fault, you cannot recover anything. If you are less than 50% at fault, your recovery is reduced by your fault percentage.
These two rules work together. First, the jury assigns fault percentages to everyone, including you. If your fault is 50% or more, the case is over. If your fault is below 50%, the jury calculates your damages and reduces them by your fault percentage. Then joint and several liability determines which defendants you can collect from and how much.
For more on how shared fault affects your claim, see our page on what happens when both drivers share fault in Illinois.
Types of Cases Where Joint and Several Liability Matters Most
Truck Accidents
Commercial truck accidents frequently involve multiple defendants. The driver may have been negligent. The trucking company may have violated federal hours-of-service regulations. A maintenance company may have failed to properly service the brakes. A cargo loading company may have overloaded the trailer.
Joint and several liability allows you to recover from the party with the best insurance, even if the primary negligent party (the driver) has limited coverage.
Car Accidents with Multiple Vehicles
Multi-vehicle car accidents on Illinois expressways often involve chain-reaction collisions. Several drivers may share fault. Joint and several liability ensures that if one driver is uninsured, the other at-fault drivers can be held responsible for the full amount.
Premises Liability
A property owner and a contractor may both be responsible for a dangerous condition. If the contractor created the hazard and the property owner failed to fix it, both may be liable. Joint and several liability applies if either is 25% or more at fault.
Product Liability
A defective product case might name the manufacturer, distributor, and retailer. Illinois product liability law can impose strict liability on each party in the chain of distribution.
Contribution and Indemnity Between Defendants
When one defendant pays more than their share under joint and several liability, they can seek contribution from the other defendants. The Illinois Joint Tortfeasor Contribution Act (740 ILCS 100) governs this process.
Key points about contribution in Illinois:
- Contribution is based on each party’s relative fault, not equal shares.
- A defendant who settles with the plaintiff in good faith is discharged from contribution claims by other defendants.
- The statute of limitations for contribution is two years from the date of payment.
Indemnity is different from contribution. Indemnity shifts the entire loss from one party to another. It applies in situations where one party is only technically liable (like a retailer in a product defect case) but the actual fault belongs to another (like the manufacturer).
How Insurance Companies Handle Multi-Defendant Cases
When multiple defendants are involved, their insurance companies often point fingers at each other. Each insurer tries to minimize their client’s fault percentage to avoid paying the bulk of the damages.
This can work in your favor. Defendants fighting among themselves can reveal evidence that strengthens your case. But it can also delay resolution and make dealing with insurance companies more complicated.
An experienced attorney can navigate these multi-party disputes and ensure that all responsible parties are held accountable.
Settling with One Defendant: The Good Faith Settlement
In multi-defendant cases, you may settle with one defendant before trial. Illinois law requires that settlements be made in good faith. Once a good faith settlement is approved, the settling defendant is removed from the case and cannot be forced to contribute to other defendants’ liability.
The remaining defendants get a credit for the settlement amount. If you settle with Defendant A for $100,000 and later get a $400,000 verdict against Defendant B, Defendant B only owes $300,000 (the verdict minus the settlement credit).
Strategic settlement decisions in multi-party cases require careful legal analysis.
Protecting Your Rights in Multi-Party Cases
If your accident involved multiple responsible parties, here is what you should know:
- Identify all potential defendants early. Missing a responsible party means missing a source of recovery.
- Investigate each party’s insurance coverage. The defendant with the most at fault is not always the one with the best insurance.
- Understand the 25% threshold. Defendants below 25% fault have limited liability, which affects your collection strategy.
- Act quickly. The two-year statute of limitations applies to all defendants. Do not wait.
Why You Need an Attorney for Multi-Party Claims
Multi-defendant cases are among the most complex personal injury claims. Identifying all responsible parties, calculating fault percentages, and navigating contribution and indemnity claims requires legal experience. Choosing the right attorney can make the difference between recovering your full damages and leaving money on the table.
Talk to Phillips Law Offices Today
If you were injured in an accident involving multiple responsible parties, you need an attorney who knows how to handle complex liability cases in Illinois.
Call Phillips Law Offices at (312) 346-4262 or contact us online for a free consultation.