Illinois Changed Its Fault Rules in 2023
Illinois made a major change to its personal injury law in 2023. The state moved from a pure comparative fault system to a modified comparative fault system. This change affects every injury claim filed in the state.
If you were hurt in an accident and share some of the blame, this law determines whether you can recover anything at all. Understanding how it works is critical before you file a claim.
What Is Comparative Fault?
Comparative fault is a legal rule that assigns a percentage of blame to each party in an accident. If two drivers collide and one is 70% at fault while the other is 30% at fault, the law uses those percentages to adjust the damages each party can recover.
Illinois used to follow “pure” comparative fault under 735 ILCS 5/2-1116. Under that old system, you could recover damages even if you were 99% at fault. Your recovery was simply reduced by your percentage of fault.
That system no longer exists in Illinois.
The New Modified Comparative Fault Rule
Public Act 103-0005, signed into law on January 1, 2023, changed Illinois to a modified comparative fault state with a 50% bar. Here is what that means in plain terms:
- If you are 50% or more at fault for the accident, you recover nothing.
- If you are 49% or less at fault, you can still recover damages, but the amount is reduced by your percentage of fault.
This is a hard cutoff. There is no wiggle room. At 50% fault, your claim is barred entirely.
How This Plays Out in Real Cases
Example 1: You Are 20% at Fault
Say you were in a car accident and suffered $100,000 in damages. The jury finds you were 20% at fault because you were slightly speeding. The other driver ran a red light and was 80% at fault.
Under the new law, your $100,000 award is reduced by 20%. You receive $80,000.
Example 2: You Are 50% at Fault
Same accident, but the jury decides both drivers share equal blame. You are 50% at fault. The other driver is 50% at fault.
Under the new law, you get nothing. Zero. The 50% threshold bars your entire claim.
Example 3: You Are 49% at Fault
If the jury finds you 49% at fault instead of 50%, you can recover. Your $100,000 in damages would be reduced to $51,000. One percentage point makes a $51,000 difference.
Why This Change Matters for Your Claim
The shift from pure to modified comparative fault has several practical consequences.
Insurance Companies Fight Harder on Fault
Under the old law, fault percentages only affected how much you received. Now, fault percentages can eliminate your claim entirely. Insurance adjusters know this. They will work aggressively to push your fault percentage to 50% or above.
If you have questions about how an insurer is handling your claim, our page on insurance and liability covers common tactics.
Evidence Preservation Is More Important Than Ever
Because the difference between 49% and 50% fault can mean the difference between a six-figure recovery and nothing, evidence matters enormously. Dashcam footage, witness statements, police reports, and accident reconstruction can all shift fault percentages.
Settlement Negotiations Change
Insurance companies now have more leverage in cases where fault is disputed. If they can argue you were at least 50% responsible, they can threaten to pay nothing. This changes the dynamics of every settlement negotiation.
What About Cases Involving Multiple Parties?
Many accidents involve more than two parties. Truck accidents often involve the truck driver, the trucking company, a maintenance provider, and sometimes a parts manufacturer. Motorcycle accidents may involve multiple vehicles.
Under the modified comparative fault rule, your fault percentage is compared to the combined fault of all other parties. If a jury assigns you 30% fault, Driver B 40% fault, and Driver C 30% fault, you are below the 50% threshold. You can recover from both Driver B and Driver C, minus your 30%.
The math gets complicated fast. But the core rule stays the same: your fault must be less than 50% of the total.
How Juries Decide Fault Percentages
Juries consider all the evidence and assign a specific percentage of fault to each party. They look at:
- Traffic violations (speeding, running lights, failure to yield)
- Distracted driving
- Impaired driving
- Road conditions and visibility
- Whether either party could have avoided the accident
- Expert testimony from accident reconstructionists
There is no formula. Jurors use their judgment. This is why presenting a strong case with clear evidence is so important under the new law.
Does This Apply to All Injury Cases?
The modified comparative fault rule applies to most personal injury and wrongful death cases in Illinois. It covers car accidents, slip and falls, medical malpractice, product liability, and workplace injuries (outside the workers’ compensation system).
There are some exceptions. Workers’ compensation claims follow their own rules. Certain strict liability claims may also be treated differently.
What If Both Drivers Share Fault?
Shared fault cases are now the most contested type of claim in Illinois. When both parties contributed to an accident, the fight over fault percentages becomes the central battle of the case.
We have a detailed breakdown of how these cases work on our page about what happens when both drivers share fault in Illinois.
The Old Law vs. the New Law: A Quick Comparison
Before 2023 (Pure Comparative Fault):
- You could recover damages even at 99% fault.
- Your recovery was reduced by your fault percentage.
- No threshold or cutoff existed.
After 2023 (Modified Comparative Fault):
- You must be less than 50% at fault to recover anything.
- At 50% or above, your claim is completely barred.
- Below 50%, your recovery is reduced by your fault percentage.
How to Protect Your Claim Under the New Law
Here are practical steps to take after an accident in Illinois:
- Call the police. An official accident report documents what happened from an independent source.
- Take photos and video. Capture the scene, vehicle damage, road conditions, traffic signals, and your injuries.
- Get witness information. Witnesses can corroborate your version of events.
- Do not admit fault. Anything you say at the scene can be used to increase your fault percentage.
- See a doctor immediately. Gaps in medical treatment give insurers ammunition to argue your injuries are not serious or are unrelated to the accident.
- Talk to a lawyer before the insurance company. Adjusters may try to get a recorded statement that pins more fault on you.
Why Legal Representation Matters More Now
The stakes are higher under modified comparative fault. A skilled attorney can investigate the accident, gather evidence, work with experts, and present the strongest possible case for minimizing your fault percentage. The difference between 49% and 50% can be worth hundreds of thousands of dollars.
Hiring the right lawyer is one of the most important decisions you will make after an accident.
Talk to Phillips Law Offices Today
If you were injured in an accident in Illinois, do not wait to get legal advice. The new comparative fault law makes it more important than ever to have an experienced attorney on your side from the start.
Call Phillips Law Offices at (312) 346-4262 or contact us online for a free consultation.