What If I Am Partially At Fault for My Illinois Car Accident?

 Posted on July 22, 2022 in Car Accident

There are nearly an infinite number of issues that may cause a car accident. Driving under the influence, reckless driving, inattention to the road, and traffic law violations are some of the most common causes of auto accidents. However, in many cases, more than one factor leads to a car accident. For example, one motorist involved in an accident may have been driving over the speed limit while the other driver is texting and driving. You may wonder, “In car accidents involving shared blame, how is the at-fault driver determined? Can I still recover damages even if I am partially at fault for an accident?”

Comparative Negligence Laws in Illinois

The state of Illinois uses what is known as a “modified comparative negligence” model for shared-fault personal injury cases. In Texas law, this is referred to as “contributory fault.” This means that Illinois courts allow injured individuals to seek compensation for their injuries even if they were partially to blame for the injuries. In fact, as long as an injured party was not more than 50 percent at fault for the incident that caused the injuries, he or she can still bring a court action for damages.

In personal injury claims involving shared fault, the damages awarded to the injured person are reduced according to his or her percentage of fault. Determining each party’s degree of fault is a complicated process. Witness testimony, expert witnesses, physical evidence, and other forms of evidence may be used to determine fault.

An Illustrative Example

Assume you were driving a few miles per hour over the speed limit when another driver ran a red light and hit you. As a result, you might be found to be 10 percent at fault for the accident and the other driver could be found to be 90 percent responsible. In this case, the damages you will receive will be reduced by 10 percent. If the court determines that your medical bills, lost income, and other damages resulting from the accident add up to $200,000, you will receive $180,000.

The contributory fault threshold under Illinois law is 50 percent. An injured person may bring a personal injury claim if he or she is 50 percent or less responsible for his or her injuries. If the person is found to be more than 50 percent at fault, he or she cannot collect any damages.

Contact a Rolling Meadows Car Accident Lawyer

Car accident cases involving shared liability can be very complex. If you were hurt in an accident and you think that you may be assigned part of the blame, you need an attorney who can pursue the maximum compensation possible. Contact an experienced Arlington Heights car crash attorney to get the guidance you need. Call 847-797-8000 to schedule a free consultation with a member of the team at Newland & Newland, LLP today.

Sources:

https://www.illinoiscourts.gov/resources/a1751f33-c206-4771-abcf-33947ec2cff8/file

https://www2.illinois.gov/sites/Insurance/Consumers/ConsumerInsurance/Auto/Pages/comparative-negligence.aspx