If you were injured in a car accident in or near Peoria, Illinois, you may still recover compensation even if you were partly at fault. Under Illinois’ modified comparative negligence law, you can recover damages if you are 50% or less responsible, but your share of fault will reduce your compensation.
At Schierer & Ritchie, LLC, attorney Charles Schierer helps injured individuals navigate car accident claims and disputes over fault. Our team understands the challenges involved and is here to help you protect your rights. We are on your side when the insurance company seeks to shift blame to you in order to save money.
Here’s what you need to know about Illinois’ 50% rule, how fault is determined, and how it may affect your injury claim.
What Is Comparative Fault in Illinois?
Comparative fault, also called comparative negligence, is a legal rule that determines how an accident’s fault affects an injured person’s compensation. Big insurance companies save money by taking advantage of this important part of the law. You need a lawyer on your side who has your best interest in mind.
Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. This means that being partially responsible for an accident does not automatically prevent you from pursuing compensation. For example, suppose you were driving through an intersection in Peoria when another driver ran a red light and struck your vehicle. However, evidence also shows that you were speeding at the time of the crash. Both drivers’ actions may be considered when determining fault.
If you are found to be 20% responsible and the other driver is 80% responsible, you may still recover compensation. Your total damages would be reduced by 20%. Needless to say, the big insurance companies try everything they can to shift blame your way. We help you push back!
The important distinction is that Illinois does not require you to be completely free from fault to pursue an injury claim. Understanding how your actions and the other driver’s negligence contributed to the accident is essential, particularly when proving negligence in an Illinois car accident case and determining each driver’s share of responsibility.
How Does the 50% Rule Work in Illinois Car Accident Cases?
Under Illinois law, the percentage of fault assigned to you determines whether you can recover compensation and how much you may receive.
Here’s how the rule generally works:
- Less than 50% at fault: You may recover damages, reduced by your percentage of fault.
- Exactly 50% at fault: You may still recover damages, but your compensation is reduced by half.
- More than 50% at fault: You are barred from recovering damages under Illinois’ comparative fault rule.
Even a small difference in fault percentage can significantly affect your claim. That is why accurately determining responsibility is an important part of pursuing compensation after a car accident.
How Is Fault Determined After a Car Accident?
Determining fault is not always as simple as identifying which driver received a traffic ticket. Instead, insurance companies, attorneys, and, when necessary, the courts may examine different types of evidence to understand how the accident occurred.
Several factors can help establish responsibility, including:
1. Police Reports and Accident Documentation
A police report may contain information about the drivers, witnesses, road conditions, and circumstances surrounding the crash. Although a police report does not automatically determine legal liability, it can provide useful information during an investigation.
2. Photos, Videos, and Witness Statements
Photographs of vehicle damage, skid marks, traffic signals, and the surrounding roadway may help explain how the collision occurred.
Witness statements and available traffic camera or dashcam footage may also help clarify what happened, especially when the drivers provide conflicting accounts. These steps can preserve important evidence and protect your injury claim if responsibility is disputed.
3. Driver Behavior and Traffic Violations
Investigators may consider whether either driver was speeding, distracted, following too closely, failing to yield, or violating traffic signals.
For example, a driver making an unsafe left turn may bear responsibility for a collision. However, if the approaching driver was also speeding, both actions may be relevant to determining fault.
Each accident has its own circumstances, and you should evaluate responsibility based on the available evidence.
What Happens When Both Drivers Are at Fault?
Both drivers can contribute to the same accident.
Consider a collision at an intersection in downtown Peoria. One driver attempts to make a left turn without yielding to oncoming traffic, while the approaching driver is traveling above the speed limit.
The turning driver may be primarily responsible for failing to yield. However, the other driver’s speed may also have contributed to the collision or the resulting injuries.
Under Illinois’ comparative fault rule, the court may evaluate both drivers’ actions to determine their respective responsibility.
This is particularly important in cases involving:
- Rear-end collisions: A following driver may have been too close, but the leading driver’s actions may also be relevant.
- Left-turn accidents: A driver may fail to yield while another driver speeds or disregards traffic signals.
- Intersection accidents: Multiple drivers may violate traffic rules or fail to exercise reasonable care.
- Multi-vehicle accidents: Several drivers’ actions may contribute to a chain-reaction collision.
If you believe you may have contributed to an accident, do not automatically assume you have lost your right to compensation. Our Peoria car accident lawyers can help examine the circumstances and evaluate how Illinois’ comparative fault law may apply to your case.
How Can You Protect Your Claim When Fault Is Disputed?
When fault is unclear, taking the right steps after an accident can help preserve evidence and protect your injury claim.
- Document What Happened: Take photos of vehicle damage, road conditions, traffic signs, and visible injuries. Keep the police report and, when possible, gather witness contact information.
- Seek Medical Attention: Some injuries may not show symptoms immediately, so getting medical care is important. Medical records can also support your claim, especially when proving injuries that may not be immediately visible.
- Be Careful When Speaking With Insurance Adjusters: Stick to the facts and avoid speculating about fault. While you may need to cooperate with your own insurer, be cautious about giving detailed statements to the other driver’s insurer.
Speak With a Car Accident Attorney
An attorney can investigate disputed liability, review evidence, and explain how comparative fault may affect your compensation. Fault disputes can also complicate settlement negotiations and prolong the claims process. If you’re experiencing delays, understanding why your Peoria car accident settlement may be taking longer than expected can help you recognize potential issues and better prepare for the next steps.
At Schierer & Ritchie, LLC, we help injured individuals throughout the Greater Peoria Area navigate insurance disputes and pursue compensation under Illinois law. Our case results reflect our experience representing clients in personal injury matters.
Frequently Asked Questions About Comparative Fault in Illinois Car Accidents
Can I recover compensation if I was 50% at fault in Illinois?
Yes. Under Illinois’ modified comparative negligence law, you may still recover compensation if you are exactly 50% responsible for the accident. However, your recoverable damages would be reduced by 50%. If your percentage of fault exceeds 50%, you generally cannot recover damages under this rule.
How does comparative fault affect my car accident settlement in Illinois?
Your percentage of fault directly affects how much compensation you may receive. If you are more than 50% at fault, Illinois law generally prevents you from recovering damages under its modified comparative negligence rule.
What if the other driver says the accident was my fault?
The other driver’s statement does not automatically establish legal responsibility. Courts may determine fault by reviewing police reports, witness accounts, photographs, video footage, and other evidence. If you dispute responsibility, an attorney can help investigate the circumstances and evaluate your claim.
Does a traffic ticket automatically make me responsible for an accident?
Not necessarily. A traffic citation may be relevant to an accident investigation, but it does not automatically establish a driver’s percentage of fault in a civil injury claim. You must also consider other evidence and the circumstances surrounding the collision.
Can I challenge an insurance company’s fault determination?
Yes. If you disagree with an insurer’s assessment, you may be able to provide additional evidence, dispute its findings, or negotiate the claim. If the parties cannot reach an agreement, the question of comparative fault may ultimately be resolved in court.
Do I need a lawyer if I was partially responsible for a car accident?
You are not required to hire an attorney to pursue every car accident claim. However, legal guidance can be particularly helpful when liability is disputed, or the insurance company claims you were primarily responsible. A Peoria car accident lawyer can review the evidence, assess your potential damages, and explain how shared fault may affect your legal options.
Contact Us for Help With Your Illinois Car Accident Claim
Being partly responsible for a car accident does not necessarily mean you cannot recover compensation. If you were injured in a crash in Peoria or the surrounding area, Schierer & Ritchie, LLC can help you understand how Illinois’ comparative fault law may affect your claim and what steps to take next.
Our experienced attorneys are available 24/7 to answer your questions. Contact us today to discuss your case and protect your rights. We will review your case with you for free. We never take a fee unless we recover money for you!
