If you’ve been injured in a car crash, slip and fall, or another accident in Illinois, you might assume the person at fault will cover all your damages. But the reality is more complex. Illinois follows a legal concept called comparative negligence, which can significantly impact your ability to recover compensation, even if you weren’t entirely at fault.
Understanding how comparative negligence works in Illinois is key to protecting your rights and getting the settlement you deserve. Here’s what you need to know.
What Is Comparative Negligence?
Comparative negligence is a rule used to determine fault and damages in personal injury cases. Rather than assigning 100% of the blame to one party, the court or insurance adjusters may divide the fault among all parties involved.
Illinois uses a modified comparative negligence system, specifically the 51% rule. This means:
- You can still recover damages if you’re less than 51% at fault.
- However, your compensation will be reduced by your percentage of fault.
- If you’re 51% or more at fault, you can’t recover any damages.
Example: How Comparative Negligence Works
Let’s say you were involved in a car accident in Chicago, and the other driver ran a red light. However, it turns out you were also speeding at the time of the crash.
- The court determines the other driver was 80% at fault, and you were 20% at fault.
- If your total damages were $ 100,000, your settlement would be reduced by 20%.
- You would receive $ 80,000.
But if you were found to be 55% at fault, you’d be barred from recovering any compensation under Illinois law.
Why This Matters for Your Injury Claim
When comparative negligence is in play, every percentage point counts. Insurance companies often use this rule to shift more blame onto injury victims. The more fault they can place on you, the less they’ll have to pay—or they may deny your claim altogether.
This makes it especially important to:
- Gather strong evidence of the other party’s negligence.
- Avoid making statements that could be interpreted as admitting fault.
- Work with an experienced personal injury attorney who can protect your interests.
Common Cases Involving Shared Fault
Comparative negligence can arise in almost any type of accident, but it’s especially common in:
Car Accidents
Drivers may both share fault in a car accident—for example, one ran a stop sign while the other was texting.
Pedestrian Accidents
A pedestrian might be partially at fault if they were jaywalking, even if the driver failed to yield.
Slip and Fall Injuries
Property owners might claim you were distracted or ignoring warning signs when the slip and fall accident occurred.
Bicycle Accidents
Cyclists not using bike lanes or ignoring traffic signals could share blame with a reckless driver.
In each of these scenarios, determining liability is a nuanced process, and you shouldn’t assume the insurer will be fair.
How to Protect Your Settlement After an Accident
To maximize your potential settlement and avoid losing out due to comparative negligence, follow these tips:
Document Everything
Take photos of the scene, get contact info for witnesses, and request a copy of the police report.
Don’t Admit Fault
Even apologizing at the scene could be used against you. Stick to the facts when speaking with police or insurance adjusters.
Seek Medical Treatment Right Away
Delays in care can be used to suggest you weren’t seriously injured or contributed to the harm.
Hire a Skilled Personal Injury Lawyer
An attorney can investigate the accident, negotiate with insurers, and ensure that you aren’t unfairly blamed.
How Staver Accident Injury Lawyers Can Help
At Staver Accident Injury Lawyers, P.C., we know how Illinois’ comparative negligence rule can make or break a personal injury claim. Our Chicago legal team has years of experience fighting insurance companies that try to underpay or deny valid claims.
We’ll fight to prove the other party’s negligence and work to minimize any fault assigned to you. You don’t have to navigate this complex process alone—we’re here to help you get the compensation you deserve.
Talk to a Chicago Personal Injury Lawyer Today
If you were injured in an accident and are worried about being blamed or losing out on a settlement, don’t wait. The sooner you speak with a lawyer, the better your chances of a successful outcome.
Call Staver Accident Injury Lawyers at (312) 736-0761 for a free consultation. We’ll explain your rights, answer your questions, and help you understand how comparative negligence might affect your case.
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