In many personal injury cases, the question of fault is not black and white. Illinois follows a modified comparative fault system that can significantly impact the amount of compensation you receive. Understanding how this system works is essential for anyone pursuing a personal injury claim.
Comparative fault, also known as comparative negligence, is a legal principle that assigns a percentage of fault to each party involved in an accident. In Illinois, your compensation is reduced by your percentage of fault.
Example
If you are awarded $100,000 in damages but found to be 20% at fault, your compensation would be reduced to $80,000.Illinois follows a modified comparative fault system with a 50% threshold. This means that if you are found to be 50% or more at fault for the accident, you are completely barred from recovering any compensation. You can only recover damages if your percentage of fault is 49% or less.
Critical Rule
If you are 50% or more at fault, you recover nothing. This makes fighting fault allegations crucial to your case.Fault is determined based on several factors, including:
- Police reports and accident reconstruction
- Witness testimony
- Physical evidence from the scene
- Traffic camera footage or dashcam video
- Expert witness analysis
- Medical records linking injuries to the accident
Car Accident Scenario
A driver runs a red light and hits your vehicle. However, you were speeding at the time of impact. The jury determines the other driver was 80% at fault and you were 20% at fault. If your total damages are $200,000, you would receive $160,000 (reduced by your 20% share of fault).
Slip and Fall Scenario
You slip on a wet floor in a grocery store that had no warning signs. However, you were texting on your phone and not watching where you were walking. The court may find the store 70% at fault for not posting warnings and you 30% at fault for not paying attention.
Insurance companies frequently use comparative fault arguments to reduce the amount they pay on claims. They may argue that you were partially at fault for the accident, even when you were not, to lower your settlement amount. Having an experienced attorney who can counter these arguments is critical to protecting your full compensation.