LawMachineChicago Injury Attorneys
HomePractice AreasAreas We ServeAboutBlogResourcesUpload Crash Report
Call (312) 222-0202Free Case Review
  1. Home
  2. /Blog
  3. /Comparative Fault Illinois
Personal Injury

Comparative Fault in Illinois

How shared blame changes what you can recover — and where the 50% line actually falls

Published November 15, 2024•Updated October 15, 2026•By LawMachine•Attorney reviewed by Voss Skoullos

The short answer

Illinois uses modified comparative fault. If you were 50% or less at fault, you can still recover, but your damages are reduced by your percentage of fault. If you were more than 50% at fault, you recover nothing from that defendant.

What the statute says

Section 2-1116 of the Code of Civil Procedure covers negligence and product-liability claims for bodily injury, death, or property damage. A plaintiff whose contributory fault is more than 50% of the proximate cause of the injury is barred from recovering. A plaintiff at 50% or less recovers, but the damages are diminished in proportion to that fault.

Worked example

A jury finds your total damages are $200,000 and assigns you 20% of the fault. Your recovery is reduced by 20%, to $160,000. At exactly 50% you would still recover $100,000. At 51% you would recover nothing.

Why the percentage matters long before trial

Most claims settle, so fault is usually argued in negotiation rather than decided by a jury. An adjuster who says you were "partly to blame" is often setting up a discount. Because crossing 50% eliminates the claim entirely, a fault argument near that line has an outsized effect on settlement value.

Common fault arguments in Chicago-area crashes include:

  • Speeding or following too closely, even when the other driver ran a light
  • Phone use, inferred from timing or from your own statements
  • A pedestrian crossing outside a crosswalk or against a signal
  • A cyclist riding outside a bike lane or without lights at night

Seat-belt nonuse has a specific protection under Illinois law. Under 625 ILCS 5/12-603.1(c), failing to wear a seat belt in violation of that section cannot be treated as evidence of negligence or used to reduce the recovery described in the statute.

Evidence that decides fault

  • The Illinois Traffic Crash Report, including the officer's diagram and any citations
  • Traffic, transit, and business camera footage, which is often overwritten within days
  • Vehicle event data and dashcam video
  • Independent witnesses, identified early while memories are fresh
  • Photos of vehicle damage, final rest positions, skid marks, and signals
  • Medical records connecting each injury to the crash

How to protect yourself

  • Don't apologize or guess about speed or distances at the scene or on a recorded call
  • Decline a recorded statement to the other driver's insurer until you've had advice
  • Ask nearby businesses to preserve video right away
  • Keep every treatment appointment; gaps are used to argue your injuries came from something else
  • Mind the deadline: most Illinois injury lawsuits must be filed within two years (735 ILCS 5/13-202)

Primary sources

  • 735 ILCS 5/2-1116 — Limitation on recovery in tort actions
  • 735 ILCS 5/13-202 — Two-year personal injury limitation

This article is general information, not legal advice for your situation.

Need Legal Help?

Get a free case evaluation from an experienced Illinois personal injury attorney.

Free Case EvaluationCall (312) 222-0202

Available 24/7 • No fees unless we win

Why Choose LawMachine?

  • No Fee Unless We Win

    You pay nothing upfront

  • 24/7 Availability

    Always here when you need us

  • Personal Attention

    Work directly with your attorney

  • Free Consultation

    Get your case reviewed today

Related Resources

  • Chicago car accident lawyerFree review of a disputed-fault crash
  • Dealing with insurance adjustersHow adjusters build a fault argument
  • What to do after a car accidentEvidence that protects you on fault
  • Passenger rights after a crashWhy passengers are rarely at fault

Being Blamed for Your Accident?

An insurer's fault percentage is an opening position, not a finding. We investigate the crash and push back on blame that isn't supported by the evidence.

Start Your Free Case EvaluationCall (312) 222-0202