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.