Comparative Fault Explained
How Shared Responsibility Impacts Your Settlement in Illinois
By Postman Law—Your Personal Injury Attorneys in Chicago
When you’re injured in an accident—whether it’s a car crash on the Dan Ryan Expressway in Chicago or a slip-and-fall incident at a neighborhood grocery store—one of the first questions that comes up is: “Who’s at fault?” In Illinois, answering this question often involves comparative fault (also called comparative negligence). Understanding how comparative fault works can affect the outcome of your personal injury claim and the settlement you ultimately receive.
Below, we break down the key points of comparative fault in Illinois, explain why shared responsibility matters to your settlement, and outline what steps you can take to protect your rights.
What Is Comparative Fault?
Comparative fault is a legal principle used to determine how much each party contributed to an accident. Illinois follows a modified comparative fault system, which means:
- Allocation of Fault: A percentage of fault is assigned to each party involved in an accident (e.g., 10% fault for one party, 90% for another).
- 50% Threshold: If you, as the injured party, are found to be 50% or less at fault, you can still recover damages—though your compensation will be reduced by your percentage of fault. If you’re over 50% at fault, you may be barred from receiving any compensation.
For example, if you’re awarded $100,000 but found to be 30% at fault, your net settlement would be $70,000 (your total award minus the 30% fault).
Why Comparative Fault Matters for Your Injury Claim
- Impact on Settlement Amount: Even if you’re partly responsible for an accident, you can still recover compensation—but your percentage of fault will reduce your settlement proportionally.
- Defense Strategy: Insurance companies often try to shift blame onto the injured party to reduce the payout. Understanding comparative fault can help you push back against unfair blame.
- Negotiation Leverage: Knowledge is power. When you grasp how comparative fault may be applied, you’re better positioned to negotiate a fair settlement.
Real-World Example
Imagine you’re driving through a busy Chicago intersection. You’re not speeding, but you’re momentarily distracted by your phone. Another driver runs a red light and hits you. The court finds that while the other driver was primarily at fault, you bear 10% fault for briefly looking away.
Let’s say you sustain $50,000 in damages. Because you are 10% responsible, your net compensation would be reduced by $5,000—resulting in a $45,000 recovery. This is a straightforward example of how comparative fault directly impacts the amount you can recover in Illinois.
Common Factors That May Affect Your Percentage of Fault
- Speeding or reckless driving
- Distracted driving (e.g., texting)
- Failure to obey traffic signs or signals
- Not wearing a seatbelt
- Ignoring hazardous conditions or warnings
Each of these factors can shift a portion of fault to you, even if someone else primarily caused the accident. Insurance adjusters and opposing attorneys will meticulously review these details to assign liability percentages.
How to Protect Your Rights Under Comparative Fault
- Document Everything: Take photos of the scene, gather witness statements, and keep a record of any medical treatments. Strong evidence can help reduce any unfounded claims that you share a large percentage of blame.
- Seek Immediate Medical Attention: Prompt care not only ensures your well-being but also creates a clear medical record linking your injuries to the accident.
- Avoid Discussing Fault: At the scene and afterward, limit your comments about fault. Even apologetic language can be misused against you. Instead, focus on factual statements.
- Consult a Personal Injury Attorney: Legal counsel can help you build a robust case and counter any allegations of blame from the opposing side.
- Don’t Delay: Illinois has strict deadlines (statutes of limitations) for filing personal injury lawsuits. Missing these deadlines can bar you from any recovery, regardless of fault percentages.
Working with an Illinois Personal Injury Lawyer
Navigating a comparative fault claim can be overwhelming—especially when you’re recovering from a serious injury. A knowledgeable Illinois personal injury lawyer can:
- Investigate all aspects of your accident
- Analyze the evidence to determine accurate fault percentages
- Negotiate with insurance companies to protect your interests
- Advocate for you in court if negotiations fail
With offices in Chicago and serving all of Illinois, Postman Law is dedicated to helping you secure the best possible outcome. Our team understands Illinois personal injury law inside and out, and we’re committed to easing your burden every step of the way.
Take the Next Step
Comparative fault doesn’t have to be a deal-breaker for your personal injury claim. In Illinois, you can still recover compensation as long as you’re no more than 50% responsible. But every situation is unique, and the details matter. If you’re dealing with an injury and suspect shared fault might come into play, contact Postman Law today.
Get a Free Consultation
At Postman Law, we believe in providing clear, empathetic guidance to help you move forward. Call us at 844-POSTMAN or contact us online to schedule your free consultation. We’ll help you understand your legal options, fight for your rights, and pursue the settlement you deserve. Don’t let uncertainty about fault stop you from getting the justice you need.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
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