A Chicago Story: When Fault Isn’t So Clear

It was a rainy night in Logan Square. Maria was walking across a marked crosswalk when a driver turned left without yielding and hit her. The driver insisted Maria “came out of nowhere.” But surveillance video showed Maria was texting as she crossed, not fully paying attention.

So who was responsible?

This is where Illinois’ comparative fault law comes into play. Unlike some states that bar recovery if you share any blame, Illinois allows injured people to pursue compensation — even if they were partly at fault. But the amount they can recover depends on their percentage of responsibility.

Comparative Fault in Plain English

Comparative fault (also called comparative negligence) is a legal rule that allocates responsibility when more than one party contributes to an accident. Instead of assigning 100% blame to one side, Illinois law allows damages to be reduced based on each party’s share of fault.

Illinois follows a modified comparative fault system, often referred to as the 51% rule.

• If you are less than 51% at fault, you can recover damages.

• If you are 51% or more at fault, you cannot recover compensation.

Your award is reduced by your share of fault. For example, if you win a $100,000 case but are found 20% at fault, you recover $80,000.

Checklist: What to Do If Comparative Fault Is an Issue

When there is a chance that more than one party shares blame in an accident, it’s important to take the right steps.

Step 1: Collect Evidence Immediately

Gather photos of the accident scene, secure witness contact information, and note any video footage such as traffic or security cameras.

Step 2: Document Your Injuries

Seek medical care right away. Save medical records, bills, and doctor’s notes. Keep a personal journal of your recovery, including pain levels and days of missed work.

Step 3: Be Careful With Statements

Do not admit fault at the scene. Avoid giving recorded statements to insurers without legal guidance, as your words may be twisted.

Step 4: Hire a Chicago Personal Injury Lawyer

Insurance companies may try to inflate your percentage of fault. An attorney can counter their claims with evidence, expert witnesses, and legal strategy.

Real-World Examples in Illinois

Comparative fault plays out in real life across many types of accidents.

• Car Crash in the Loop: One driver ran a red light while the other was speeding. Each shared responsibility, and damages were split accordingly.

• Slip-and-Fall on Ice: A store failed to salt the sidewalk, but the pedestrian wore worn-out shoes. The pedestrian’s award was reduced by 15%.

• Bicycle Accident in Wrigleyville: A driver opened a car door into a bike lane. The cyclist was not using reflective gear at night. Damages were reduced by 30%.

FAQs About Comparative Fault in Illinois

Can I still win if I was partly to blame?
Yes, as long as you are less than 51% responsible.

How do insurers use comparative fault?
They often argue you are more at fault than you really are, reducing what they pay.

What happens if multiple people are at fault?
Each party is assigned a percentage, and damages are divided based on those percentages.

Does comparative fault apply in medical malpractice cases?
Yes. If a patient’s actions contributed to their harm, their compensation may be reduced.

How do I challenge an unfair fault determination?
Your lawyer can present evidence, bring in expert witnesses, and dispute the allocation of fault in court.

Closing: Protecting Your Rights in Shared-Fault Cases

Accidents in Chicago are rarely black and white. Comparative fault makes things complex, and insurance companies often use it to limit payouts.

That is why having an experienced advocate matters. Chicago’s Trusted Personal Injury Lawyer has decades of experience fighting for clients under Illinois comparative fault laws. With the right representation, you can minimize fault percentages and maximize recovery.