Comparative Fault in Chicago, IL | How Shared Fault Affects Compensation
Understanding Comparative Fault in Chicago, IL
If you’re injured in a car accident, slip and fall, or other personal injury case in Chicago, you might assume the other party is fully responsible. But what if you were partially at fault? Illinois follows comparative fault laws, meaning your compensation can be reduced based on your share of the blame.
Under Illinois’ modified comparative fault rule, you can recover damages if you’re less than 51% responsible for the accident. However, if you are found 51% or more at fault, you lose the right to compensation. Understanding how shared fault works can help you protect your claim and avoid unfair reductions in your settlement.
This guide explains how comparative fault works in Chicago, how insurance companies determine fault, and what you can do to protect your compensation if blame is unfairly assigned to you.
What Is Comparative Fault?
Comparative fault is a legal rule that decides how much each person involved in an accident is responsible for the damages. If you are partially at fault, your compensation is reduced by your percentage of blame.
Definition of Comparative Fault
In many accidents, more than one person may be responsible. Comparative fault assigns a percentage of blame to each party. If you are found 20% at fault, your settlement will be reduced by 20%. If you are found 51% or more at fault, you cannot recover compensation at all under Illinois law.
There are two types of comparative fault:
Pure Comparative Fault: A person can recover damages even if they are 99% at fault, but their compensation is reduced by their fault percentage.
Modified Comparative Fault: A person can only recover damages if they are less than 51% at fault. Illinois follows this system.
How Shared Fault Affects Personal Injury Claims in Chicago
In Chicago, your compensation depends on how much fault is assigned to you. If you file a personal injury claim, insurance companies and courts will determine who is responsible and by how much.
For example:
You are 30% at fault in a car accident with $100,000 in damages → You receive $70,000 instead of the full amount.
You are 55% at fault → You receive $0 because you are over the 51% threshold.
Understanding this rule is important when negotiating a settlement or filing a lawsuit. Insurance companies often try to increase your fault percentage to lower what they have to pay. Having strong evidence can help protect your claim.
Comparative Fault Laws in Chicago, IL
Illinois follows a modified comparative fault system, which means that the amount of compensation you receive depends on your level of responsibility in the accident. If you are found 51% or more at fault, you cannot recover any damages.
Illinois’ Modified Comparative Fault Rule
Under Illinois law (735 ILCS 5/2-1116), injury victims can receive compensation as long as they are less than 51% at fault. Your final settlement or court award is reduced by your percentage of fault.
For example:
If you are 20% responsible for a slip and fall accident and your total damages are $50,000, you will receive $40,000 after the fault reduction.
If you are 51% or more responsible, you will not receive any compensation.
Because of this rule, insurance companies often try to increase your fault percentage to reduce or deny your claim. Knowing how to fight back against unfair blame can make a difference in your settlement.
How Comparative Fault Works in Chicago Car Accidents
Car accidents in Chicago often involve multiple parties, making fault harder to determine. Insurance companies and courts rely on:
Police reports that outline accident details and violations.
Eyewitness statements from bystanders or other drivers.
Traffic camera footage from busy intersections in Chicago.
Vehicle damage analysis to reconstruct how the accident happened.
If you are hit by another driver but were speeding, distracted, or failed to signal, you could be assigned partial fault. This could lower your payout if you don’t have the right evidence to challenge the insurance company’s claim.
Understanding Chicago’s traffic laws and accident trends can help protect you from being unfairly blamed for an accident.
How Comparative Fault Is Determined in a Chicago Accident Case
Determining fault in a personal injury case isn’t always straightforward. Insurance companies, attorneys, and courts review different types of evidence to decide how much blame each party holds. The more proof you have that the other party was primarily responsible, the stronger your case will be.
Role of Evidence in Establishing Fault
To determine fault, investigators look at:
Police Reports: Officers document accident details, issue citations, and note who may have violated traffic laws.
Eyewitness Statements: Neutral third-party witnesses can confirm how the accident happened.
Traffic and Surveillance Footage: Video from security cameras or red-light cameras can show who was at fault.
Medical Records: If your injuries are consistent with how the accident occurred, it strengthens your case.
Accident Scene Photos: Skid marks, property damage, and weather conditions can all help prove liability.
Gathering strong evidence is key to reducing your assigned fault percentage and securing fair compensation.
Insurance Company Tactics in Shared Fault Cases
Insurance companies in Chicago use comparative fault to lower settlement payouts. If they can prove you were even partially responsible, they will try to reduce what they owe.
Common tactics include:
Claiming you were distracted (e.g., using your phone or not paying attention).
Arguing you weren’t cautious enough (e.g., walking into a hazard in a slip and fall case).
Saying your injuries aren’t as serious to reduce medical compensation.
Because of Illinois’ 51% bar rule, if they can push your fault above 50%, they don’t have to pay anything. This is why having a lawyer who can challenge unfair blame is important.
How Comparative Fault Affects Different Types of Accidents in Chicago
Comparative fault applies to all personal injury cases in Chicago, including car accidents, slip and falls, and medical malpractice claims. The percentage of fault assigned to you directly affects how much compensation you can receive.
Car Accidents in Chicago
Chicago’s busy roads, heavy traffic, and unpredictable weather make car accidents common. In multi-vehicle crashes, fault is often shared among drivers.
How Fault Is Determined in Car Accidents
If one driver rear-ends another, the rear driver is usually at fault, but if the front driver brake-checks, both may share blame.
If you are hit at an intersection, but you were speeding, you may be assigned partial fault.
Pedestrian accidents may also involve shared blame if the pedestrian crossed outside of a crosswalk.
Even if another driver was mostly at fault, insurance companies will try to pin some responsibility on you to lower your payout.
Slip and Fall Accidents in Chicago
If you are injured on someone else’s property, the owner may claim you were careless and caused your own fall.
How Fault Is Determined in Slip and Falls
If you ignored warning signs (like a “Wet Floor” sign), you may be assigned partial fault.
If you were looking at your phone when you fell, insurers may argue that you weren’t paying attention.
Wearing unsafe footwear (like heels on ice) could also reduce your compensation.
This is why documenting hazards (taking photos, reporting the issue, and getting witness statements) is crucial.
Medical Malpractice Cases in Chicago
Doctors and hospitals often use comparative fault to reduce their liability. They may argue that you didn’t follow medical advice or delayed seeking treatment, contributing to your injuries.
How Fault Is Determined in Medical Malpractice
If a doctor misdiagnoses you, but you ignored symptoms for weeks, they may shift some blame to you.
If a surgery leads to complications, the hospital might claim you didn’t follow post-op care instructions.
Medical malpractice cases often require expert testimony to prove that the provider’s mistake—not the patient’s actions—caused the injury.
Comparative fault can seriously reduce your compensation, no matter the type of case. Gathering evidence and hiring a skilled lawyer can help you fight back.
How to Protect Your Claim in a Comparative Fault Case
When comparative fault is involved, insurance companies will try to lower your compensation by shifting blame onto you. The more fault they assign to you, the less they have to pay—or worse, they may deny your claim entirely. Taking the right steps can help protect your case and maximize your settlement.
Steps to Strengthen Your Case in Chicago
Collect solid evidence. Take photos and videos of the accident scene, document injuries, and save all medical records.
Get witness statements. Neutral third-party witnesses can confirm what happened and help prove you were not at fault.
Request a copy of the police report. If the report assigns fault unfairly, you can challenge errors with additional evidence.
Avoid admitting fault. Even saying “I’m sorry” to the other party or an insurance adjuster can be used to assign blame.
Follow all medical advice. Failing to follow treatment plans could allow insurers to claim you made your injuries worse.
When to Hire a Lawyer for a Comparative Fault Case
Insurance companies use comparative fault to reduce or deny claims—even when their client is clearly responsible. A lawyer can challenge unfair fault assignments and fight for a higher settlement.
A Chicago personal injury attorney can:
Gather evidence and build a strong case to prove you were not mostly at fault.
Negotiate with insurance companies to prevent unfair reductions.
Represent you in court if the insurer refuses to offer fair compensation.
Since Illinois’ 51% rule can bar you from recovering damages, hiring an attorney is especially important if fault is being disputed.
Final Thoughts
Comparative fault can significantly impact your personal injury settlement in Chicago. The more blame the insurance company assigns to you, the less compensation you receive—or worse, you may get nothing at all. Knowing how Illinois' 51% rule works and gathering strong evidence can help you fight back against unfair fault claims.
Don’t let insurance companies take advantage of you. The Law Offices of John A. Culver fights for accident victims in Chicago, ensuring they get maximum compensation even in shared fault cases. We challenge unfair blame, negotiate aggressively, and handle everything—so you don’t have to.
Don’t settle for less. Get a free consultation today and protect your right to fair compensation.