What If You’re Partially at Fault in an Illinois Car Accident?

Car accidents are rarely pure black and white. In many cases, fault is shared between two or more drivers, and if you’re partially at fault for a crash in Illinois, you may still be able to recover compensation. Understanding how Illinois’ comparative fault laws work can help you protect your rights and avoid missing out on damages you’re legally entitled to.

Illinois Follows a Modified Comparative Fault Rule

Illinois uses a modified comparative fault system with a 51% bar rule. That means you can recover damages as long as you’re less than 51% responsible for the accident. However, your total compensation will be reduced by your percentage of fault.

Example:

• If you’re found 30% at fault and your total damages are $100,000, you can still recover $70,000. But if you’re 51% or more at fault, you’ll be barred from recovering anything.

How Is Fault Determined?

Determining fault involves reviewing:

• Police reports and crash diagrams
• Witness statements
• Traffic camera or dashcam footage
• Vehicle damage and skid marks
• Accident reconstruction expert analysis

Insurance companies often perform their own investigation and may try to assign more blame to reduce the payout. That’s why having a skilled attorney review the facts and advocate for you can make a significant difference.

Common Scenarios Where Fault Is Shared

Shared fault is common in situations like:

• Rear-end collisions where the front car stops abruptly
• Intersection accidents where both drivers may have misjudged the right of way
• Lane changes or merges where visibility or signaling was unclear
• Multi-car pileups involving chain reactions

Even if you made a mistake, it doesn’t mean you lose your right to pursue compensation.

Don’t Let Partial Fault Stop You from Filing a Claim

Many drivers assume that being partially at fault means they can’t recover anything—but that’s simply not true in Illinois. You still have rights, and an experienced personal injury lawyer can help you gather evidence, negotiate with insurers, and present a strong case that limits your share of fault.

Protect Yourself After the Crash

• Don’t admit fault at the scene
• Take photos of the accident and surroundings
• Seek immediate medical care
• Contact a personal injury attorney as soon as possible

At Grewer Law, we help Illinois drivers navigate the complexities of partial fault claims with clarity and confidence so you can get the compensation you deserve.