Understanding Comparative Fault in Illinois

After an accident, you may expect the other driver’s insurance company or the insurance company representing the person responsible to recognize what happened and pay for your injuries.

Instead, you may hear something very different:

“You were partly responsible.”

Maybe the insurance adjuster says you were driving too fast. Maybe they claim you should have seen the hazard. Maybe they argue that you were not paying attention or that your actions contributed to the accident.

But being accused of contributing to an accident in a personal injury case does not automatically mean you lose your right to compensation.

Illinois follows a system of comparative fault, which means that your own share of responsibility can affect the amount of compensation you recover. Understanding how comparative fault works can be especially important when you are dealing with an insurance company after an accident in Champaign-Urbana, Danville, or elsewhere in Central Illinois.

What Is Comparative Fault?

Comparative fault is a legal principle used when more than one person may have contributed to an injury.

In a personal injury case, the other party may argue that you were partially responsible for what happened. If that argument is supported by the evidence, the amount of compensation you receive can be reduced based on your percentage of fault.

Illinois law provides that an injured person generally cannot recover damages in a negligence action if their contributory fault is more than 50% of the proximate cause of the injury. If the injured person's fault is 50% or less, damages are reduced in proportion to the amount of fault attributed to that person.

For example, imagine that a jury determines:

• Your total damages are $100,000.
• The other driver is 80% responsible.
• You are 20% responsible.

Your $100,000 in damages could be reduced by your 20% share of fault, resulting in a potential recovery of $80,000.

Now consider a different scenario. If you were found to be 60% responsible, Illinois' comparative-fault rule would generally prevent you from recovering damages in that negligence action.

That makes determining who was actually responsible, and to what degree, an important part of many personal injury cases.

Comparative Fault Can Apply to More Than Car Accidents

Although comparative fault is commonly discussed in connection with motor vehicle accidents, it can arise in many types of personal injury cases.

Truck Accidents

A trucking company or truck driver's insurance company may attempt to shift some responsibility to the person injured in the collision.

Truck accidents can involve additional evidence, including driver logs, vehicle data, maintenance records, surveillance footage, and other information that may help establish what happened.

Motorcycle Accidents

Motorcyclists can face assumptions that they were speeding or riding recklessly simply because they were operating a motorcycle.

Those assumptions are not a substitute for evidence.

The circumstances of the collision should be examined to determine what actually caused the accident.

Pedestrian Accidents

A driver may argue that a pedestrian crossed improperly or was distracted.

Determining responsibility requires looking at the circumstances of the collision, including traffic signals, crosswalks, visibility, driver behavior, and other relevant evidence.

Slip-and-Fall Accidents

Property owners or their insurance companies may argue that an injured person should have noticed a dangerous condition.

Whether that argument has merit depends on the specific facts surrounding the hazard and the accident.

The existence of comparative fault does not mean that an insurance company's accusation should simply be accepted.

What Evidence Can Help Dispute an Insurance Company's Fault Argument?

When an insurance company argues that you contributed to your own injury, evidence becomes particularly important.

If you are physically able to do so after an accident, preserve whatever information you can.

Photographs and Video

Photos of the accident scene, vehicle damage, injuries, road conditions, property conditions, signage, lighting, and other relevant details can help document what existed at the time of the incident.

Video can be especially valuable when available.

Witnesses

Independent witnesses may be able to provide information about what they saw before, during, or immediately after the accident.

Make a note of witness contact information whenever possible.

Medical Records

Medical records can help establish the nature and extent of your injuries and how those injuries relate to the accident.

Accident Reports

Police reports and other official reports can provide another source of information about what happened.

However, an accident report is only one piece of evidence and does not necessarily determine legal fault by itself.

Expert Evidence

Some cases require specialized expertise.

Accident reconstruction experts, medical experts, engineers, economists, or other professionals may be needed depending on the nature of the claim.

Should You Give the Insurance Company a Statement?

After an accident, an insurance adjuster may ask you questions about what happened.

It is important to remember that statements you make can potentially become evidence later.

This does not mean you should refuse every communication with an insurance company. It does mean you should be thoughtful about what you say, particularly if the insurer is already suggesting that you caused or contributed to the accident.

If an insurance company is questioning your version of events or attempting to assign you fault, consulting an attorney, like one at Schiro & Themer, before making significant statements can help you understand your options.

Talk to a Personal Injury Attorney at Schiro & Themer

If you were injured in Champaign-Urbana, Danville, or elsewhere in Central Illinois, you do not have to simply accept an insurance company's assessment of who was responsible.

Schiro & Themer represents people injured in car accidents, truck accidents, motorcycle accidents, premises liability incidents, and other personal injury situations throughout Central Illinois.

If an insurance company is blaming you for an accident, or if you are unsure how fault may affect your claim, an experienced personal injury attorney can review the facts and explain your options. Contact the attorneys at Schiro & Themer for a free consultation to discuss your personal injury case.