Can I Recover Damages in a Car Accident If I Am Partially at Fault?

Being in a car accident is stressful enough. When you realize that you might share some of the blame, it’s natural to worry about your ability to recover compensation. The good news? Partial fault (50% or less) doesn’t automatically disqualify you from receiving damages in Illinois.

At Saks, Robinson & Rittenberg, Ltd., we are dedicated to helping injured individuals understand their rights. We know after four decades of injury law practice that sharing fault, while it does reduce the amount, does not bar you entirely from successfully securing compensation.

What Is Comparative Negligence in Illinois?

Comparative negligence is a legal principle that acknowledges the complexity of accidents with more than one person contributing to the outcome. Illinois follows a “modified” comparative negligence rule, which allows you to recover damages as long as you are found to be 50% or less at fault for the accident. The court in such cases will determine the percentage of fault for each party involved and award damages accordingly.

Let’s consider a practical scenario: Imagine you are involved in a car accident where the other driver ran a red light, but you were driving slightly above the speed limit. A jury might decide the other driver was 90% responsible, while you were 10% responsible. This finding doesn’t prevent you from receiving compensation; instead, your total award is simply reduced by your percentage of fault. This system is designed to provide a fair outcome, allowing you to still secure the financial support you need even if you are partially to blame.

What Can My Claim Be Worth?

Your claim’s value depends on two factors: your total damages and your percentage of fault.

Total damages can include:

• Medical expenses
• Lost wages
• Reduced earning capacity
• Property damage
• Pain and suffering
• Emotional distress

Once the percentages of fault have been determined, the calculation is straightforward: Your total damages minus your fault percentage equals your compensation.

For instance, if your damages total $100,000 and you’re found 30% at fault, you would receive $70,000. If you’re 45% at fault with the same damages, you’d receive $55,000. At 50% fault, you’d still receive $50,000. But at 51%? You are eligible to receive nothing. This 50% threshold makes proving your degree of fault absolutely critical to your case.

Why Is It Worth Consulting an Attorney?

Insurance companies know how comparative negligence works. They’ll try to maximize your assigned fault to minimize their payout or eliminate it entirely.

An experienced attorney can protect your interests by:

• Evaluating your potential damages and percentage of fault
• Gathering evidence that accurately reflects each party’s responsibility
• Interviewing witnesses who can verify the accident details
• Working with accident reconstruction experts when needed
• Countering unfair attempts to shift blame onto you
• Negotiating with insurance adjusters who try to inflate your fault percentage
• Presenting a compelling case to demonstrate the other party’s greater negligence

An attorney’s advocacy can make the difference between receiving nothing and recovering a majority of your anticipated damages.

Partial Fault Doesn’t Mean Partial Justice

Being partially at fault in a car accident doesn’t mean you can’t pursue compensation. If someone else’s negligence played a significant role in your injuries, you still have rights under Illinois law.

At Saks, Robinson & Rittenberg, Ltd., we understand how to build strong cases even when fault is shared. We’ll fight to ensure you receive every dollar you’re entitled to under the law. Reach out to us today for a free case evaluation.