Am I Still Able to Recover Damages if I Am Partially Responsible for an Accident?

Protecting the Rights of Accident Victims in Lake County IL

Under Illinois law, you are able to recover damages following a car accident even if you were partially to blame for the accident, as long as you are not found to have been more than 50 percent at fault. The amount that you can recover, however, will be reduced by your percentage of fault.

There are only a few states (and the District of Columbia) in which a person who is partially at fault for an accident is automatically barred from recovering damages. Fortunately, Illinois is not one of them. Illinois uses a model called “modified comparative fault” in personal injury cases. Under a modified comparative fault system, an injured claimant who is partially at fault for the accident that caused the injuries may still collect damages, as long as he or she was not more than 50 percent responsible for the accident. In addition, the recoverable damages are also reduced by the claimant’s percentage of fault.

Recovering Damages When You Share Responsibility

In any personal injury matter involving shared liability, the jury must determine the percentage of fault to assign to each party. For example, if you were driving a few miles per hour above the posted speed limit when you were hit by another driver who was texting while driving, you could be found to have 10 percent liability for the accident while the other driver was 90 percent at fault. Assuming that a jury determined a total amount of damages of $100,000, that amount would be reduced by 10 percent—your percentage of fault. You would, therefore, be entitled to collect $90,000.

Call a Wheaton Injury Attorney for Help

If you have been injured in a car accident or any other type of accident for which you may be partially responsible, contact our office. Call 847-662-3303 for a free consultation at Salvi & Maher, LLP today. We represent injured victims in Waukegan, Richmond, Wheaton, and throughout Northern Illinois.