If you’ve been injured in a car crash, slip and fall, or another accident in Illinois, you might assume the person at fault will cover all your damages. But the reality is more complex. Illinois follows a legal concept called comparative negligence, which can significantly impact your ability to recover compensation, even if you weren’t entirely at fault.
Understanding how comparative negligence works in Illinois is key to protecting your rights and getting the settlement you deserve. Here’s what you need to know.
Comparative negligence is a rule used to determine fault and damages in personal injury cases. Rather than assigning 100% of the blame to one party, the court or insurance adjusters may divide the fault among all parties involved.
Illinois uses a modified comparative negligence system, specifically the 51% rule. This means:
Let’s say you were involved in a car accident in Chicago, and the other driver ran a red light. However, it turns out you were also speeding at the time of the crash.
But if you were found to be 55% at fault, you’d be barred from recovering any compensation under Illinois law.
When comparative negligence is in play, every percentage point counts. Insurance companies often use this rule to shift more blame onto injury victims. The more fault they can place on you, the less they’ll have to pay—or they may deny your claim altogether.
This makes it especially important to:
Comparative negligence can arise in almost any type of accident, but it’s especially common in:
Drivers may both share fault in a car accident—for example, one ran a stop sign while the other was texting.
A pedestrian might be partially at fault if they were jaywalking, even if the driver failed to yield.
Property owners might claim you were distracted or ignoring warning signs when the slip and fall accident occurred.
Cyclists not using bike lanes or ignoring traffic signals could share blame with a reckless driver.
In each of these scenarios, determining liability is a nuanced process, and you shouldn’t assume the insurer will be fair.
To maximize your potential settlement and avoid losing out due to comparative negligence, follow these tips:
Take photos of the scene, get contact info for witnesses, and request a copy of the police report.
Even apologizing at the scene could be used against you. Stick to the facts when speaking with police or insurance adjusters.
Delays in care can be used to suggest you weren’t seriously injured or contributed to the harm.
An attorney can investigate the accident, negotiate with insurers, and ensure that you aren’t unfairly blamed.
At Staver Accident Injury Lawyers, P.C., we know how Illinois’ comparative negligence rule can make or break a personal injury claim. Our Chicago legal team has years of experience fighting insurance companies that try to underpay or deny valid claims.
We’ll fight to prove the other party’s negligence and work to minimize any fault assigned to you. You don’t have to navigate this complex process alone—we’re here to help you get the compensation you deserve.
If you were injured in an accident and are worried about being blamed or losing out on a settlement, don’t wait. The sooner you speak with a lawyer, the better your chances of a successful outcome.
Call Staver Accident Injury Lawyers at (312) 736-0761 for a free consultation. We’ll explain your rights, answer your questions, and help you understand how comparative negligence might affect your case.
When you’re fighting for maximum compensation, we know what it takes to get it.
Written by Jared Staver
