If you’ve been injured in an accident in Chicago or anywhere in Illinois, you may be wondering who is legally responsible for your losses. Determining liability is the cornerstone of any successful personal injury claim. At Staver Accident Injury Lawyers, P.C., our experienced attorneys help accident victims identify who’s at fault, prove negligence, and recover the compensation they deserve under Illinois law.
We know how overwhelming it can feel after an accident. Medical bills pile up, work becomes impossible, and insurance companies often downplay or deny valid claims. Our legal team investigates every angle to uncover all liable parties and hold them accountable. Call (312) 236-2900 or request your free consultation online. You pay nothing unless we win.
Liability means legal responsibility for another person’s injuries or losses. Under Illinois personal injury law, a liable party must compensate victims for harm caused by their wrongful actions or omissions. In practical terms, this means showing that someone owed you a duty of care, breached that duty, and caused your injuries as a result.
For example, a driver owes others on the road a duty to drive safely. When they run a red light and cause a crash, that breach of duty makes them liable for resulting injuries. Similarly, a property owner who fails to clear icy walkways or a trucking company that hires unqualified drivers can be held legally responsible for accidents that follow.
Our firm investigates every aspect of your case—who caused the accident, who owns the vehicle or property, and who might share financial liability—to ensure no responsible party is overlooked.
Illinois law distinguishes between fault and liability. The party at fault is the one who directly caused the accident. The party liable under the law is the one required to pay damages. Sometimes, they’re the same person—but not always.
For example, if an employee crashes a delivery truck during work hours, the employer might be liable under respondeat superior even though the employee was the one who caused the crash. This is why having a lawyer who understands these nuances is so critical. We identify every possible source of liability to expand your recovery options.
Learn more about fault allocation under Illinois’ Comparative Fault Statute (735 ILCS 5/2-1116).
Different legal doctrines can make an individual or business liable for your injuries. The most common theories include:
Illinois primarily applies fault-based liability. This means injured victims must prove someone did something wrong—negligence, carelessness, or recklessness—that caused the injury. However, some cases apply strict liability, which does not require proving fault. Examples include:
Determining “who’s responsible” is often more complex than it appears. Depending on the facts, liability can extend to multiple parties:
Vicarious liability allows injured victims to hold one party legally accountable for another’s wrongful acts. It commonly applies in employment and agency relationships. To succeed, you must show that:
Vicarious liability often comes into play in truck accidents, delivery vehicle crashes, and rideshare cases, where companies attempt to classify drivers as independent contractors to limit their responsibility. Our attorneys know how to challenge these defenses to ensure fair recovery for injured victims.
At Staver Accident Injury Lawyers, P.C., we approach liability analysis methodically, drawing on decades of combined experience. Our process includes:
Our lawyers build the evidence foundation that insurance companies and courts demand to validate liability and damages. We handle negotiations with insurers while you focus on recovery.
Illinois applies the doctrine of joint and several liability (735 ILCS 5/2-1117). This rule allows injured victims to recover full compensation even if multiple defendants share blame. Key provisions include:
This ensures that victims aren’t left uncompensated if one at-fault party lacks adequate insurance or assets. It also encourages accountability among all negligent actors.
Illinois follows a “modified comparative negligence” system. If you are partially responsible for your own injuries, your compensation will be reduced by your percentage of fault—but you can still recover damages if you are less than 50% at fault. If you are found 50% or more responsible, you cannot recover at all. Because insurers often exaggerate a victim’s share of fault, having legal representation is essential to protect your claim’s value.
Liability in Illinois personal injury law can be complex, especially when multiple people, companies, or insurers are involved. At Staver Accident Injury Lawyers, P.C., we’re here to explain every aspect of your case—from negligence and causation to damages and comparative fault—and guide you toward the best possible outcome.
Call (312) 236-2900 or request a free consultation today. You don’t pay unless we win.
To prove negligence, you must show four elements: duty of care, breach of that duty, causation, and damages. Evidence such as witness statements, accident photos, medical records, and expert opinions can help establish each element.
Yes. If the driver was working within the scope of employment, Illinois law allows you to hold both the driver and the employer liable under the doctrine of respondeat superior.
If a mechanical or design defect—like faulty brakes or airbag malfunction—caused or worsened your injury, you may have a product liability claim against the manufacturer, distributor, or retailer in addition to the at-fault driver.
Yes, but special notice requirements apply. Claims against Illinois or local governments must comply with the Illinois Court of Claims Act or the Tort Immunity Act. You must generally file notice within one year, so it’s important to contact a lawyer immediately.
Your compensation will be reduced by your percentage of fault. For example, if you’re found 20% responsible for an accident and your damages total $100,000, your recovery would be $80,000.
You may still recover through your own uninsured/underinsured motorist (UM/UIM) coverage. Our attorneys handle these claims regularly and ensure insurers treat victims fairly.
Yes. In complex cases, multiple policies—auto, commercial, umbrella, or homeowner’s—may overlap. We identify and coordinate all available coverage to maximize your recovery.
Generally, you have two years from the date of injury under 735 ILCS 5/13-202. Wrongful death cases share the same limitation, while claims against government entities often require faster notice. Don’t delay—deadlines can bar recovery completely.
Recoverable damages include medical expenses, lost wages, reduced earning capacity, pain and suffering, disability, emotional distress, and property damage. In extreme cases of recklessness, punitive damages may apply.
While not required, having an experienced Illinois personal injury lawyer dramatically improves your chances. We handle investigation, negotiation, and litigation—ensuring all liable parties are held accountable while you focus on healing.
At Staver Accident Injury Lawyers, P.C., we’re here to explain all of the various aspects of personal injury cases, including negligence, causation, liability, and other legal issues. We know Illinois tort law, so we can fight hard for you to receive compensation. You shouldn’t have to worry about learning the law and navigating the court system for the first time. We want you to focus on your recovery.
Call us today at (312) 236-2900 or use our online form to request a free initial consultation.
When you’re fighting for maximum compensation, we know what it takes to get it.
