Can I Recover Compensation If I Was Partially At Fault for an Accident?

Yes, if you are in a car accident or another injury-resulting incident and are partially at fault, you can still seek compensation. However, your compensation is reduced by the percentage of fault attributed to you under Illinois’ modified comparative negligence rule. If you are found to be mostly at fault, meaning 51% or more, you are unable to seek a claim against the other party.

It is important to know what to do if you are at fault and what steps can help to protect your assets. An accident attorney in Chicago can help you with your case.

Understand Comparative Negligence in Illinois

Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. This means the law recognizes that more than one person may be responsible for an accident. In those cases, the person with less than 50% of the fault can seek financial compensation from the other party.

For example, if you are found to be 20% at fault because you were speeding when another car ran a red light and struck you, you can still file a claim for those losses. However, if you are found to be 51% or more at fault, you are barred from filing a claim and recovering any damages in the accident.

Your Damages Are Reduced

In situations where you are partially at fault, the value of your claim is also lower. You can only recover the portion of fault the other party is responsible for creating. That means the court reduces the compensation paid to you by the percentage of fault attributed to you by the insurance company, police, or the judge.

For example, if you are 20% at fault in the accident, you can file a claim for 80% of the losses you document and can prove. You are responsible for the other 20% of losses.

Your Chicago Car Accident Lawyer Can Help Minimize the Percentage of Fault

In situations where you are attributed fault that you believe is wrong or unfair, you can seek help from a car accident attorney. Your Chicago accident lawyer will work to document what happened and gather evidence to show that you are not at fault.

Evidence such as the following could help:

• Statements from witnesses
• Dash camera footage
• Surveillance and traffic camera footage
• Accident reconstruction services
• Other accident experts or witnesses to the incident

When possible, your Chicago accident lawyer will try to prove you were not at fault in any way. That protects you from any loss of compensation. However, if they cannot do that, they will work to lower your percentage of fault as much as possible. This preserves more of the losses you can seek.

What You Can Do After the Accident

You can strengthen your case and claim by taking steps immediately after the accident. When possible:

• Take photos of the accident scene and any damage from it
• Make sure to call the police at the time of the accident to allow them to investigate
• Get medical care immediately to make it clear what happened to you

Then, turn to a Chicago car accident attorney. Your car accident lawyer will work with you to make your case clear. We fight to reduce any fault attributed to you, if possible, protecting your future by ensuring you receive the full compensation owed to you under the law. Call (312) 586-1700 or complete our online contact form to schedule a free consultation.