What Is Comparative Fault?

Comparative fault, also called comparative negligence or comparative responsibility, is a legal principle for personal injury claims that governs when an injured victim is entitled to financial compensation despite sharing in the fault in an accident.

Because Illinois is one of the comparative negligence states, it’s important to have an experienced personal injury attorney on your side to minimize your percent of fault, and explain the contributory and comparative negligence rules in Illinois that could affect your ability to recover compensation for personal injury or wrongful death.

Comparative Fault Explained

Is Illinois a No Fault State for Car Accidents?

No. Illinois is NOT a no fault state for all car accidents, truck, and motorcycle crashes. Instead, it follows the modified comparative negligence principle. This means that each person is assigned a percentage of blame in the accident.

Illinois Is a Modified Comparative Negligence State

In Illinois, to claim damages after an accident, you must prove you were less than 50% at fault. If you are over 50% responsible, you cannot recover damages. The burden is on the plaintiff to show the other party was mainly at fault to receive compensation.

What Different Types of Comparative Fault Rules Mean for Your Accident Case

There are three types of the comparative negligence systems: pure comparative negligence, modified comparative negligence, and contributory negligence.

Pure Comparative Negligence Rules

A pure comparative negligence system allows a plaintiff to recover damages even if they are over 50% at fault, with compensation reduced by their fault percentage. However, if a plaintiff has high fault, the legal costs may outweigh the benefits of filing a case under the pure comparative negligence rule.

Modified Comparative Fault Rules

Modified types of comparative negligence means that a plaintiff can only recover damages if they are found to have less than a certain percentage of responsibility for the accident. There are two types of comparative negligence rules: 50% bar rule and 51% bar rule:

50% Bar Rule

Plaintiffs over 50% at fault in personal injury cases can’t receive compensation due to fault attributable to their negligence, as per Illinois law. Injured drivers can get compensation if they’re less than 50% at fault. A driver 49% responsible for an accident can still seek damages, but their award will be reduced by their fault percentage. For instance, if claiming $100,000, they could get up to $51,000.

51% Bar Rule

A plaintiff can’t seek compensation in a personal injury claim if found more than 51% at fault under comparative negligence rules. Being 52% responsible in an accident disqualifies eligibility for compensation.

Contributory Negligence

Contributory negligence is a strict rule where if a plaintiff has any fault in an accident at all, they cannot claim compensation. This makes it difficult for plaintiffs to recover damages.

Does Illinois have Contributory Negligence?

Illinois does not have a pure contributory negligence rule; instead, it uses modified comparative fault. This allows individuals to claim damages if they are less than 50% at fault in an accident, enabling them to seek compensation even if partially responsible.

What Is Contributory Fault vs. Comparative Fault?

Comparative negligence permits partial recovery of damages even if the plaintiff is partly at fault, while pure contributory negligence denies any compensation if the plaintiff has any fault at all.

Other Laws May Bar Recovery

When filing an injury claim, consider not only comparative fault rules but also state laws that may limit damages like pain and suffering. Be aware of statutes of limitations and consult an experienced personal injury lawyer to understand all applicable laws.

What Are the Comparative Fault Rules in Illinois?

Illinois adopted a form of the modified comparative negligence rule under 735 ILCS 5/2-1116. Under this law, a plaintiff is only barred from recovery if their degree of fault is greater than 50 percent. They are entitled to partial recovery if their share of the blame is 50 percent or less.

What Is an Example of Comparative Fault in Illinois?

Under Illinois law, compensation for an injured party is reduced by their percentage of fault. For instance, if a driver is 30% at fault in a $100,000 crash, they can recover up to $70,000.

Hurt in Illinois and Need Help? Call Today

The Kryder Law Group, LLC Accident and Injury Lawyers represents accident victims in Chicago and throughout Illinois. We offer free consultations to help clients understand their rights and how comparative fault rules and comparative negligence laws may impact their claims.