What If I Was Partially at Fault for My Accident in Chicago?

If you were injured in a car accident in Chicago and you think you’re partly to blame, you may wonder, “What if I was partially at fault for my accident? Can I still receive compensation?” You can still file a personal injury claim to pursue compensation for your damages, thanks to the modified comparative negligence law applied in Illinois. The law allows you to receive compensation as long as you were less than 50% at fault for the crash.

Understanding this rule and applying it correctly is critical, as it can affect whether you can claim compensation and the amount of compensation you can recover.

If you’re partially at fault in your car accident case, call the Chicago personal injury attorneys at DePaolo & Zadeikis at 312-263-7560 for a free case evaluation.

Comparative Negligence in Illinois

In some accidents, one driver is entirely to blame. In Illinois, the at-fault drivers in such accidents are held liable for resulting damages. Multiple parties may be to blame for an accident in some cases. Third parties, for instance, could also be held liable for damages. For example, when poor signage contributes to an accident, the other driver and the government entity responsible for inadequate traffic signs could share liability. A vehicle manufacturer could be held liable if a defect contributes to your injuries.

Many accidents occur due to both of the drivers involved making mistakes. These shared-fault accidents can happen in many ways. Examples of circumstances where you could share fault for your crash include:

• Your vehicle had a mechanical defect that contributed to the crash
• You were driving over the speed limit at the time of the accident
• You were driving too fast for the current weather conditions
• You failed to yield appropriately
• You couldn’t react quickly enough to the other driver’s actions because you were following too closely or distracted while driving
• You were in an emergency situation but stopped in a hazardous location or failed to use hazard lights

Most states are comparative negligence states. Comparative negligence laws divide car accident liability among the involved parties when two or more parties are at fault for a crash based on each party’s amount of responsibility for the crash. States operate under different variations of the comparative negligence doctrine. Illinois uses the modified comparative negligence system for shared fault cases. Under this system, a plaintiff can recover damages provided his or her degree of responsibility for the accident falls below a specific percentage. Damages are awarded based on that degree of fault. The party whose fault percentage exceeds the legal threshold is barred from recovery.

Under the modified comparative negligence system followed in Illinois, you can recover damages only if you’re less than 50% at fault for the crash that caused your injuries. However, your damages award will be reduced in proportion to your percentage of fault. You’ll be unable to recover damages from the other party if you’re more than 50% responsible for the crash.

Determining Your Level of Fault in Chicago

According to the Illinois Department of Transportation (IDOT), there were 97,388 car accidents reported in Chicago in 2022. If more than one party is at fault for your accident in Chicago, you may find yourself at some point questioning, “Why is my car accident settlement taking so long?” Multiple parties and disputed fault can extend car accident settlement timelines. When there are multiple defendants, each party usually shares some responsibility for the accident.

Therefore, if you’re wondering, “What if I was partially at fault for my accident?” and are eventually found to be partly to blame, your amount of responsibility will be calculated as a percentage. Understanding how your level of fault is determined will help you know how your actions could affect your case and what to do after an accident to ensure your best interests are protected.

If your car accident case is to be settled, the insurance companies involved will perform their investigations to determine each party’s percentage of fault. Insurance adjusters assess the circumstances of your accident and determine the degrees of fault for each involved party. A jury decides each driver’s degree of fault if your case goes to trial. The jury reviews the circumstances and then assigns you a percentage of blame for the crash.

A number of factors can be considered in determining your level of fault, including:

• Driver statements: Statements of the drivers involved are a consideration when determining fault in accidents. With emotions running high after an accident, you could make statements that the opposing party could take advantage of and use as partial fault. Your statements could make it harder to defend yourself and dispute the determined degree of fault later. For those reasons, it’s important to be careful about the statements you make after an accident and avoid admitting fault, apologizing, or talking to an insurance company before speaking to a personal injury lawyer.
• Traffic violations: Violations like speeding, distracted driving, failure to yield, and running a red light can go into determining fault percentage.
• Police report: The police report contains information like the time and location of your accident, parties involved, witness statements, the responding officer’s observations, and sometimes, the officer’s opinion about the party that was at fault. Its details can be influential in determining the percentage of fault you should bear.
• Witness statements: Statements provided by impartial witnesses can provide different, unbiased perspectives of the incident and help corroborate your version of events or dispute the accounts of others involved. They can be valuable in the assessment of each party’s relative fault. Gathering the contact information of witnesses is crucial.
• Photos and videos: Visual evidence, like photos and videos from the crash scene, can help reconstruct the events preceding and during the crash. Surveillance footage from nearby businesses or traffic cameras can capture each driver’s actions before the crash, helping show the role you played in causing the accident.
• Expert testimonies: Physical evidence like broken taillights and skid marks can assist in determining fault percentage. Experts like accident reconstructionists can be brought in to analyze the evidence and determine impact points and angles, speed, and other contributing factors to the accident. Their findings can help provide a better estimate of the portion of liability that each party bears.

Legal Options for Those Partially at Fault

You have several legal options for obtaining compensation if you’re partially at fault for an accident in Illinois.

File a Claim With Your Insurer

There are some benefits you could be entitled to after an accident, regardless of your level of fault. MedPay (medical payments) coverage covers medical expenses arising from your accident for you and your passengers. Collision coverage pays for your car damages regardless of fault. Your insurance company may later seek reimbursement from the at-fault driver’s insurer, a process known as subrogation.

If an underinsured driver caused your accident, you can file a claim under your underinsured motorist coverage. Bear in mind that your percentage of fault will affect how much you get from an uninsured motorist claim.

File a Claim With the Other Driver’s Insurance Company

You can file a claim with the at-fault driver’s insurer. Illinois insurance companies will use the modified comparative negligence principle during the car accident claim process. The insurance company will consider your percentage of fault for the accident when calculating the compensation to which you’re entitled. You can accept the percentage of fault you’re assigned and receive a partial settlement. However, you don’t have to accept the assigned percentages if their determination is unfair. Insurance companies can inflate your fault percentage to minimize their liability.

A Chicago car accident lawyer who’s familiar with comparative negligence cases will be crucial in defending you from unfair blame and protecting your compensation. Your lawyer will collect and preserve evidence that supports your case and mitigates your degree of fault. Your lawyer will negotiate with the insurance company to minimize your level of fault and reach the best possible settlement.

File a Lawsuit Against the At-Fault Driver

If the parties can’t agree on fault and reasonable damages, suing the at-fault driver in civil court becomes necessary. Court cases can be subjective. How you present your case is key. A skilled personal injury lawyer will help you file the necessary documents, represent you during your court case, and present evidence and assertive arguments compellingly to seek the maximum possible compensation.

Personal injury cases involving shared fault can quickly become complicated. An experienced personal injury lawyer matters a lot when you’re faced with the possibility of a comparative negligence case. At DePaolo & Zadeikis, we’ve been helping accident victims get their rightful compensation for over 30 years. Contact us today for a free consultation to discuss your case.