Chicago Car Accidents: Understanding the “Modified Comparative Negligence” Rule

While fault can be unquestionably clear in a car accident, it is more frequently disputed because car insurance companies want to avoid paying claims. If you were injured in a car accident in Illinois, it is crucial to understand how Illinois law handles the issue of fault when more than one party shares the responsibility for an accident. Illinois law utilizes a “modified comparative negligence” system when addressing shared fault in a personal injury lawsuit. This means that if you share even a small portion of the fault for an accident, the compensation you receive may be reduced and if your share of fault exceeds the legal threshold, your right to compensation can be eliminated entirely. To help you understand your rights as an injured victim, the attorneys at Paul Padda Law explain the Illinois modified comparative negligence rule. If you have additional questions, contact Paul Padda Law by calling (800) 712-0000 to schedule your free consultation.

What Is Modified Comparative Negligence in Illinois?

Modified comparative negligence is a legal doctrine that allows an injured person to recover damages even if they were partially at fault in the accident, but only if their share of the fault is less than 51 percent. Illinois uses modified comparative fault because it prevents financial recovery for a party who is predominantly to blame for an accident while still allowing recovery if a party shares some blame for the accident.

Compensation is reduced in direct proportion to the injured party’s share of fault. For example, if you were 20 percent at fault in a car accident and your damages amount to $100,000, you would receive $80,000 ($100,000 – $20,000 (20%) = $80,000). Modified comparative negligence differs from the pure comparative negligence rule used in some states, which allows an injured party to recover damages regardless of their share of fault, as long as the other party was at least one percent at fault.  

The 51% Rule Explained: When You Recover Nothing

Under the Illinois comparative negligence rule, an injured party cannot pursue damages if their share of the fault is 51 percent or more. This is a hard-line rule that often surprises accident victims. By way of illustration, assume that you were speeding while heading into an intersection and another motorist was sending a text message while heading into the same intersection.  The two vehicles collide, and you suffer $200,000 in damages. If your negligence (speeding) is determined to be responsible for 50 percent of the fault, your damages will be reduced by 50 percent, meaning you receive $100,000. If, however, it is determined that you were 51 percent responsible for the crash, you will receive nothing.

How Fault Is Determined After a Chicago Car Accident

Determining who was at fault in a Chicago car accident can be a complex task that may begin immediately after the accident. Initially, insurance adjusters for the parties involved in the accident will assign blame based on police reports, witness statements, photos, and interviews. This is why it is crucial to avoid speaking to the at-fault party’s insurance company. They will often use a seemingly harmless comment you made to reduce or eliminate their insured’s fault. If your case goes to trial, your attorney will advocate on your behalf to convince the judge or jury that the other party was predominantly or totally at fault.

Common Scenarios Where Partial Fault Is Argued

Insurance companies routinely argue that an injured victim was partially at fault to avoid paying damages. Common examples of scenarios where an insurance company is likely to dispute fault include:

• Rear-End Accident
• Left-Turn Collisions
• Multi-Vehicle Crashes on Chicago Highways
• Accidents Involving Speeding, Distracted Driving, or Weather Conditions

Insurers frequently argue that complex traffic conditions make fault less than clear. They will accuse an injured victim of not paying attention, violating minor traffic laws, or driving erratically to try and shift the blame away from their insured and avoid paying damages.

How Being Partially at Fault Affects Your Compensation

Under the Illinois modified comparative negligence rule, the amount of compensation you receive will be reduced proportionately if you share some of the responsibility for the collision. For example, if you have $200,000 in total damages, and you share 25 percent of the responsibility for the accident, your compensation will be reduced by 25 percent, or $50,000. You would ultimately receive $150,000. In a serious car accident, you may accrue significant medical bills and lost wages as well as experience significant pain and suffering. Even a small increase in your proportionate share of the blame for the accident could result in a significant financial loss. If your share exceeds 50 percent, you could lose your right to recover any damages.

How Insurance Companies Use Comparative Negligence Against You

Insurance carriers understand the financial impact of fault allocation and often attempt to inflate an injured driver’s percentage of responsibility to reduce or avoid liability. Adjusters may emphasize minor driving errors that you made, suggest that you could have taken alternative evasive actions, or use selective statements you made early in the claim process against you. The best way to defend against these common insurance tactics is to avoid making a statement to an insurance adjuster before speaking to an attorney. The same applies to early settlement offers. Do not entertain them without first consulting an attorney. Insurance companies hope you will take their initial offer before you realize the true value of your claim.

Why Legal Help Matters in Illinois Fault-Based Claims

When fault is in dispute in an Illinois car accident claim, experienced legal guidance and advocacy is crucial to a full and fair financial recovery. A skilled Chicago car accident attorney at Paul Padda Law is familiar with insurance company tactics aimed at avoiding liability and is committed to advocating on your behalf. When at fault in a Chicago car accident is not 100 percent clear, speak to an experienced car accident attorney right away to protect your right to compensation under Illinois law. Contact the team at Paul Padda Law at (800) 712-0000 to schedule a free consultation.