Understanding Shared Fault Car Accidents in Illinois

 Posted on July 30, 2021 in Car Accidents

 Car accidents often result in property damage, serious injuries, or even death. Victims and their families may be left with significant medical bills, repair costs, and other expenses. They may also be unable to work or complete daily responsibilities while recovering from car crash injuries. Fortunately, compensation for these costs and other damages may be available through a personal injury case. If you or a loved one were involved in a car accident in Illinois, it is important to understand how Illinois handles shared fault accidents. 

Modified Comparative Negligence

If you cannot reach a settlement with the insurance company, you may choose to file a personal injury lawsuit. Illinois personal injury cases are subject to a legal doctrine called “modified comparative negligence.” Under modified comparative negligence, if someone is more than 50 percent at fault for an accident, they are barred from recovering anything. However, if a driver is 50 percent or less to blame for the accident, they may still be entitled to financial compensation for their damages. In cases of shared fault, a party’s compensation is reduced by his or her percentage of fault.

For instance, imagine that Driver A and Driver B are both at fault for a car accident. Driver A is 70 percent at fault while Driver B is 30 percent at fault. Driver B suffered $10,000 in damages. He will still receive compensation, but it will be reduced by 30 percent. Therefore in this example, he would receive $7,000. Now imagine that Driver A is 48 percent at fault for an accident but Driver B is 52 percent to blame. Since Driver B is more than 50 percent liable for the accident, he would be barred from receiving any compensation – regardless of his damages.

Resolving a personal injury claim is never easy, but when there are multiple parties liable it can be even more complicated. That is why it is so important to consult with a knowledgeable and experienced Illinois car accident attorney. Your lawyer can obtain evidence demonstrating the other party’s liability and build a compelling case on your behalf. 

Contact a Decatur Personal Injury Lawyer

If you or a loved one has been injured in a car accident, contact a Bloomington personal injury attorney for assistance. We can help to explain your options and walk you through the legal process. Call Kanoski Bresney at 888-826-8682 for a free consultation today.

Sources:

https://insurance.illinois.gov/AutoInsurance/auto_other_co_claim.pdf