Understanding Comparative Negligence in Illinois Car Accident Claims
Car accidents in Illinois operate on a fault-based system. This means the driver who is responsible for the accident is liable for any ensuing injuries. The injured driver must file a car accident insurance claim against the at-fault driver’s liability insurance to recover their financial losses.
However, accident responsibility is not always a one-way street. Both drivers in a collision could be partially responsible for the accident. When this happens, who pays for the resulting losses? This is where the concept of comparative negligence comes into play.
Comparative Negligence Explained
Comparative negligence is a way of apportioning fault and damages in personal injury cases, like car accident claims. According to comparative negligence rules, each driver in a car wreck gets assigned a percentage representing their degree of fault and responsibility. The compensation each party receives is then reduced according to their percentage of fault.
Here’s an example with some numbers: Say that Alice and Bob are in a car accident where Alice is judged 30 percent responsible and Bob is 70 percent responsible. Additionally, say Alice’s total losses are $50,000 and Bob’s are $80,000. Under comparative negligence rules, Alice could recover $35,000 ($50,000 minus 30 percent), and Bob could recover $24,000 ($80,000 minus 70 percent)
The purpose of this kind of system is to maintain fairness. Under comparative negligence rules, drivers are only responsible for the portion of damages they were partially responsible for. A shared negligence system means that drivers who are partially responsible for accidents can still recover financial compensation for their injuries.
Modified Comparative Negligence and the 50 Percent Rule in Illinois
Illinois uses a modified version of comparative negligence that establishes a 50 percent fault threshold for recovering damages. Under Illinois’ modified comparative negligence rules, you cannot recover financial damages if you are 50 percent or more at fault for an accident.
This contrasts with a pure comparative negligence system, which does not restrict recovery to a percentage threshold. Under pure comparative negligence, even if you were 99 percent responsible, you could still file a claim for the remaining one percent of your losses. Most states in the U.S. use modified comparative negligence, though some have pure systems.
Returning to our previous example: If Alice is 30 percent responsible and Bob is 70 percent responsible, only Alice can recover compensation under Illinois’ rules. Bob’s portion of fault is greater than 50 percent, so he is ineligible for compensation.
How Are Percentages of Fault Determined for Comparative Negligence?
There is no singular formula for calculating fault percentages in personal injury cases. Insurance companies and juries look at a range of factors to determine responsibility, such as the degree of negligence or traffic violation.
For example, imagine one driver is speeding 20 miles above the posted limit. Another driver goes to change lanes without using their turn signal, and the speeding driver collides with them. Although both parties arguably are liable, the speeding driver committed the greater violation and will likely share a great portion of fault.
Contact an Experienced Illinois Car Accident Attorney
The structure of comparative negligence means you need to work with an attorney who can minimize your fault. Johnston Law Offices P.C. has extensive experience managing car accident claims and has recovered millions for clients. We know how to investigate car accidents and present your case in a way that minimizes your fault and maximizes your compensation.
Contact our offices online today for a free case consultation with a car accident attorney in Illinois. We don’t charge a fee unless we win, so there is no risk on your part in calling to secure the representation you need and deserve.