In Illinois, comparative negligence determines how blame is shared among parties in accidents. Under the state’s modified comparative negligence rule, your compensation may decrease if you’re found partially at fault, and you could lose the right to recover damages if your fault is 50% or more.
For help evaluating your level of fault and maximizing your compensation following a car accident, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
How Comparative Negligence Affects Car Accident Claims in Illinois
Fault is a key concept in Illinois car accident laws, where the responsible party must provide compensation for damages caused to others, often through their insurance. Fault denotes the blame attributed to someone’s actions that lead to harm. To establish liability, it’s necessary to prove negligence, meaning the responsible party’s conduct caused injury. Fault is crucial for determining accountability and ensuring victims receive compensation for losses like medical expenses, lost wages, and pain and suffering.
What Is Comparative Negligence?
Comparative negligence is a legal concept that determines how responsibility is allocated among multiple parties involved in an accident. Instead of placing complete blame on a single individual, this principle assigns a percentage of fault to each party involved. This is significant where injuries or property damage occur, as the amount of compensation received hinges on the level of responsibility attributed to each party.
In this framework, the degree of fault for each participant is assessed, and damages are awarded based on that assessment.
There are two main types of comparative negligence systems:
- Pure comparative negligence permits individuals to obtain compensation even if they hold a majority of the blame. For instance, someone who is 90% at fault can still claim 10% of their damages. However, this system is not utilized in Illinois.
- Modified comparative negligence restricts individuals from recovering damages if their fault exceeds a specified percentage. While some states set this threshold at 50%, Illinois adheres to the 51% rule, meaning compensation is only available for those whose fault is 50% or less.
How Comparative Negligence Affects Your Claim
Here’s how the modified comparative negligence rule in Illinois impacts your car accident claim.
Determining Fault
Determining fault in comparative negligence cases is more complicated, as each party’s level of fault must be determined. Insurance firms, attorneys, or the judicial system will assess the evidence to determine the degree of responsibility for each individual involved. This evaluation may consist of police reports, statements from witnesses, surveillance videos, and expert testimony.
Calculating Compensation
Your compensation will decrease based on your degree of fault. For instance, if you receive a $100,000 award for damages and are deemed 20% at fault, your compensation will be cut by 20%, resulting in a total of $80,000. However, if you are found to be 50% at fault or more, you will not qualify for any compensation.
You Could Lose Your Claim
It is critical to provide strong evidence that minimizes your share of the blame. If your level of fault is determined to be more than 50%, you will lose your right to claim compensation, making it essential to have car accident lawyers.
Examples of Comparative Negligence in Illinois Car Accidents
To illustrate comparative negligence, consider this scenario: A driver turning left misjudges your approach and causes a collision. You had the right of way, entering the intersection on a green light, but were speeding 15 mph over the limit, contributing to the crash.
A jury finds the other driver 80% at fault for failing to yield and you 20% at fault for speeding. Since you are less than 51% responsible, you can still recover compensation, but your award is reduced by 20%. For example, if damages total $100,000, you’d receive $80,000 after the deduction.
If you were found 51% or more at fault, you wouldn’t receive anything. This example demonstrates how small actions, like speeding, can affect claims under Illinois’ modified comparative negligence system.
There are countless situations where both parties may be at fault. However, here are some examples of behaviors that will likely be considered comparative negligence:
Speeding
Car accidents occur in an instant, and the distinction between a full collision and a close call can hinge on just a few seconds. As a result, if a driver involved in an accident was speeding at the time, and it was likely a contributing factor to the incident, a jury could determine that the driver shares some responsibility for the crash.
Phone Use or Distraction
The use of phones or other distractions is a clear factor of negligence when assessing liability in a car accident. For drivers who were on their phones or distracted while driving at the time of the crash, their compensation may be reduced in accordance with their level of fault.
Alcohol
Even when the other driver is clearly at fault, like running a red light, intoxication due to drugs or alcohol during the accident will probably be seen as a contributing factor in the crash.
Special Note on Seatbelt Use
Regardless of your personal preference for using a seatbelt, the facts below demonstrate that safety belts provide protection to users:
- Not wearing a safety belt increases your risk of getting ejected in a crash by 30 times.
- Seatbelts can decrease the risk of serious injuries by 50%.
- Buckling up lowers the likelihood of death in an accident by 45%.
- In 2022, half of the passengers who lost their lives in traffic incidents were not wearing seatbelts.
Many states have “seatbelt laws” that can limit or reduce compensation for individuals injured in crashes if they weren’t wearing a seatbelt. These laws often assign some blame to the victim for exacerbating their injuries by not buckling up.
In Illinois, a defendant generally can’t use a party’s failure to wear a seat belt as a defense. In a 1985 ruling, the Illinois Supreme Court decided that evidence of damages from not wearing a seat belt wasn’t admissible for liability or damages, as there was no law requiring seat belt use at that time.
The Illinois legislature has enacted a law that generally prevents the use of seat belt non-use as evidence in negligence cases. It states that not wearing a seat belt cannot be used to limit an insurer’s liability or reduce recovery of damages. In Illinois, seat belt non-use usually cannot be cited for comparative negligence.
Can You Still Recover Damages If You’re Partially at Fault?
You can receive compensation even if you share some fault for the accident, as long as your degree of fault is under 50%. In Illinois, the modified comparative negligence rule means that your claim could be completely denied, or your damages reduced based, on how much fault is attributed to you. You are eligible to recover damages only if your fault is less than 50%; if you are deemed 50% or more at fault, you will not be able to claim any compensation. The amount you receive will be adjusted according to your level of responsibility for the accident. This law ensures that the compensation reflects your share of liability.
How Insurance Companies Use Comparative Negligence Against You
The insurance company will extend an offer based on its assessment of the negligence associated with its insured party. To evaluate the level of negligence for each individual involved, the insurance company may speak with those present, including witnesses, and review the accident report.
Often, after a car accident insurance investigation, companies utilize comparative negligence to either deny claims or lower their payout amounts. They frequently contend that victims bear a considerable portion of the fault to limit their own liability. If you do not have robust legal representation, you may find yourself unfairly assigned more blame than you should carry.
Why You Need a Lawyer for a Comparative Negligence Claim
In Illinois, handling a comparative negligence claim can be complex, making it crucial to have a motor vehicle accident lawyer. They can guide you through the legal process, gather evidence, and help ensure you receive fair compensation, especially if your own negligence is involved. An attorney’s knowledge of average car settlements, as well as common mistakes after a car accident, is vital, particularly when fault is disputed. A car accident attorney may:
- Conduct a thorough investigation of the accident.
- Gather and present evidence to dispute the assignment of fault.
- Negotiate with insurance companies to secure a fair settlement.
- Represent you in court if your case proceeds to trial.
The distribution of fault among parties generally relies on the evidence available. Your attorney can collect this evidence and evaluate your level of negligence. Additionally, the amount of compensation you receive can be influenced by how effectively you negotiate with the insurance company. Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC, for a car accident attorney who can help assess the fault of each party and strive to secure maximum compensation for your car accident.
