Can I Recover Compensation If I Was Partially At Fault for a Car Accident?

 Posted on June 13, 2022 in Car Accident

After some car accidents, it is very clear whose fault it was. For example, if one driver was going the wrong way down a one-way street, the blame is very clearly on the wrong-way driver. In other accidents, the fault may be shared between two or more drivers. This is often the case with pile-ups, which are rarely caused by one single individual. However, there is usually one driver who is more responsible than others involved. If you were injured in a car accident caused by a careless driver, you may be able to recover compensation even if you were partially at fault. If you believe that your own actions may have contributed to the accident in any way, it is critically important that you speak to an attorney as soon as possible after the accident, and definitely before you speak to an insurance agency. Car insurance companies are notorious for misusing admissions of partial fault in order to deny a valid claim. 

What Does Illinois’ Modified Comparative Negligence Rule Mean?

Illinois uses a system called “modified comparative negligence” to determine how much an injured driver can recover after an accident they had some fault in causing. Generally, if you were less than 50% responsible for the accident, you will still be able to recover compensation. However, the amount of your award will be reduced by the portion of fault you are assigned. 

For example, if the court finds that you were 20% responsible for your accident, and another driver was 80% responsible, you can recover 80% of what you would have been awarded if you had zero fault in the accident. 

What Are Some Examples of a Shared-Fault Accident?

The concept of partial fault in a car accident can be confusing. Some drivers are inclined to blame themselves for an accident where they were only slightly at fault. For example, if Driver A rear-ends Driver B, then Driver A is very likely to be considered at fault. However, if Driver B had no working brake lights and Driver A could not tell that he was stopping, then Driver B may be partially at fault. 

Or, if Driver A is making an illegal right turn on red when he is hit by Driver B, running the light, then Driver A may be partially responsible as he should not have been in the intersection. However, Driver B is more responsible. 

If you were in a shared-fault accident, it is important to speak with an attorney before speaking with insurance. You do not want to inadvertently admit to more than your fair share of the blame or give the insurance company a chance to twist your words. 

Contact a Cook County Car Accident Lawyer

Adler Law Offices, LTD is experienced in handling complex car accident cases. Our skilled Chicago car accident attorneys will fight for you to receive the highest amount of compensation possible even if you were partially at fault. Call 312-236-2700 to begin with a free consultation. 

Source: https://www2.illinois.gov/sites/Insurance/Consumers/ConsumerInsurance/Auto/Pages/comparative-negligence.aspx#:~:text=Illinois%20has%20adopted%20modified%20comparative,for%20the%20injury%20or%20damages.