Imagine you’re driving home after a long day, just a few blocks from your house, when another car runs a stop sign and crashes into you. Your arm hurts, your car’s a mess, and you know you’ll be dealing with more than just car repairs. But then—during the investigation—the other driver’s insurance company argues you were speeding.
Suddenly, it’s not just about what they did. It’s about what you might have done, too. This is where comparative fault comes into play.
If you’ve been injured in Illinois and someone’s pointing the finger back at you, understanding how comparative fault works could make or break your personal injury claim.
What Is Comparative Fault?
In personal injury law, comparative fault (also known as comparative negligence) is a legal principle that reduces the amount of damages you can recover if you’re found partially responsible for your own injuries.
Illinois follows a version of this rule called modified comparative fault with a 51% bar. In plain English? If you’re less than 51% at fault, you can still recover damages—but your compensation will be reduced by your percentage of fault. If you’re 51% or more at fault, you can’t recover anything.
Let’s go back to that crash. If a jury finds you 20% at fault for speeding and the other driver 80% at fault for running the stop sign, and your total damages are $100,000—you’d still get $80,000. But if they say you were 55% at fault, you get nothing.
For more details on Illinois’ comparative fault laws, you can refer to the Illinois Department of Insurance.
Real-Life Example: Maria’s Story
To make this more real, meet Maria—a nurse from Joliet. One rainy evening, she was rear-ended while slowing down to turn into her driveway. The driver behind her claimed Maria didn’t signal soon enough.
She suffered a concussion and needed weeks of physical therapy.
During her case, the insurance company argued Maria contributed to the crash by not using her blinker in time. They claimed she should be 60% at fault. But with the help of a good attorney, Maria showed that she had slowed reasonably, and weather conditions made the other driver’s tailgating even more dangerous. In the end, a jury found Maria only 20% at fault. She recovered 80% of her damages.
Stories like Maria’s show how nuanced these cases can be—and how important it is to have someone in your corner.
How Is Fault Decided?
Fault isn’t always clear-cut. In most cases, it’s a back-and-forth between your lawyer, the other side’s attorney, and sometimes a judge or jury. Evidence matters. This could include:
- Police reports
- Surveillance footage
- Witness statements
- Expert testimony
- Photos from the scene
- Your own account of what happened
Insurance companies often try to assign as much blame as possible to reduce their payout. Don’t be surprised if they seem friendly at first—only to turn around and suggest you were the real problem.
That’s why it’s critical to speak to a personal injury attorney early. Someone who knows the ins and outs of Illinois law. Someone who will fight for your version of the truth.
Why Comparative Fault Matters So Much
You might be wondering: “Okay, but why does it matter if I was 10% or 30% at fault?”
Here’s why:
- It impacts your compensation. Even a small percentage of fault can shave thousands off your settlement.
- It affects negotiation leverage. Insurance companies use it as a bargaining chip to lower what they offer.
- It can determine whether your case is even viable. If your share of fault hits 51%, you’re out of luck.
In some cases, insurance adjusters will try to confuse or intimidate you into admitting blame—sometimes without you even realizing it. Something as simple as “I guess I could’ve been paying more attention” could be twisted into a damaging admission.
What Can You Do to Protect Your Claim?
If you’re injured and suspect comparative fault might come into play, here’s what you can do:
1. Get Medical Attention Immediately
Always put your health first. Not only does this help your recovery, but it also creates a clear record of your injuries.
2. Document Everything
Take photos, get contact info from witnesses, and write down your memory of the incident as soon as you can.
3. Avoid Talking to the Other Side’s Insurance Without Legal Advice
Their job is to save their company money—not to help you.
4. Speak to a Personal Injury Lawyer
Seriously. It’s one of the best things you can do. A lawyer can assess your case, gather evidence, and push back on unfair blame.
At Costa Ivone, We’ve Got Your Back
Here at Costa Ivone, we’ve helped thousands of Illinois clients navigate personal injury claims—including tough cases involving comparative fault. We’ve seen it all: rear-end collisions turned upside down, slip-and-falls blamed on the victim, and all kinds of legal gymnastics used to avoid responsibility.
Our team understands the laws, the tactics insurers use, and most importantly—the real people behind every case.
We speak your language (literally and figuratively). Whether you’re most comfortable in English or Spanish, whether you’re new to personal injury law or you’ve been through it before, we’re here to listen, guide, and fight for what you deserve.
Explore our Practice Areas to learn more about how we can assist you.
You Don’t Have to Figure This Out Alone
Being injured is overwhelming enough. Throw in legal jargon, insurance adjusters, and the possibility of being blamed for your own pain? It’s too much for one person to handle.
You shouldn’t have to become a legal expert overnight just to protect your future.
Let us help.
At Costa Ivone, your consultation is free. We’ll listen to your story, explain your options, and help you take the next step—confidently.
Call us today or fill out our quick form online. Let’s talk about what happened. Let’s talk about what’s possible.
Because justice isn’t just about the law—it’s about people. And you matter.
For more information on comparative fault and personal injury claims in Illinois, you may find the following resources helpful:
If you need further assistance or have specific questions about your case, feel free to reach out to us.
