Yes — you can still recover compensation, even if you were partly responsible for the accident. This is known as comparative fault, and it’s a common factor in Illinois personal injury cases.
Under Illinois law, you’re eligible for compensation as long as you’re 50% or less at fault. However, your final award is reduced by your share of the blame. If you’re found to be 10% at fault and your total damages are $100,000, you’d still receive $90,000 after the reduction.
But if you’re 51% or more at fault, you won’t be able to recover anything under Illinois’ modified comparative negligence system. That one percent can make all the difference — which is why it’s crucial to properly establish who was responsible.
How Is Fault Determined?
Fault isn’t decided by gut feeling. It’s usually based on evidence such as:
- Police reports
- Surveillance or dashcam footage
- Eyewitness accounts
- Accident reconstructions
- Cell phone or vehicle data
Insurance companies use this information to assign blame — but they don’t always get it right. In fact, they may overstate your fault to reduce what they owe you.
What Kinds of Situations Involve Shared Fault?
Comparative fault shows up in many types of cases, including:
- Two drivers who were both speeding
- A distracted driver hitting a pedestrian who didn’t use a crosswalk
- A cyclist riding outside the bike lane who’s still struck by a negligent driver
- A slip and fall accident where the injured person wasn’t watching their step — but the property owner failed to mark a known hazard
In these cases, multiple parties may have made mistakes — but that doesn’t erase your right to seek damages.
What Damages Can I Still Recover?
Even if you’re partially at fault, you can still pursue compensation for:
- Medical bills
- Physical therapy and ongoing care
- Lost income or reduced earning ability
- Pain and suffering
- Property damage
The value of these adds up quickly — so don’t assume you’re out of options.
Why Legal Representation Matters
When fault is shared, insurance companies often pounce. Their goal is to push your percentage of fault over 50% so they can deny your claim entirely or significantly reduce your payout.
Our attorneys know how to challenge those tactics. We’ll collect evidence, build a strong case, and negotiate for the highest possible settlement — or take it to trial if needed. We work to show the full picture, proving that the other party’s negligence played the bigger role.
If you’ve been injured and aren’t sure whether you can file a claim because you may be partially at fault, reach out. You may have more rights than you think.
