Overview
Illinois uses a modified comparative negligence rule, sometimes called the '51 percent rule,' to decide how fault affects your compensation. As long as you're less than 51 percent responsible for an accident, you can still recover damages, though your payout is reduced by your share of fault. If you're found 51 percent or more at fault, Illinois law bars you from recovering anything at all. Injury Case Pro can connect you with an Illinois attorney who knows how to fight back against an inflated fault percentage.
Frequently Asked Questions
What is Illinois's 51 percent rule?
Illinois's modified comparative negligence rule, found in 735 ILCS 5/2-1116, lets you recover compensation as long as you're found less than 51 percent at fault for your accident. If you're 51 percent or more responsible, you can't recover anything, even if the other driver or property owner was also careless. Below that line, your compensation is simply reduced by your percentage of fault.
How much does being partly at fault reduce my compensation?
Your damages are reduced by whatever percentage of fault you're assigned. For example, if a jury awards $100,000 but finds you 20 percent at fault, you would recover $80,000 instead of the full amount. The insurance company or defense attorney will almost always try to push your fault percentage as high as possible to shrink what they owe.
Who decides how much I was at fault?
Fault is typically worked out by the insurance adjusters during negotiations, or by a judge or jury if the case goes to trial. Police reports, witness statements, photos, and expert testimony all factor into that decision. Because so much money can turn on a few percentage points, building a strong record of evidence matters a great deal.
Can I still recover something if I was partly to blame for a car accident?
Yes, as long as your share of fault stays under 51 percent, Illinois law still allows you to recover a reduced amount. Many accidents involve some shared responsibility, so being partly at fault doesn't automatically end your claim. It's worth having your case reviewed before assuming a partial-fault situation isn't worth pursuing.
How is Illinois's rule different from other states?
Illinois's 51 percent threshold is more forgiving than pure contributory negligence states, where any fault at all can bar recovery completely, but it's stricter than pure comparative negligence states that let you recover even if you're mostly at fault. Knowing where Illinois falls matters because insurance companies count on injured people not understanding how the fault percentage affects their payout.
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Get A Free Case Review →This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and every case is different. Contact us to discuss the specific facts of your situation.
