Can I Be Compensated for a Car Accident if I Am Also at Fault?

 Posted on May 13, 2025 in Car accidents

Fault determination is a critical element of a car accident case. You can recover compensation for damages in Illinois, but only under certain circumstances. If you were involved in a crash that resulted in significant damages, a Des Plaines, IL auto accident attorney will evaluate your case to determine your eligibility for compensation and explain what legal options are available.

How Is Fault Determined in an Illinois Car Accident Case?

After a car accident, multiple parties can independently investigate the case to determine who is at fault and, therefore, liable for the resulting damages. The first to investigate are the police who arrive at the scene. They will document facts about the crash, such as the position of the vehicles, property damage, statements from everyone involved, and any citations issued. Receiving a citation for a traffic violation is a strong indication of fault.

When you file a claim with the insurance company for damages, the adjuster assigned to your claim will also investigate. If they find any indication that you are partially liable for the accident, they will likely lean heavily on that to avoid paying. Your attorney, who will also investigate the case, will argue on your behalf to ensure that you receive any damages available to you and will protect you from bad faith tactics used to undermine your claim.

How Is Shared Fault for a Car Accident Case Handled in Illinois?

Illinois law follows the policy of modified comparative negligence to govern the recovery of damages in cases involving shared fault. If you are partially responsible for the accident, you can only recover damages if you are less than 50 percent at fault. Additionally, the amount you can recover will be reduced by a portion that is equal to your percentage of liability.

For example, suppose the court determines that you are 30 percent at fault for the collision, and the resulting damages you suffered are valued at $10,000, you would only be eligible to recover 70 percent of that claim. This means that your damages award would be $7,000. However, if the court were to find you 50 percent or more at fault, you would be ineligible to recover any damages.

How Is Negligence for Auto Accidents Proven in Illinois?

Illinois car accident claims are based on the concept of negligence. To prove another party’s liability, you must show that the following elements are true by a preponderance of the evidence:

• The at-fault party owed a duty of care to operate their vehicle safely.

• They breached that duty, typically by violating traffic law.

• Their breach of duty resulted in your accident.

• The accident led to your damages.

The first element is a given in Illinois. Anyone operating a vehicle on shared roads must drive safely. If you have questions about fault determination in your case, an experienced legal representative can help.

Schedule a Free Consultation With a Park Ridge, IL Car Accident Attorney

The aftermath of a car accident can be financially devastating for victims and their families. If you suffered injuries in a shared-fault crash, the Glenview, IL personal injury lawyer at Quinn Law Group, LLC understands how to apply the modified comparative negligence rule to your case to determine if you are eligible for damages. Call 847-232-7180 today to schedule a free consultation and learn more about your rights.