Comparative Fault Illinois Car Accident

Last Updated: October 24, 2026

Section 2-1116 bars recovery when the plaintiff’s contributory fault is more than 50 percent of the proximate cause of the injury or damage. If that fault is not more than 50 percent of the proximate cause, damages are reduced in proportion to the plaintiff’s fault. 735 ILCS 5/2-1116.

Comparative Fault in Illinois: Can You Still Recover If You Were Partially at Fault?

The most common question after a car accident: can I recover if I was partly to blame? Maybe you were going a few miles over the speed limit when the other driver ran a red light. Maybe you were distracted for a moment before the collision. The other driver’s insurer will almost certainly raise these facts, and plenty of people assume that any fault on their side kills the claim entirely.

Section 2-1116 uses the plaintiff’s share of the proximate cause.

Illinois uses modified comparative fault

In actions for bodily injury, death, or physical damage to property based on negligence, and in strict product-liability actions, 735 ILCS 5/2-1116 bars recovery when the plaintiff’s contributory fault is more than 50 percent of the proximate cause of the injury or damage. When that fault is not more than 50 percent of the proximate cause, the plaintiff may recover, and the damages are diminished in proportion to the plaintiff’s fault.

A plaintiff whose fault is not more than 50 percent of the proximate cause can recover, with the damages reduced in that proportion. A plaintiff whose fault is more than 50 percent of the proximate cause recovers nothing.

Here’s what that looks like with real numbers. Say you’re in a crash with $100,000 in damages. A jury determines you were 30% at fault for following too closely, and the other driver was 70% at fault for making an unsafe lane change. Your recovery would be reduced by 30%, so you’d receive $70,000 instead of $100,000. If those numbers were reversed, you at 70% and the other driver at 30%, you’d recover nothing.

How fault is actually determined

Fault allocation isn’t mechanical. It’s judgment, made by a jury at trial or negotiated during settlement. The Illinois Pattern Jury Instructions (IPI 21.01 and B21.02) guide juries in assigning percentages of fault based on the evidence presented.

Factors that commonly influence fault allocation include traffic violations (running a red light, speeding, failure to yield), distracted driving, impairment, failure to maintain a proper lookout, and whether either driver took evasive action. Physical evidence matters: vehicle damage patterns, skid marks, surveillance footage, and witness statements all play into how fault gets divided.

Insurance adjusters make their own fault assessments using similar evidence. Their evaluation directly affects settlement offers. If an adjuster assigns you 25% comparative fault, they’ll typically reduce their offer by that amount, and you need to understand that framework to evaluate whether their number is reasonable or inflated.

Common scenarios where comparative fault comes up

Comparative fault isn’t limited to cases where both drivers clearly did something wrong. It often comes up in situations that feel less obvious:

Intersection collisions. One driver runs a stop sign, but the other was exceeding the speed limit. Both contributed to the severity of the crash, even if only one caused the initial collision.

Rear-end accidents. Illinois recognizes a rebuttable presumption that the rear driver is at fault. But if the lead driver stopped abruptly without warning or was driving with non-functioning brake lights, some fault may shift forward.

Seatbelt non-use. 625 ILCS 5/12-603.1(c) says failure to wear a seat safety belt shall not be considered evidence of negligence, shall not limit the liability of an insurer, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.

Pedestrian and bicycle cases. A pedestrian jaywalking or a cyclist riding against traffic may bear some fault even when a driver acted negligently. The question is always about proportional responsibility.

Why comparative fault matters for your settlement

The practical impact: if the insurer argues you were partially at fault, it reduces what they pay. They will make this argument whenever facts support it. Adjusters are trained to identify comparative fault angles early in the claims process and factor them into reserve-setting and valuation.

Ignoring comparative fault arguments doesn’t kill them. It weakens your credibility. The stronger move, how we handle cases at our Peoria car accident practice, is to acknowledge the argument, address it with evidence, and frame the fault allocation accurately rather than pretending it doesn’t exist.

Frequently Asked Questions

If I was partially at fault for a car accident in Illinois, can I still file a claim?

Section 2-1116 bars recovery when contributory fault is more than 50 percent of the proximate cause of the injury or damage. When that fault is not more than 50 percent of the proximate cause, the damages are reduced in proportion to the plaintiff’s fault. 735 ILCS 5/2-1116.

Who decides how much fault I have?

If the case goes to trial, a jury assigns fault percentages guided by the Illinois Pattern Jury Instructions. In settlement negotiations, the insurer’s adjuster makes their own assessment based on the available evidence. Your attorney can challenge that assessment with documentation, expert analysis, and legal argument.

Does a traffic ticket after an accident prove I was at fault?

Not automatically. A traffic citation is evidence that may be considered, but it doesn’t conclusively establish fault for purposes of a civil claim. The circumstances of the accident, including what both drivers did, determine fault allocation. A citation for speeding, for example, doesn’t mean you caused the accident if the other driver ran a red light.

If you’ve been in an accident and the other side is blaming you, or if you’re not sure how fault might be divided, the Peoria personal injury lawyers at Parker & Parker can review the facts and give you an honest assessment. It’s a free conversation.

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Comparative Fault in Illinois: Can You Recover If Partially at Fault?