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Head-On Collision Accidents in Illinois: Causes, Injuries, and Legal Claims

Mon 23 Feb, 2026 / by / Car Accidents

Last Updated: October 30, 2026

735 ILCS 5/2-1116 measures each person’s contributory fault as a share of the proximate cause. Which vehicle crossed the center line is part of the proof of that share.

The Share of Fault

Section 2-1116 diminishes damages in proportion when the plaintiff’s contributory fault is not more than 50 percent of the proximate cause. Fault above that share bars recovery. 735 ILCS 5/2-1117 makes defendants found liable jointly and severally liable for past and future medical and medically related expenses, except as provided in section 2-1118. A defendant whose fault is less than 25 percent of the total fault of the plaintiff, the defendants sued, and any third-party defendant except the plaintiff’s employer is severally liable for the other damages. A defendant at 25 percent or more of that total is jointly and severally liable for the other damages. The source is P.A. 93-10 and P.A. 93-12, effective June 4, 2003.

Preserving the Evidence

Photographs of lane markings, vehicle damage, debris and final vehicle positions, witness accounts, and available dashcam or traffic-camera recordings can help reconstruct the vehicles’ paths. Reports and reconstruction analyses should be checked against the physical evidence and witness accounts; what is available and what it proves vary by crash. Preserve available scene and vehicle evidence, recordings, and the records of medical care and expenses.

The Policies

625 ILCS 5/7-601(a) requires a liability policy in amounts no less than 625 ILCS 5/7-203, issued in accordance with sections 143a and 143a-2. Section 7-203 sets liability minimums of $25,000 for one person, $50,000 for two or more persons, and $20,000 for property damage. Nothing in section 7-601 deprives an insurer of a policy defense. 215 ILCS 5/143a(1) covers a person insured under the policy for bodily injury caused by an uninsured or hit-and-run motor vehicle, at the section 7-203 limits. The declarations and the policy state who that person is. Which policy responds depends on the policy terms and the facts.

If the other driver has no liability insurance or has limits that may not cover the injury claim, identify any uninsured or underinsured motorist coverage that insures the injured person. Being injured in a crash does not by itself establish coverage under every policy. Under 215 ILCS 5/143a-2(4), the underinsured-vehicle comparison uses the sum of the applicable bodily injury liability limits and the insured’s UIM limit. Amounts actually recovered under the applicable bodily injury coverage on that vehicle reduce the UIM insurer’s limit. Check the insured definition, the declarations and the policy terms.

An impaired driver’s involvement does not automatically establish a claim against a bar. 235 ILCS 5/6-21(a) provides a claim for a person injured in Illinois by an intoxicated person against a licensed seller who, by selling or giving alcohol, caused that person’s intoxication. The Act’s current liability limits are adjusted annually, and the section states a one-year period after accrual for commencing the action. A possible statutory claim against a licensed seller should be investigated separately from the claim against the driver.

The Filing Period

735 ILCS 5/13-202 is two years next after accrual for the private injury action that section describes. 740 ILCS 180/2(d) says that, except as subsection (e) provides, the wrongful-death action shall be commenced within 2 years after the death. An action against a defendant arising from a crime committed by that defendant, when an escrow account was established in that defendant’s name under the Criminal Victims’ Escrow Account Act, shall be commenced within 2 years after the account is established. Subsection (e) permits the action within 5 years after the death when the death results from violent intentional conduct, or within one year after the final disposition of the criminal case when the defendant is charged with an offense that subsection lists. That extension applies only to the individual who allegedly committed the violent intentional act or who is charged with a listed offense. The source is P.A. 103-514, effective August 11, 2023. 745 ILCS 10/8-101(a) is one year from the date the injury was received or the cause of action accrued, against a local entity or its employees, other than the patient-care action in subsection (b). 745 ILCS 10/1-206 says a local public entity does not include the State or a department of the State. A tort claim against the State is filed in the Court of Claims. 705 ILCS 505/8(d) gives that court jurisdiction if a like cause of action would lie against a private person or corporation. The statutory base for a tort award is $2,000,000 to or for the benefit of any claimant. The same subsection requires the court to adjust that maximum each year for any increase in the Consumer Price Index For All Urban Consumers for the previous calendar year, as determined by the United States Department of Labor. The Comptroller’s 2026 award-limit notice states the adjusted tort limit for 2026 at $2,629,104.52. The amount for another year is the adjustment published for that year. Neither the statutory base nor the adjusted maximum applies to an award arising out of the operation by a State employee of a vehicle owned, leased, or controlled by the State. 705 ILCS 505/22(h) says all other claims must be filed within 2 years after the claim first accrues, with the stated saving for a minor or a person under legal disability. 705 ILCS 505/22-1 requires a notice, within one year from the injury or accrual, before a Court of Claims action for damages on account of an injury to the person. The same section says a claimant is not required to file that notice if the claim is filed within one year of accrual.

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Frequently Asked Questions

Who is at fault in a head-on collision in Illinois?

Section 2-1116 is the plaintiff’s share of the proximate cause. Which vehicle crossed the center line is part of the proof of that share.

Can I still recover compensation if I was partially at fault?

Section 2-1116 diminishes damages in proportion when the plaintiff’s share is not more than 50 percent of the proximate cause. A share above 50 percent bars recovery. Section 2-1117 separates medical expenses from the 25 percent line for the other damages.

What if the other driver was drunk or impaired?

Section 2-1116 uses the proof of each driver’s share of the proximate cause. Impairment can be part of that proof.

How long do I have to file a head-on collision lawsuit in Illinois?

Section 13-202 is two years next after accrual for the private injury action it describes. Section 180/2(d) is 2 years after the death, except as subsection (e) provides. Section 8-101(a) is one year against a local entity or its employees, other than subsection (b). A claim against the State uses sections 8(d), 22(h), and 22-1.

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