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Multi-Vehicle Pileup in Illinois: How Fault Is Divided Among Multiple Drivers

Sun 22 Feb, 2026 / by / Car Accidents

Last Updated: October 25, 2026

735 ILCS 5/2-1116 diminishes damages when the plaintiff’s contributory fault is not more than 50 percent of the proximate cause, and it bars recovery above that share. 735 ILCS 5/2-1117 makes defendants found liable jointly and severally liable for the medical expenses. It does not make each insurer pay only its driver’s percentage of those expenses.

The Plaintiff’s Share

Section 2-1116 measures the injured person’s own share of the proximate cause. The source is P.A. 103-1053, effective December 20, 2024. A share that is not more than 50 percent diminishes the damages. A share that is more than 50 percent bars recovery. The section does not assign the largest share to the driver who struck first.

Medical Expenses and the Other Damages

Section 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 under 25 percent of the stated total fault is severally liable for the other damages. A defendant at 25 percent or more is jointly and severally liable for the other damages. The 25 percent line is not a threshold for the medical expenses. The section does not say that a 40 percent driver, a 35 percent driver, and a 25 percent driver each pay only that percentage of the medical bills.

Separate Policies

625 ILCS 5/7-203 requires the policy or bond it describes to provide at least $25,000 because of bodily injury to or death of one person in one crash, $50,000 because of bodily injury to or death of two or more persons in one crash, and $20,000 because of injury to or destruction of property. The section does not add those minimums across every driver into one $75,000 fund.

215 ILCS 5/143a(1) requires the motor-vehicle liability policies it describes to include uninsured and hit-and-run coverage for persons insured under the policy. The limits on one vehicle may not be aggregated with similar coverage on other vehicles for one person’s bodily injury or death in one crash. Nothing in section 143a may be construed to prevent an insurer from extending coverage under terms and conditions more favorable to its insureds than the section requires. The policy and its endorsements decide whether that coverage applies. 215 ILCS 5/143a-2(4) defines an underinsured motor vehicle by comparing that vehicle’s applicable bodily-injury liability limits with the underinsured limits provided to the insured. The insurer’s limit is that coverage less the amounts actually recovered. Section 143a-2(5) permits policy terms so recovery under more than one policy or provision may equal, but may not exceed, the higher of the applicable limits. The policy and its endorsements decide whether those terms apply.

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Frequently Asked Questions

Does a 50 percent share bar recovery?

No. Section 2-1116 diminishes damages when the plaintiff’s contributory fault is not more than 50 percent of the proximate cause. Recovery is barred when that share is more than 50 percent.

Does each insurer pay only its driver’s percentage of the medical bills?

No. Section 2-1117 makes defendants found liable jointly and severally liable for the medical expenses. The 25 percent line applies to the other damages.

Do three minimum policies add up to $75,000?

Section 7-203 states three minimums for the policy or bond it describes: $25,000, $50,000, and $20,000. The section does not add one driver’s minimum to the next driver’s minimum.

Does underinsured coverage automatically pay the shortfall from several drivers?

Section 143a-2(4) compares one vehicle’s bodily-injury liability limits with the underinsured limits provided to the insured, and it subtracts amounts actually recovered. Section 143a(1) says the limits on one vehicle may not be aggregated with similar coverage on other vehicles for one person’s bodily injury or death in one crash. The policy and its endorsements decide whether section 143a-2(5) terms apply.

Need a lawyer? This article is part of our Peoria Car Accident Lawyer practice area. Call Parker & Parker at 309-673-0069 for a free consultation.

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