Multi-Vehicle Pileup: Illinois Interstate Guide

Last Updated: October 25, 2026

735 ILCS 5/2-1116 bars recovery when the plaintiff’s contributory fault is more than 50 percent of the proximate cause. It diminishes damages when that fault is not more than 50 percent. 735 ILCS 5/2-1117 does not assign the largest share to the first driver.

Several Drivers

Section 2-1116 measures the injured person’s own share. The source is P.A. 103-1053, effective December 20, 2024. 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 section does not say that the driver who struck first carries the largest share, and it does not say that each insurer pays only its driver’s percentage of the medical expenses.

Speed Into Stopped Traffic

625 ILCS 5/11-601(a) provides that no vehicle may be driven on a highway of this State at a speed greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or that endangers any person or property. A speed within the applicable maximum does not relieve the duty to decrease speed when a special hazard exists with respect to other traffic or by reason of weather or highway conditions. The source is P.A. 104-787, effective August 7, 2026. The section does not name a substitute number for the posted limit.

At the Scene

If the vehicle can be moved out of the travel lanes without putting someone in the path of traffic, moving it reduces the chance of another impact. If it cannot be moved, the hazard lights make it easier to see. Call 911 and give the location and the number of vehicles you can see. Photograph the vehicles, the lanes, and the road surface from a place off the travel lanes.

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Frequently Asked Questions

Does the first driver carry the largest share of a pileup?

Section 2-1116 measures the injured person’s own share of the proximate cause. Section 2-1117 allocates the medical expenses and the other damages among defendants who are found liable. Neither section assigns the largest share to the first driver.

Can more than one driver be found at fault?

Yes. Recovery is barred when the plaintiff’s own contributory fault is more than 50 percent of the proximate cause. When that share is not more than 50 percent, the damages are diminished. Defendants who are found liable are then allocated under section 2-1117.

Does a speed within the posted limit satisfy section 11-601(a)?

No. A speed within the applicable maximum does not relieve the duty to decrease speed when a special hazard exists with respect to other traffic or by reason of weather or highway conditions.

When does section 13-202 require the action to be filed?

735 ILCS 5/13-202 requires the actions it covers to be commenced within 2 years next after the cause of action accrued. That two-year sentence does not cover damages resulting from first-degree murder or a Class X felony when the perpetrator is convicted of that crime. The source is P.A. 99-90, effective January 1, 2016.

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.

Multi-Vehicle Pileup on an Illinois Interstate: What to Do at the Scene