Can a Passenger Be Blamed for a Car Accident in Illinois?

Last Updated: October 24, 2026

A passenger who sues for bodily injury is still a plaintiff under 735 ILCS 5/2-1116. Recovery is barred when the passenger’s contributory fault is more than 50 percent of the proximate cause. When that fault is not more than 50 percent, damages are diminished in proportion to the passenger’s fault. 625 ILCS 5/12-603.1(c) says failure to wear a seat belt shall not be considered evidence of negligence and shall not diminish any recovery.

Comparative Fault Under Section 2-1116

In an action for bodily injury or death based on negligence, section 2-1116 bars the plaintiff from recovering damages if the trier of fact finds that the plaintiff’s contributory fault is more than 50 percent of the proximate cause of the injury. The plaintiff is not barred if that contributory fault is not more than 50 percent, but any damages allowed shall be diminished in the proportion to the amount of fault attributable to the plaintiff. The source is P.A. 103-1053, effective December 20, 2024. The section does not say that a passenger recovers in full whenever the passenger was not driving.

Seat-Belt Nonuse Under Section 12-603.1

Section 12-603.1(a) requires each driver and each passenger of a motor vehicle operated on a street or highway in this State to wear a properly adjusted and fastened seat safety belt, subject to the exceptions in subsection (b). A child less than 8 years of age is protected as the Child Passenger Protection Act requires. Subsection (c) says failure to wear a seat safety belt in violation of this section 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. The section does not cap a percentage reduction for nonuse, because subsection (c) says nonuse shall not diminish recovery. The sources are P.A. 97-16, effective January 1, 2012, P.A. 97-333, effective August 12, 2011, and P.A. 98-451, effective August 16, 2013.

Other Conduct by the Passenger

Subsection (c) addresses seat-belt nonuse. It does not decide an allegation that the passenger grabbed the controls, interfered with the driver, or chose to ride with a driver the passenger knew was impaired. If the trier of fact finds contributory fault from that other conduct, section 2-1116 supplies the bar and the proportionate reduction. A police report, a witness, or recorded vehicle data can be evidence of what the driver and the passenger did. The statute does not assign a percentage to conversation, and it does not say that choosing the ride eliminates the driver’s negligence.

An adjuster’s statement that the passenger shares fault is a position under section 2-1116. What the passenger says about the passenger’s own conduct can be evidence on that question. The comparative fault page discusses the same section.

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Frequently Asked Questions

Can seat-belt nonuse deny the claim or reduce the damages?

Section 12-603.1(c) says failure to wear a seat belt in violation of that section shall not be considered evidence of negligence, shall not limit the liability of an insurer, and shall not diminish any recovery. Other contributory fault is still measured by section 2-1116.

What if the passenger rode with a driver who had been drinking?

Section 12-603.1(c) does not decide that allegation. Section 2-1116 bars recovery when the passenger’s contributory fault is more than 50 percent of the proximate cause, and it diminishes damages when that fault is not more than 50 percent.

Does conversation with the driver count as fault?

Section 2-1116 asks whether the passenger’s contributory fault was part of the proximate cause and in what proportion. The section does not say that conversation is fault, and it does not say that conversation cannot be fault.

What should a passenger make of an insurer’s fault percentage?

The percentage is a position under section 2-1116. The trier of fact decides whether the passenger’s contributory fault is more than 50 percent of the proximate cause. A statement about the passenger’s own conduct can be evidence on that question.

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.