Illinois Comparative Fault: Can You Still Recover If You Were Partly to Blame?

One of the most common questions we hear after a crash is: “Can I still recover compensation if I was partly at fault?” In Illinois, the answer is often yes — but insurance companies use comparative fault arguments as a major tool to reduce payouts.

This guide explains how Illinois comparative fault works, when recovery is barred, and what you can do to protect your claim. If you want help evaluating fault, Parker & Parker offers free consultations and no fee unless we win.

Illinois’ Modified Comparative Negligence Rule (735 ILCS 5/2-1116)

Illinois follows a modified comparative negligence system under 735 ILCS 5/2-1116.

• You may recover damages if you are 50% or less at fault.
• Your recovery is reduced by your percentage of fault.
• If you are more than 50% at fault, you cannot recover.

That means comparative fault does not automatically destroy your case. But it can reduce recovery — and insurers try to use it aggressively.

Examples: How Fault Percentage Changes Your Recovery

Comparative fault is easiest to understand with examples:

• You are 10% at fault and total damages are $100,000 → recovery becomes $90,000.
• You are 30% at fault and total damages are $100,000 → recovery becomes $70,000.
• You are 50% at fault and total damages are $100,000 → recovery becomes $50,000.
• You are 51% at fault → recovery becomes $0 (barred).

Why this matters: insurance companies often try to push fault above 50% so they can deny your claim entirely.

How Insurance Companies Use Comparative Fault to Reduce Payouts

Even when fault seems clear, insurers commonly argue you contributed to the crash. This helps them justify low settlement offers or deny responsibility.

Common comparative fault arguments

• You were speeding or “driving too fast for conditions.”
• You failed to brake quickly enough or “could have avoided” the crash.
• You were distracted (phone, radio, passengers).
• You changed lanes improperly or failed to signal.
• You were “following too closely” (common in chain-reaction crashes).
• You entered the intersection too late or misjudged timing.

Related: Learn how insurers minimize claims in Why some victims get low settlement offers (and what to do).

Evidence That Helps Defeat Comparative Fault Arguments

Fault disputes are evidence disputes. The strongest cases preserve proof early and document injuries consistently.

What evidence matters most

• Crash report and diagram (including citations)
• Witness statements
• Photos of vehicle positions, intersection layout, road conditions
• Video footage from traffic cameras or nearby businesses
• Vehicle data (event data recorder / “black box”)
• Medical documentation that connects symptoms to the crash

Related: If fault is disputed because of an intersection crash, see our guide on Intersection & T-Bone accidents.

Related: For rear-end cases where insurers claim “you stopped short,” see our guide on Rear-End collisions.

Recommended Reading (Settlement Value & Insurance Tactics)

Want a deeper breakdown? These articles explain settlement value drivers, what to do after a crash, and insurer tactics that reduce payouts.

How Comparative Fault Affects Settlement Negotiations

Comparative fault is one of the most powerful tools insurers use to justify low offers. Even if they admit some liability, they may argue partial fault so they can reduce the payout percentage.

How we counter comparative fault arguments

• Gather evidence early (witnesses, video, vehicle data)
• Identify contradictions in the other driver’s story
• Use crash report details and damage patterns
• Build a complete medical narrative and consistent treatment record
• Negotiate from a position of proof and leverage

Related: For a deeper look at what drives compensation, see What affects a car accident settlement.

FAQs: Illinois Comparative Fault

What is comparative fault in Illinois?

Illinois follows modified comparative negligence under 735 ILCS 5/2-1116. You may recover if you are 50% or less at fault, but your recovery is reduced by your fault share. If you are more than 50% at fault, you cannot recover.

Can I still recover if I was partially at fault?

Yes. As long as you are 50% or less at fault, you can recover damages reduced by your fault share.

Why do insurers try to assign partial fault?

Assigning partial fault reduces payouts. Insurers often argue distraction, speed, or delayed reaction even when liability is primarily on the other driver.

What if the insurance company says I was 51% at fault?

Recovery is barred only if you are more than 50% at fault. Insurers may try to push fault above 50% to deny paying. A lawyer can challenge that allocation with evidence and analysis.

Does comparative fault affect settlement negotiations?

Yes. Fault is often used as leverage. Strong evidence and consistent medical documentation improve negotiation power.

Want the main overview page? Visit our Peoria Car Accident Lawyer hub for a complete guide to Illinois car accident claims and next steps.