Skip to Content
Call or Text for a Free Consultation 309-673-0069
Call or Text for a FREE CONSULTATION 309-673-0069

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

One of the most common questions 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 regularly use comparative fault arguments to reduce or deny claims.

This page explains how Illinois comparative fault works, when recovery is barred, how Peoria and Central Illinois courts apply the rule, and what you can do to protect your case.

In Peoria County and across Central Illinois, fault disputes come up in everyday crashes — winter road conditions, busy intersections along War Memorial Drive, sudden stops on I‑74, and multi-vehicle collisions on I‑474. Small details can significantly affect fault percentages.

Free consultation. No fee unless we win. We can review your crash report and explain how comparative fault affects settlement value.

Get a Free Case Review
Call 309-673-0069

On this page:

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 50% threshold is critical. If a jury finds you 51% responsible for causing the crash and your injuries, recovery is barred. If you are 50% or less, you can still recover — but the award is reduced proportionally.

Comparative fault does not automatically destroy a case. But it gives insurers leverage. Adjusters in Peoria-area claims often try to push fault percentages high enough to reduce payout or eliminate liability altogether.

What “fault” actually means

Fault is not just about who received a ticket. It focuses on whether a driver failed to use ordinary care and whether that failure proximately caused the crash and resulting injuries.

Even if you made a minor driving mistake, that does not necessarily mean you are mostly at fault. The law compares each driver’s conduct side by side and assigns percentages that must total 100%.

In practice, fault disputes usually center on:

  • Right-of-way at intersections
  • Speed relative to road and weather conditions
  • Following distance in rear-end collisions
  • Lane changes and merging behavior
  • Driver attention and lookout

Understanding how those factors are evaluated is essential in Peoria and Central Illinois crash claims.

How Illinois Courts Apply Comparative Fault in Car Accident Cases

If a case cannot be resolved through insurance negotiations, it may proceed to litigation in the Peoria County Circuit Court at the Peoria County Courthouse.

When a comparative fault dispute reaches trial, judges use Illinois Pattern Jury Instructions to guide jurors. Jurors are instructed to determine:

  • Whether each party was negligent
  • Whether that negligence caused injury
  • The percentage of fault attributable to each party

Jurors must assign percentages that total 100%. If the plaintiff’s percentage exceeds 50%, recovery is barred under 735 ILCS 5/2-1116. If 50% or less, damages are reduced accordingly.

Judges emphasize that fault allocation must be based on evidence — testimony, photographs, crash reports, expert reconstruction, and medical documentation. Insurance company determinations are not binding in court. A Peoria jury can assign a very different percentage than an adjuster initially proposed.

This distinction matters. Early fault assignments by insurers are negotiation positions. In court, fault is decided by the fact-finder after a full presentation of evidence.

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).

Insurance companies often attempt to push fault over the 50% mark to eliminate payment entirely.

“Total damages” may include medical bills, lost income, future treatment costs, pain and suffering, and loss of normal life. Comparative fault applies to the entire damage award.

Comparative Fault in Multi-Vehicle Accidents

Multi-vehicle crashes are common on Central Illinois highways and often create complex fault disputes. In chain-reaction collisions, each driver’s actions before and during impact are examined separately.

In a three-car collision, for example, one driver may be primarily responsible for failing to stop, while another may share some responsibility for following too closely. Percentages are assigned to each driver based on their contribution to the crash.

Middle vehicles are frequently targeted by insurers. If you were struck from behind and pushed into another vehicle, insurers may still attempt to assign fault. Evidence such as skid marks, vehicle damage patterns, dashcam footage, and witness statements can clarify whether you had any realistic opportunity to avoid the collision.

In Peoria winter conditions, stopping distances increase dramatically. Driving “too fast for conditions” is often debated in snow or ice-related pileups.

How Insurance Companies Use Comparative Fault to Reduce Payouts

Even when liability seems straightforward, insurers frequently argue that the injured driver contributed to the crash. Understanding the insurance settlement timeline helps you prepare for these tactics.

Common comparative fault arguments

  • You were speeding or driving too fast for conditions.
  • You could have braked sooner or avoided impact.
  • You were distracted.
  • You followed too closely.
  • You failed to signal or changed lanes improperly.
  • You misjudged intersection timing.

Adjusters may rely heavily on recorded statements, selective crash report language, or incomplete medical information to support these arguments.

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

How Comparative Fault Interacts with UM/UIM Coverage

Illinois requires uninsured motorist (UM) coverage under 215 ILCS 5/143a. Underinsured motorist (UIM) coverage is governed by 215 ILCS 5/143a-2 and must be offered with most policies.

If the at-fault driver is uninsured or underinsured, you may pursue a claim through your own policy. However, comparative fault still applies. Your insurer can argue that you were partially responsible.

If you are more than 50% at fault, recovery under UM/UIM coverage may be barred because you are not “legally entitled to recover” from the other driver. If you are 50% or less at fault, your recovery is reduced proportionally.

UM/UIM claims in Peoria often proceed through arbitration. Even though you are dealing with your own insurer, the process can feel adversarial, particularly when fault is disputed.

Evidence That Helps Defeat Comparative Fault Arguments

Fault disputes are evidence disputes. Strong documentation can shift percentages significantly.

What evidence matters most

  • Crash report and officer observations
  • Photographs of vehicle positions and damage
  • Video footage from traffic or business cameras
  • Witness statements
  • Event data recorder (black box) information
  • Medical documentation linking injuries to the crash

Prompt documentation is especially important in Peoria-area crashes where road conditions, traffic patterns, and visibility can affect fault analysis.

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.

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

You may also find these practice area pages helpful:

What Affects a Car Accident Settlement in Peoria, IL?

Learn the biggest value drivers — injury documentation, consistent treatment, and liability clarity — and how to protect your recovery.

Read the article →

Why Some Car Accident Victims Get Low Settlement Offers (and What to Do)

Insurers often focus on “minor impact,” selective record review, and fault arguments. Learn how to protect your claim value.

Read the article →

What To Do After a Car Accident in Illinois (Step-by-Step)

A practical checklist to protect your health and your claim — documentation, medical care, and what to avoid saying to insurers.

Read the guide →

Release of Liability Form: Don’t Sign Too Fast

A release can permanently end your claim — even if injuries worsen. Learn why early settlements are risky and how insurers use releases to limit payouts.

Read the article →

How Comparative Fault Affects Settlement Negotiations

Comparative fault plays a major role in settlement discussions. Adjusters often calculate an internal damage value (see our guide on how car accident case value is determined) and then apply a “fault discount.”

How we counter comparative fault arguments

  • Presenting detailed accident reconstruction when needed
  • Clarifying right-of-way and traffic law issues
  • Highlighting objective medical findings
  • Addressing alleged gaps in treatment
  • Anticipating and rebutting common defense themes

At Parker & Parker Attorneys at Law, we focus on early evidence preservation and consistent documentation to prevent inflated fault percentages from driving down settlement value.

Unsure if you can still recover? We can evaluate your situation and explain how Illinois comparative fault may apply.

FAQs: Illinois Comparative Fault

What is comparative fault in Illinois?

Comparative fault is a legal rule under 735 ILCS 5/2-1116 that reduces your compensation by your percentage of responsibility. 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. Your damages will be reduced by your assigned percentage.

Why do insurers try to assign partial fault?

Reducing your fault percentage reduces what they must pay. If they push fault above 50%, they may deny the claim entirely.

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

Their opinion is not final. A court or jury can assign a different percentage based on the full evidence.

Does comparative fault affect settlement negotiations?

Yes. Insurers routinely factor alleged fault into their settlement offers.

How does comparative fault work in a multi-car pileup?

Each driver’s conduct is evaluated separately, and percentages are assigned so they total 100%. You can still recover if your share is 50% or less.

Can the jury assign different fault percentages than the insurance company?

Yes. Insurance allocations are internal decisions. A Peoria County jury can assign fault based on the evidence presented at trial.

Does comparative fault apply to passenger injury claims?

Generally, passengers are not responsible for driving decisions. However, insurers may argue fault if a passenger’s conduct contributed to the crash. Each case depends on specific facts.

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

Parker & Parker Attorneys at Law is located at 300 NE Perry Ave., Peoria, IL 61603. Call 309-673-0069 or use our contact form to discuss your case.


Schedule a Consultation

Tell Us Your Story.

Practice Areas