How is Fault Determined in a Car Accident in Illinois?

Meyers, Flowers, Bruno, McPhedran and Herrmann - How is Fault Determined in a Car Accident in Illinois?

Determining fault in an accident can be a complex process that depends on the specific circumstances of the accident. The process of seeking recourse after a serious car accident can vary depending on the state, as negligence laws differ significantly across the U.S.

In Illinois, the law follows a modified comparative negligence rule when it comes to determining fault in car accidents. This means that the court will determine each party’s degree of fault and the damages awarded will be reduced based on the percentage of fault attributed to each party. For example, if the court determines that the other driver was 80% at fault, and you were 20% at fault for the accident, the damages awarded to you would be reduced by 20%. Therefore, if your damages were $10,000, you would receive $8,000, which is the remaining 80% of the damages.

An assignment of fault involves a thorough investigation of the circumstances surrounding the accident, such as the location, the vehicles involved, the road conditions, and the behavior of the drivers. To determine fault in an auto accident, several factors are considered, including:

  • Police Reports
  • Eyewitness Accounts
  • Physical Evidence
  • Traffic Laws
  • Driver Behavior
  • Road Conditions
  • Accident Type

Also, under Illinois’ modified comparative standard, there is a “cap,” so to speak, at 50% fault. This means that the plaintiff can only recover damages if they are found to be 50% or less at fault for the accident. If the plaintiff is found to be more than 50% at fault, they cannot recover monetary damages.

Each case is unique. It is important to remember that fault is not always clear-cut, and there may be multiple factors that contribute to an accident. Meyers, Flowers, Bruno, McPhedran & Herrmann’s litigation team combines years of experience in complex automobile lawsuits with the use of modern technology to achieve the best possible results for every client. Call us to explore your legal options: 815-223-0230.

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Peru, IL 61354


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