When you're injured in an accident in Illinois, determining who was at fault can significantly impact your ability to recover compensation. Illinois follows a legal rule known as comparative negligence, which plays a major role in personal injury claims. At Halliday McCall Accident Lawyers of Illinois, we help the Peoria community understand and navigate this rule to protect their legal rights.

What Is Comparative Negligence?

Comparative negligence is a system used to allocate fault among the parties involved in an accident. Instead of placing total blame on one party, this rule allows multiple parties to share responsibility. Illinois uses what’s called modified comparative negligence with a 51% bar rule. This means:

• You can recover damages as long as you are less than 51% at fault.
• Your compensation is reduced by your percentage of fault.
• If you are 51% or more at fault, you cannot recover any damages.

For example, if you were injured in a car accident and found to be 30% responsible, your total award would be reduced by 30%.

How Fault Is Determined

Insurance companies, attorneys, and sometimes juries assess the facts of the case to assign fault percentages. They consider:

• Police reports and witness statements
• Surveillance or dashcam footage
• Medical records and expert testimony
• The actions of all parties involved

Because of the complexity involved in assigning fault, having legal guidance can make a significant difference in the outcome of your case.

Why Comparative Negligence Matters

Even if you were partially to blame, you may still have a valid claim. Many accident victims assume they cannot recover compensation if they made a mistake, like speeding or failing to use a crosswalk. But under Illinois law, partial fault does not eliminate your right to seek damages, as long as your share of fault is less than 51%.

The Role of an Attorney

At Halliday McCall Accident Lawyers of Illinois, we understand how to gather the evidence and present a strong case that minimizes your share of fault. We work with accident reconstructionists, medical experts, and investigators to build compelling claims for injured individuals in Peoria and across Illinois.

Take Action Today

If you've been injured in an accident, don’t assume you’re out of options because you may be partially at fault. Comparative negligence can still allow for compensation. Speak with our legal team today to understand your rights and how we can help you move forward with your case.