What Is Comparative Negligence in Illinois?

The bedrock principle of personal injury law is that someone who causes an accident should be financially responsible for its consequences. But what happens when more than one person contributes to an accident? Should a defendant have to pay an accident victim who was partially to blame for their own injuries? These scenarios are why many states have adopted a comparative negligence system for personal injury claims. Here’s what you need to know about comparative negligence in Illinois and how it could affect your case.

Defining Comparative Negligence

Comparative negligence is a legal principle that allocates fault among parties involved in an accident. This concept recognizes that multiple parties may share responsibility for an incident rather than placing blame solely on one individual or entity.

Illinois law follows a modified comparative negligence rule. This approach allows injured parties to recover compensation as long as they bear less than 51% of the fault for the accident. However, the compensation they can receive reduces in proportion to their assigned percentage of fault.

Here’s a hypothetical car accident that illustrates the concept in action. Let’s say Jim makes a left turn in front of Linda, who is driving 10 miles per hour above the speed limit. Linda suffers a serious back injury and sues Jim to recover compensation. The court awards Linda $100,000 in damages. It also finds that Jim is 70% to blame for the accident, since he turned left against traffic when it was not safe to do so. Linda is assessed the remaining 30% because she was speeding. Illinois law dictates that Jim is only responsible for his 70% share of the damages, which means Linda receives $70,000 instead of the full $100,000.

This system ensures that compensation aligns with each party’s level of fault. It encourages careful consideration of all factors contributing to an accident and promotes fair distribution of financial responsibility.

Determining Fault Percentages

Establishing fault percentages under the comparative negligence principle is a complex process. Courts will weigh evidence like the following to make their determination:

• Eyewitness testimonies
• Physical evidence from the accident scene
• Video footage, if available
• Medical records and expert medical testimony
• Expert opinions and reconstructions

The Impact on Insurance Claims

While the comparative negligence law binds courts, not insurance companies, the concept naturally affects the insurance claims process after an accident. Insurance companies make settlement offers based on what they think would happen in court. If an adjuster suspects that their policyholder will be found to be 80% at fault for an accident, they know a lowball offer could end up with the case going to trial. As such, they’re more inclined to make an offer that aligns with how a court would likely rule, since doing so will save them time, money, and effort.

The Importance of Legal Representation

Hurt in an accident in Illinois? Then contact the experienced attorneys at The Law Offices of Goldfine & Bowles for personalized advice on your specific case and how Illinois’ comparative negligence laws could affect it. We look forward to meeting you during a free initial consultation.