In Illinois, the fault-based insurance laws make it essential to identify the negligent party or parties in personal injury compensation claims. However, it is often far from straightforward to do so. More than one party may be at fault. The state’s modified comparative negligence laws take into account how much fault each driver contributed before claims are paid. Let’s look at this a little closer to see what it may mean for anyone injured in an accident in Illinois.
What is modified comparative negligence in Illinois?
Under Illinois law 735 ILCS 5/2-1116, modified comparative negligence rules apply in personal injury cases. This means that the liability for an accident can be shared among more than one party in proportion to their degree of fault. Strict rules apply to the acceptable fault thresholds for any injured party to be able to file a claim.
The 50 percent fault threshold
The 50 percent threshold or “51 percent bar” prevents anyone who was over 50 percent at fault for an accident from filing a personal injury lawsuit and seeking compensation for losses. To recover damages, an injured party must be 50 percent or less at fault for the incident. Note: 50 percent fault does not bar you from filing a claim.
How are damages reduced?
If you are 50 percent or under at fault for an accident in which you claim compensation, any damages awarded will be reduced in proportion to the degree of fault apportioned to you. In other words, the total compensation due is calculated by subtracting the amount corresponding to your percentage of responsibility from the total amount of damages.
How modified comparative negligence works in car accident claims
Accident injury victims can claim a range of damages if they can prove liability, from medical expenses and lost wages to pain and suffering. The level of compensation may depend on Illinois’ modified comparative negligence laws. A couple of examples of shared-fault accidents best illustrate how it works:
Example 1: A car accident with shared fault
Say you were involved in a car accident and claim $100,000 in damages. If you are deemed 51 percent at fault for the accident by the court, you would receive nothing. If, however, you are deemed 25 percent at fault for the accident and the other driver 75 percent, you would receive: $100,000-$25,000=$75,000.
Example 2: Boating accident with shared fault
Say you were involved in a boating accident and claim $150,000 in damages. If you are deemed one-third at fault for the accident and the boat manufacturer two-thirds, you would receive: $150,000-$50,000=$100,000.
What is the process for determining the appropriate compensation?
The Illinois modified comparative negligence rules in personal injury cases work according to the following process:
- Determine fault: Victims and their lawyers, insurance companies, and the courts may all have different opinions on who was at fault, based on evidence such as police reports, witness statements, CCTV footage, expert analysis, etc.
- Proving fault: Victims must either settle out of court through negotiation with the insurance company or allow a judge or jury to decide. Accident victims who hire legal representation are often better equipped to prove fault. Compelling evidence can be presented to protect victims and minimize their share of fault, effectively preventing the insurance company from using strategies aimed at limiting their liability and minimizing payouts—as is common.
- Compensation determined and fault deducted: The total compensation will be determined and deducted according to the types of calculations made in the above examples.
How is the comparative negligence rule applied by juries in Illinois personal injury cases?
Let’s assume an Illinois personal injury case involves a car and a motorcycle approaching an intersection.
- One afternoon, Jamie, a motorcyclist, is traveling north on Veterans Parkway. Alex, driving a car, is turning left from Empire Street onto Veterans Parkway.
- Jamie is exceeding the speed limit of 35 by 10mph.
- Approaching the intersection, Alex misjudges the distance of the oncoming motorcycle and makes a left turn without yielding,
- The motorcycle collides with the right front fender of Alex’s car, throwing Jamie off the bike.
- Jamie suffers a fractured leg and $100,000 in total damages, including lost earnings and pain and suffering.
If the case ends up at trial, a judge or jury will weigh up the evidence and determine the level of fault apportioned to each driver. For instance, in the above example, Alex (the driver who failed to yield) may be deemed 60 percent at fault, while Jamie, the speeding motorcyclist, may be deemed 40 percent at fault.
According to Illinois’ modified comparative negligence laws and the “51 percent bar”, Jamie can still recover damages, despite being partly at fault. He would receive $100,000-$40,000= $60,000.
Why Illinois’ modified comparative negligence rule matters for accident victims
The modified comparative negligence laws in Illinois can impact the ability to recover damages in a personal injury case—and the amount received.
Shared fault is quite common. Motor vehicle accidents, boating accidents, and slip-and-fall accidents often all involve shared fault and multiple contributing factors.
Insurance companies actively seek opportunities to exploit the laws to their advantage. They can deny claims or reduce payouts by claiming shared liability. Because the 51 percent bar is strictly applied in Illinois, the right to compensation can be lost completely based on a claimant’s elevated level of liability.
The more complex a case is, the more essential it is to hire experienced legal assistance.
Protecting your rights under Illinois’ modified comparative negligence rule
You can protect your rights in Illinois personal injury cases by:
- Gathering as much evidence as you can at the time of the accident and afterward.
- Never admitting fault to loss adjusters at insurance companies, and
- Allowing your personal injury lawyer to conduct all communications and negotiations with the relevant parties involved.
Dodds Law Office, PC has represented many victims in comparative negligence cases in Illinois. We have the necessary knowledge, experience, and resources to secure a favorable outcome from your compensation claim. Contact us for a free case evaluation.
