Traffic accidents are complex events where the fault can often lie with more than one party. In Illinois, laws acknowledge this reality and allow individuals who were partly at fault for a crash to collect compensation.
Here is some information about how in Illinois, the principle of comparative negligence plays a critical role in determining compensation in accident cases.
Understanding comparative negligence
Under the doctrine of comparative negligence, courts assess the degree of fault for each party involved in an accident. The court reduces each party’s potential compensation according to their percentage of fault. For example, if you were 30% responsible for a crash, any compensation awarded to you is 30% less than the full amount.
Illinois follows a modified version of comparative negligence. This means you can recover damages as long as you are not more at fault than the other party or parties involved. If the court determines you were 50% or more at fault, you get no compensation.
Once they determine fault percentages, you can claim compensation for your losses, which might include medical expenses, property damage, lost wages and pain and suffering. However, remember that the court reduces your compensation according to your share of the fault.
For instance, if your total losses amount to $10,000 and you were 30% at fault for the accident, you would receive 70% of your total losses, or $7,000. This reduction reflects your partial responsibility for the crash.
Illinois’ comparative negligence laws allow you to collect compensation even if you were partly at fault for a crash, provided you were not more at fault than the other parties involved.