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Can I Recover Damages If I Was Partially At Fault For A Car Accident In Illinois?

Aftermath of car crash

Even if they were partially responsible for a crash, victims can still suffer weeks of medical appointments, lost income, and increased financial stress. While Illinois law allows at-fault drivers to recover payment for their losses, there are limits on the maximum amount of damages they can be awarded.

How Fault Affects the Amount of an Illinois Car Accident Claim

The state of Illinois follows a modified comparative fault law, meaning the driver who caused the accident is liable for any damages. However, if both drivers are considered to be at fault, each one will receive damages based on his or her degree of fault.

If your actions played a role in causing your accident, you may still collect compensation under the following conditions:

  • You are less than 50 percent at fault for crash. You must be able to prove that you were less than 50 percent liable for the accident. Otherwise, you will be barred from compensation altogether.
  • Your judgment is reduced by your amount of fault. Once the percentage of fault has been established by the judge in your case, your damages will be reduced by that percentage. For example, if your judgment is $100,000, but a judge determines that you are 30 percent at fault, you are only entitled to $70,000.
  • The other driver was uninsured. If you were partly to blame for a car accident in which the other driver was uninsured (or the other driver fled the scene), you may be able to collect payment under your own uninsured motorist policy.

As you can see, the amount you may recover in these types of cases relies heavily on the specific factors in the case. Our Illinois car accident lawyers can help you gather the necessary evidence to support your claim, allowing you to maximize the amount of available compensation. We can also examine your own insurance coverage to see if there are other potential sources of payment, such as MedPay, comprehensive coverage for vehicle repair, or uninsured motorist coverage. Contact The Tapella & Eberspacher Law Firm via our online contact form to schedule an appointment, or learn more in our FREE book, When the Rules of the Road Get Broken: A Guide to Illinois Car Wreck Cases.