Can I file a personal injury case if I was partially at fault for my car accident?

Stephen J. Phillips: Yes. Illinois uses comparative fault, so being partly to blame does not stop you from recovering. The jury decides each side’s percentage of fault.

Attorney Stephen J. Phillips · Car Accidents · 57-second answer

Transcript

Automatically transcribed from the video’s audio and lightly edited.

Illinois has what’s called a comparative fault system of negligence, and what that means is that even if an injured person is partially responsible or partially at fault for an accident, they can still recover. What will happen is the jury will determine the amount of fault or the percentage of fault on behalf of the plaintiff and on behalf of the defendant. And as long as the plaintiff’s fault, the injured person’s fault, is less than 50 percent, the plaintiff can still recover, 10 percent, 20 percent, 30 percent, even 40, 49 percent. The plaintiff still has the opportunity to recover money damages. So, if you are partially at fault, that is okay.

Note: Under 735 ILCS 5/2-1116, an injured person is barred only if more than 50% at fault. At exactly 50% the claim survives, with the award reduced by the person’s share of fault.

Keep reading

• Read: partially at fault in a personal injury case
• Comparative negligence in Illinois
• More car accidents videos from Stephen J. Phillips
• Chicago car accident lawyers
• About Stephen J. Phillips