Can I be found to be partially at fault for my injuries in a car accident?

Stephen D. Phillips: Yes. Under comparative fault the jury assigns each side a percentage. A plaintiff over 50% responsible recovers nothing, and otherwise the recovery is reduced by the plaintiff’s percentage of fault.

Attorney Stephen D. Phillips · Car Accidents · 38-second answer

Transcript

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

Yes, in Illinois we have law called comparative fault and what the jury’s instructed to do is look at 100% of the fault that’s related to an accident or injury and determine percentage-wise how much the plaintiff’s conduct played a role. So when they look at 100% of the fault, if the plaintiff is found over 50% responsible for their own injury, they do not recover anything. If the jury finds the plaintiff less than 50% fault, their recovery for the plaintiff is reduced by their percentage of fault.

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.

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