How Is Fault Determined for a Car Accident in Illinois?

After being involved in a car accident, one of the most pressing questions on your mind is likely, “who is going to be held responsible?” The answer isn’t always straightforward. Illinois uses a modified comparative negligence system that affects who can recover compensation, especially when fault is not clearly one-sided. How insurance companies, and law enforcement assign fault after a car crash is the difference between receiving full compensation and walking away with nothing at all.

At Cooney & Conway, our Chicago-based car accident lawyers have spent decades navigating Illinois’ complex injury cases. We recognize that behind every case is a person dealing with injuries, mounting medical bills, and the stress of not knowing where they stand legally. Our experience has shown us that many accident victims don’t realize how crucial the process of determining fault is to their recovery. Insurance companies often use Illinois’ comparative negligence laws to try to minimize payouts. We are here to ensure you understand your rights and have the strongest possible case when fault is being evaluated.

Need a legal team who fights for your interests and puts you first? Call Cooney & Conway.

Call to request a FREE, no-risk case review today. (800) 322-5573

Who Decides Who Is at Fault for a Car Accident?

After a car accident, multiple parties may weigh in on who caused the crash, but their roles and authority differ significantly. Each decision-maker has different motivations and limitations that can directly impact your compensation and legal rights.

Police Officers Document the Scene But Don’t Assign Legal Fault

Officers responding to a car accident scene focus on safety, traffic management, and documentation rather than making a legal determination of fault. They observe the crash scene, take detailed statements, and determine if any traffic citations should be issued. The police reports are an official document of the information they gather; they are not a legal assignment of fault. It is helpful if an officer gives a driver a ticket, but even then any alleged violations must still be proven in court. A driver can still be at fault for a crash even if no ticket was issued.

Insurance Adjusters Make the Initial Assessment

Insurance adjusters are typically the first to assign fault after an accident. During their investigation, they review the police report, interviewing parties and witnesses, and examining vehicle damage. Their goal is to quickly and cost-effectively assess and resolve claims to the insurance company’s financial advantage; it is not to establish legal truth. Adjusters are not legal experts, and their findings are not legally binding. This is why different insurance companies often reach conflicting conclusions about the same accident.

Courts Make Final Determinations If Cases Go to Trial

When insurance settlements cannot be reached or fault is heavily disputed, courts provide the final legal determination of responsibility through judges or juries who examine all available evidence under Illinois law. Courts have access to expert witnesses, accident reconstruction specialists, and detailed testimony, and they are bound by legal standards, rather than cost considerations. Their decisions are legally binding and enforceable, making them the ultimate authority when fault disputes cannot be resolved through insurance negotiations.

What If I Am Partially to Blame for the Car Crash That Injured Me?

Many car accident victims worry they won’t be able to recover anything if they helped to cause the crash. Illinois recognizes that most accidents involve complex circumstances where multiple factors contribute to a crash. Under the state’s comparative negligence law, you can still recover compensation for your injuries, even if you share some responsibility for what happened.

What Is Comparative Negligence and How Does it Work in Illinois?

Illinois follows a “modified comparative negligence” system with a 51 percent rule. This means you can recover damages as long as you are not more than 50 percent at fault for the accident. Illinois strikes a middle ground that protects genuinely injured victims while preventing people who are primarily responsible for an accident from collecting damages.

How Fault Percentages Get Assigned

Insurance adjusters and juries assign specific fault percentages to each party based on their actions and traffic law violations. They examine factors like speed, right-of-way violations, distracted driving, and failure to follow traffic signals.

Real-World Examples of Fault Determination

The process considers how directly each party’s actions caused the accident. Here are a couple of examples:

• If you were texting while the other driver ran a red light, you may be assessed with 20 percent of the fault while the other driver gets 80 percent fault.
• A driver who rear-ends someone while following too closely might be found 100 percent fault.
• A driver who fails to signal before being hit by a speeding motorist might receive only 10 to 15 percent of total fault for a crash.

The key concern with being assessed with fault is how it directly impacts the amount of compensation you can recover.

How Does My Percentage of Fault Affect My Settlement?

Your fault percentage directly reduces any compensation you are awarded dollar-for-dollar under Illinois law. Here are some examples of how that could play out:

• If your total damages equal $100,000 and you are assigned 30 percent fault, you will receive $70,000 (your awarded total of $100,000 less your 30 percent of fault).
• A 10 percent fault assignment in a $50,000 case means you collect $45,000.
• If you are assessed with 40 percent fault in a $200,000 case, your recovery total is $120,000.

In addition to assessing fault, there are four legal elements that must be established to prove negligence.

What Four Elements Are Used to Prove Negligence in a Car Crash Claim?

Before any fault percentages or settlement calculations matter, you must first prove that the other driver was legally negligent. Illinois law requires four specific elements to establish negligence, and all four must be present for you to recover compensation. Understanding these elements helps explain why having an experienced attorney evaluate your case is crucial to maximizing your recovery.

• Duty of Care: The other driver had a legal duty to operate their vehicle safely and follow traffic laws. All drivers have this fundamental duty to other motorists, pedestrians, and passengers on Illinois roads.
• Breach of Duty: The other driver violated their legal duty through negligent actions or a failure to act. A violation of duty could include speeding, running red lights, texting while driving, or failing to yield the right-of-way.
• Causation: The other driver’s breach of duty directly caused your accident and injuries. There must be a clear link between their negligent action and the harm you suffered.
• Damages: You must have suffered actual, measurable losses from the accident. This includes medical expenses, lost wages, property damage, pain and suffering, and other documented harms.

Illinois Traffic Laws and How They Are Used to Determine Fault

When determining fault in car accidents, insurance adjusters and courts look directly to Illinois traffic laws to establish which driver violated their legal duties. Specific traffic violations create clear evidence of negligence and often determine fault percentages. The most common violations that lead to liability include:

• Right-of-Way Violations at Intersections: Drivers must yield to oncoming traffic when turning left and follow established right-of-way rules at four-way stops. These violations often result in high fault percentages since intersection laws exist specifically to prevent crashes.
• Merging and Lane Changes: Drivers must yield to traffic already established in the lane and signal their intentions before changing lanes. Failure to check blind spots or properly signal typically assigns significant fault to the merging driver.
• Following Too Closely: In Illinois, drivers are required to maintain an appropriate (safe) following distance. When following any vehicle, this distance enables you to stop safely, even if the vehicle ahead stops suddenly. Rear-end collisions often result in fault assignment to the following driver under this rule.
• Failure to Maintain Safe Speed: Drivers must operate at speeds considered reasonable for road, weather, and traffic conditions, even if means driving below the posted speed limit. Speed-related crashes often involve shared fault based on how excessive the speed was for conditions.
• Traffic Signal and Stop Sign Violations: Running red lights or failing to come to complete stops creates strong evidence of fault. These violations are often supported by witness testimony, traffic cameras, or physical evidence.
• Distracted Driving Violations: Illinois prohibits handheld cell phone use while driving, and distracted driving creates strong evidence of negligence when proven through phone records or witness testimony.
• Impaired Driving Violations: Driving under the influence of alcohol or drugs creates powerful evidence of negligence, though fault percentages still depend on how the impairment contributed to the specific accident circumstances.

How Cooney & Conway Use Evidence to Dispute Liability on Your Behalf

If the insurance company assigns fault to you in an accident, we quickly spring into action to investigate the circumstances, gather compelling evidence, and aggressively dispute any unfair liability assessment on your behalf.

Here are a few ways we fight to dispute unfair liability on your behalf:

• Thorough Scene Investigation: We visit the site of the accident to photograph the location and other elements that may have led to the accident. Once at the crash scene, we measure skid marks, analyze traffic patterns, and document factors like road defects or obstructed sight lines.
• Expert Witness Accident Reconstruction: If needed, we can even bring in accident reconstruction specialists, engineers, and biomechanical experts who combine high-tech with scientific methods to determine the cause of the crash and pinpoint fault.
• Surveillance Footage Recovery: We act quickly to preserve video evidence from traffic cameras, nearby businesses, dash cams, and other sources before it can be deleted or recorded over. When available, visual proof is hard to dispute and may provide clear evidence of what happened.
• Comprehensive Witness Interviews: Our attorneys conduct detailed interviews with witnesses, passengers, and other drivers to gather testimony. Often this enables us to dispute the initial fault assessed against you and support your version of events.
• Police Report Analysis And Correction: We scrutinize the accident report for any errors or missing information. While reviewing the details, we check to see if conclusions were drawn without proper investigation. When we find errors, we take steps to have them corrected.

Injured in an Illinois Car Crash? Here’s How You Can Protect Your Rights

Getting injured in a car crash is a traumatic experience for most people. If another driver is to blame, taking the right steps immediately after the accident significantly impacts your ability to recover fair compensation. Many accident victims unknowingly make mistakes that hurt their case in the minutes, hours, or days that follow. The most common errors, such as admitting fault or accepting quick settlement offers, can leave you paying thousands or more out of your own pocket.

Here’s are some steps you can take to protect your legal rights and strengthen your potential claim:

• Call 911 to bring police to the scene of the accident
• Seek immediate medical attention even if your injuries seem minor
• Make sure you have the contact information of all drivers and witnesses
• Contact your insurance company but avoid giving recorded statements
• Keep detailed records of all treatments, injuries, and costs related to the crash
• Have your attorney review any settlement offer from the insurance company
• Get a copy of your car crash police report as soon as it is available
• Seek legal help as soon as your crash injuries have been stabilized

How Long Do I Have to File a Car Accident Claim in Illinois?

In Illinois, you generally have two years from the date of your car accident to file a personal injury lawsuit. The statute of limitations can vary, depending on the specific circumstances of your case.

Although two years may seem like a long time, we cannot stress enough how important it is not to delay seeking legal help and begin preparing for your claim. The legal timeframe gives your attorney time to preserve evidence, gather witness testimony while memories are fresh, and avoid potential complications with insurance companies.

The sooner you contact our knowledgeable legal team, the better we can position a strong and compelling case on your behalf. Taking action earlier helps to optimize your claim and secure the fair compensation you deserve for your injuries and damages.

Call Cooney & Conway for an Experienced Lawyer You Can Trust

Don’t let insurance companies take advantage of you during this difficult time. Our trusted law firm has a proven history of securing favorable outcomes for our clients. With more than six decades of combined experience, our team of highly qualified attorneys are ready to work tirelessly to recover the compensation you deserve.

Worried about cost? Don’t be. Your consultation is confidential and completely free. We take injury cases on contingency, which means you pay us nothing – no upfront fees or costs – when we represent you.

Call Cooney & Conway for legal help today. (800) 322-5573