If you share blame for a car crash in Illinois, your contribution will determine whether you can claim any compensation and the amount due to you. This is in line with the state’s modified comparative negligence rules. Here is a breakdown of what the law says.
In short, each driver’s level of fault for the accident matters. Should your contribution to the crash equal or exceed that of the other driver, you cannot recover any compensation for the harm or loss you suffered from the accident. Also, your percentage of fault for the accident will diminish the recoverable compensation.
For instance, if it is established that you were 40% responsible, you can only recover 60% of the damages awarded. However, if it’s the other way round where you bear greater responsibility, you will not get any compensation.
How is fault determined after a car accident?
Establishing each driver’s contribution to an accident is not always so straightforward. It all depends on the circumstances of the crash and whether there are conflicting versions from the parties involved.
Police reports, eyewitness accounts and even statements from the drivers can all help ascertain each driver’s contribution to the crash. Car crash experts can also help provide crucial information about the events leading to the accident.
Get help with your car accident claim
Every step in your car accident claims process matters, especially when it comes to investigating and assigning fault. In some cases, you may be apportioned more blame than necessary. It could negatively impact your claim in various ways.
It explains the necessity of having adequate legal guidance at all stages of the claims process to ensure you understand your legal rights and the options available to set things right.