Can I Sue for a Car Accident if I Was Partially at Fault?

 Posted on August 14, 2025 in Car Accidents

Car accidents are rarely simple affairs because, in many cases, both drivers made decisions that contributed to the crash. If you were partly at fault, you might assume you cannot recover anything. That is not necessarily true under Illinois law. You may still be entitled to financial compensation, even if your actions played a role in what happened.

Illinois follows a system of modified comparative negligence, which allows injured people to sue for damages so long as they were less than 51 percent at fault. That rule makes it possible for drivers who are partially to blame to still recover significant settlements or verdicts.

Schwartz Injury Law’s Will County personal injury attorneys have aggressively represented injury victims throughout Illinois for decades. Our team has secured many multi-million dollar settlements for clients, and we are always ready to take a case to trial if insurers try to lowball or shift blame.

How Fault Is Determined in an Illinois Car Accident

The question of "who was at fault" is often more complicated than it first appears. In the immediate aftermath of a crash, police may issue a ticket or include a preliminary finding in their report. But that report is not the final word. Insurance companies, lawyers, judges, and juries all analyze fault independently and differently.

During insurance negotiations, adjusters rely on police reports, photos, dash cam or surveillance footage, vehicle damage, and witness statements. Their goal is to assign a percentage of fault to each party. If they believe you were more than 50 percent at fault, they may deny your claim entirely.

That is where our experience and tenacity matter. We gather evidence quickly, use expert accident reconstructionists, and push back hard on any exaggerated or incorrect blame. We often find that when we present the full story, the assessment of fault changes dramatically.

If your case goes to trial, fault is decided by a judge or jury. Under Illinois law, each party’s actions are weighed, and a percentage of responsibility is assigned. As long as you were 50 percent or less at fault, you can recover damages, but the total award will be reduced by your share.

For example, if a jury finds that you suffered $400,000 in damages and were 25 percent at fault, you would still receive $300,000.

Examples of Cases Where Shared Fault Did Not Prevent Recovery in Car Crashes

Consider a real-world scenario from suburban Chicago: A driver was hit while turning left at an intersection. The other car was speeding, but the injured driver admitted she misjudged the oncoming vehicle’s speed and turned too soon. At first, the insurance company claimed she was mostly at fault. But traffic camera footage showed the other car was going nearly 60 in a 35 mph zone. After an attorney got involved, liability was reassessed, and the client ultimately recovered a six-figure settlement.

In another case, a man changed lanes on I-80 without signaling and was hit by a box truck in his blind spot. The truck driver argued that our client made an unsafe maneuver. But the investigation revealed that the truck was also speeding and failed to maintain a safe following distance. The jury placed 40 percent of the fault on the man, but still awarded him $750,000 due to the extent of his spinal injuries and loss of income.

Even in cases involving rear-end collisions, where fault often seems straightforward, there can be shared responsibility. For instance, if you were rear-ended but your brake lights were out or you stopped suddenly for no clear reason, a jury might assign some portion of the blame to you. But partial fault is not a bar to recovery unless it crosses the 50 percent threshold.

Common Car Crash Scenarios Involving Shared Fault

Some of the most common types of crashes where fault is contested and often shared include:

• Accidents at four-way stops, when two drivers proceed at nearly the same time and each believes they have the right of way. Even if you were slightly delayed in stopping or began moving forward too soon, the other driver’s conduct might have been just as risky.

• Side-swipe accidents during lane changes, where neither driver used a signal or one vehicle was lingering in a blind spot. Determining fault here often requires testimony, vehicle damage analysis, and expert input.

• Multi-car collisions, especially chain-reaction crashes, where you may have been hit from behind and pushed into another vehicle. In these situations, fault is distributed among multiple parties, and comparative fault principles help sort out liability.

• Left-turn accidents, where the turning driver is often blamed, but the other vehicle may have been speeding or running a light. Even if you made a misjudgment, the other driver’s reckless behavior can shift the balance of responsibility.

What Happens If I Am More Than 50 Percent at Fault for a Car Crash?

If you are found to be 51 percent or more at fault in an Illinois car accident, under Illinois Statute 735 ILCS 5/2-1116, you are not eligible to recover any damages under state law. This is a strict threshold, and insurance companies often try to push injured drivers over it to avoid paying.

That is why it is so important to hire an attorney who knows how to challenge inflated fault claims and present clear, credible evidence. We do not simply accept the insurance company’s opinion without our own careful research.

We prepare every case for trial, which gives us leverage in settlement negotiations. When insurers know we are ready to argue fault in court, they are far more likely to offer a fair resolution, especially when faced with the possibility of a jury seeing things differently.

Call a Joliet, IL Car Accident Attorney Today

If you were injured in a car accident and think you may have been partially at fault, do not give up on your case. Contact a Will County, IL car crash injury lawyer at Schwartz Injury Law today. We offer free consultations and handle all cases on a contingency fee basis, so you pay nothing unless we win for you. Our legal team has decades of experience, a record of success, and a reputation for fighting hard for clients in high-stakes personal injury cases. Call 708-888-2160 to schedule your free consultation.