DGAA bLAWg

What Does Comparative Negligence Mean in a Car Accident Lawsuit?

Web Admin - Monday, March 11, 2019
Barrington car accident attorney comparative faultThe question of comparative negligence--sometimes referred to as contributory fault--often arises in an Illinois personal injury lawsuit. If you are seriously injured as the result of another party’s negligence and awarded damages of $100,000, you would expect to receive $100,000. However, under Illinois’ modified comparative negligence law (735 ILCS 5/2-1116), the total amount of compensation you receive will be reduced by the percentage of fault attributed to you, up to 50 percent. For example, if you are awarded $100,000 but found to be 25% at fault for the events which caused your injuries, your award will be reduced to $75,000. If you are assigned more than 50 percent of the blame, you are barred from receiving any compensation.

How Comparative Fault Is Determined Under Illinois Law


Fault is determined based on the evidence and the law. For example, if you are properly stopped at a red light and are rear-ended by a speeding driver, you did not do anything wrong. The driver behind you failed to obey the speed limit and to slow or stop to avoid a collision, so they would be assigned 100 percent of the fault. 

If, however, you were in the process of changing lanes when you collided with a speeding driver, each of you might be assigned part of the fault. You had a duty to make sure the lane was clear before moving into it. The other driver had a duty to obey the speed limit and to slow down to avoid a collision if possible. 

When fault must be apportioned, your attorney will thoroughly study the events leading to your injury. This effort may include reviewing physical evidence, interviewing witnesses, studying police reports, gathering medical records, and consulting with experts. Most commonly, your lawyer and the defendant’s lawyer will discuss the evidence and come to an agreement about the amount of damages and the division of fault. If no agreement can be reached through negotiation, you will have to go to court.

In a court trial, your attorney will argue that the defendant’s negligence was the primary or sole cause of the events that led to your injuries. Under Illinois law (735 ILCS 5/2-613(d)), the burden is on the defendant to show how your own negligence contributed to your injuries and to argue what percent of the fault should be assigned to you. The jury--or, in the case of a bench trial, the judge--will then decide how the fault should be apportioned.

Consult an Experienced Palatine Personal Injury Lawyer


If you have been severely injured in a car accident or other incident resulting from another person or company’s carelessness, consult a knowledgeable Schaumburg civil litigation attorney for advice. Call the law offices of Drost, Gilbert, Andrew & Apicella, LLC at 847-934-6000. There is no fee for your initial consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116
http://www.ilga.gov/legislation/ilcs/documents/073500050k2-613.htm
http://www.illinoiscourts.gov/circuitcourt/civiljuryinstructions/10.00.pdf


Recent Posts


Tags

Illinois insurance claim dispute lawyers Des Plaines motorcycle accident attorney owner responsibility insurance disputes pet bites Palatine personal injury lawyer Illinois employment law firm jet ski healthcare claims Arlington Heights TBI attorney Barrington personal injury lawyer driving Schaumburg Attorney Palatine employment attorney rent to own real estate contracts eluding a police officer Self-Directed IRA Accounts Illinois jet ski accident lawyer distracted driving accidents bike accident Des Plaines claims law firm personal injury lawyer landlord tenant law Schaumburg wrongful death attorney Schaumburg estate planning lawyer Rolling Meadows traffic attorney Illinois job attorney child safety Barrington boating accident attorney Chicago insurance claim attorneys auto accidents Rolling Meadows drug defense attorney wrongful death hands free device installment contracts traffic deaths Jay Andrew estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Illinois boating accident lawyer back injuries beneficiary complications personal injury Barrington life insurance lawyer marijuana crimes attorney golf accidents Des Plaines drug lawyer insurance dispute attorney spinal cord injuries insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys traffic crimes Forcible Entry Palatine drug lawyer Crystal Lake civil litigation lawyer special needs trust civil litigation attorney Arlington Heights car crash attorneys denied insurance claims IRS new real estate form bicycle accidents Crystal Lake medical malpractice lawyer traffic laws Des Plaines personal injury attorney employment lawyer criminal law anesthesia errors Kenilworth estate planning attorneys Deer Park accident attorney estate planning trusts BUI power of attorney Illinois wills and trusts privacy fiduciary rule delay Schaumburg real estate lawyer Illinois small business Des Plaines collections attorney Palatine law firm Illinois personal injury attorney commercial leasing Palatine insurance lawyer caretaker rights icy parking lots low-ball insurance settlement brain injury Barrington civil litigation attorney Illinois disability benefits Schaumburg insurance lawyers Palatine traffic lawyer drug possession fault based insurance ObamaCare Des Plaines pet law attorney Illinois employment law license suspension Illinois medical malpractice claim Schaumburg civil litigation attorney wrongful termination Illinois employee rights attorney. Deer Park motorcycle accident lawyer automated cars ken apicella boating under the influence Illinois insurance attorney foreclosure Do Not Resuscitate Des Plaines criminal attorney breathalyzer test Illinois Transfer on Death Instrument employment attorney attorney fees swimming pools Illinois workers compensation lawyer Barrington medical malpractice lawyers Whistleblower Claims boating DUI Rolling Meadows marijuana attorney premises liability Chicago life insurance attorney sexual images real estate zoning Crystal Lake medical malpractice law firm insurance denials Des Plaines real estate attorney defective products lawyer Family Medical Leave Act probate lawyer Palatine construction attorney probate claims process ACA Rolling Meadows probate lawyer Illinois employment law attorney drugs guardianship attorney Illinois Trust Code pedestrian injuries, pedestrian fatality Illinois trusts attorney corporate law Illinois Sales Representative Act Schaumburg construction accident lawyer Inverness insurance attorney Illinois tax attorney Schaumburg life insurance attorney rumble strips manufacturing Palatine criminal defense lawyer Rolling Meadows litigation lawyer life insurance policy operating agreements preventable medical errors Schaumburg employment law attorneys Illinois workplace lawyer Crystal Lake insurance lawyer Chicago trucking accident attorney Illinois wrongful termination lawyer Illinois business law atorneys head on collisions Arlington Heights trucking lawyer Des Plaines DUI attorney insurance claim delay insurance agent negligence startup company Attorney Ken Apicella fatal car accidents Illinois wills and trusts attorneys unauthorized overtime Arlington Heights wills and trusts attorney underage DUI employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Riverwoods estate planning lawyer Rolling Meadows life insurance claim denial attorney taxes Rolling Meadows insurance attorney probate process Inverness traffic law firm DNR Illinois law Illinois Workers’ Compensation Commission hiring employees Illinois employment laws products liability insurance adjusters Crystal Lake will lawyer social media after death Illinois Probate Act of 1975 accidental death benefits probate claims DMV trusts nursing home negligence insurance claim denials Palatine corporate law attorneys digital evidence Deer Park personal injury lawyer criminal wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace workers comp Illinois probate lawyer Rolling Meadows personal injury attorney Illinois corporate lawyer CAM Palatine elder law attorney crossover accidents agent Transfer on Death Instrument Policy Cancellation dog bites Illinois mortgages privacy laws Illinois speeding lawyer Crystal Lake personal injury attorney dynasty trusts bicycle dooring accidents Buffalo Grove probate lawyer Illinois criminal defense attorney Inverness real estate lawyer traumatic brain injury trust payments Barrington attorney personal injury claim traffic violations minimum wage reckless homicide Illinois medical malpractice attorney coronavirus Illinois DUI attorney Illinois employment law attorneys Illinois employment lawyer criminal record Illinois LLC creation Barrington Traffic Lawyer Rolling Meadows boating crash lawyer Schaumburg estate planning attorney healthcare liens Schaumburg injury lawyer Deer Park traffic accident attorney wage theft Arlington Heights personal injury attorney Des Plaines drug crimes lawyer residential real estate Chicago attorney Crystal Lake tax lawyer Rolling Meadows personal injury lawyers whistleblower protections financial advisors Des Plaines Traffic Lawyer spinal cord injury insurance negligence digital information institutional trustee trench injuries Mount Prospect elder law attorney Schaumburg corporate attorney Deer Park real estate law firm Crystal Lake law firm Illinois motorcycle accident lawyer Palatine Attorney advance healthcare directive power of attorney for healthcare material misrepresentation Exclusions Arlington Heights injury attorney insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys truck collisions Illinois insurance lawyer liability claims Schaumburg personal injury attorney contracts real estate Arlington Heights accident attorney investment property South Barrington real estate lawyer estate attorney uninsured motorist trucking accidents pedestrian accident expungement Crystal Lake business law attorneys Rolling Meadows medical malpractice lawyers Schaumburg personal injury lawyers surgical mistakes Illinois insurance claim dispute lawyer compensatory time Home Sale Contingencies estate planning for college students wills Palatine corporate attorney Arlington Heights criminal lawyer Long Grove estate planning Long Grove real estate attorney DUI Crystal Lake criminal defense attorney Retaliatory Discharge Illinois personal injury insurance claim changes to mortgage law employment law employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, overtime violations car accident lawyer Barrington criminal lawyer product liability employees Illinois insurance claims lawyers mortgage FSLA Deer Park traffic lawyer Colin H. Gilbert Illinois employment attorneys Des Plaines Des Plaines medical malpractice attorney Food and Drug Administration's Food Safety Modernization Act Inverness elder law lawyer most common reasons for life insurance claim denials Chicago employment attorney work unions Crystal Lake car accident lawyer medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers irrevocable trust insurance attorney Kenilworth estate planning attorney Crystal Lake employment lawyer Buffalo Grove corporate attorney Chicago estate planning Schaumburg traffic lawyer Long Grove estate planning attorneys Palatine punch death dram shop law Des Plaines civil attorney Illinois construction accident attorney LLCs underfunded trust Barrington drug crime attorney Illinois real estate business litigation Buffalo Grove car accident lawyer TBI BAIID Illinois trucking safety probate fees Crystal Lake bike accident lawyer license revocation life insurance Palatine injury attorney Barrington Illinois estate planning lawyer comparative negligence Arlington Heights lawyer Buffalo Grove traffic attorney car crashes paid sick leave natural gas explosion Rolling Meadows employment law attorneys Long Grove wills and trusts attorneys medication errors Rolling Meadows Crystal Lake traffic lawyer Thanksgiving defective products hit and run accident employment contract Illinois injury lawyer Illinois pet lawyer Illinois personal injury lawyers Crystal Lake medical malpractice attorneys Crystal Lake car accident attorney Schaumburg drug defense lawyer insurance claims elder abuse revenge porn Mount Prospect real estate lawyer pay when paid contract Rolling Meadows insurance lawyer suspended license criminal defense living trust Illinois rollover accident lawyers lapse in policy Barrington estate planning attorney Rolling Meadows personal injury lawyer Des Plaines personal injury lawyer murder charges dealing with problem employees Arlington Heights pedestrian accidents Illinois real estate lawyer Des Plaines injury law firm Detainer Actions car collision Palatine trusts lawyer Long Grove real estate lawyer medical research unfunded trust car crash injuries traffic accidents Illinois traffic accident lawyer underinsured motorist real estate leasing Arlington Heights Traffic Lawyer Inverness corporate attorney Barrington real estate lawyer Schaumburg car accident attorney estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Inverness accident lawyer llinois Real Estate Lawyers Association Rolling Meadows Attorney personal injury attorney DUI penalities Colin Gilbert forming a corporation in Illinois Rolling Meadows business lawyer Deer Park medical malpractice attorney civil rights violation severance agreements real estate contract Illinois estate planning attorney IRA benefits POA Illinois Smoke Detector Act Rolling Meadows employment attorney Legal Info Des Plaines real estate lawyer vacation home Illinois traffic attorney Arlington Heights insurance attorney Illinois insurance dispute lawyers Inverness real estate attorney Illinois car accident attorney Federal Food Drug and Cosmetic Act employee misclassification Landlord Tenant Ordinance civil litigation Illinois insurance claim attorney Chicago corporate attorney fiduciary rule loopholes filing a medical malpractice claim insurance claim denial pedestrian accidents senior citizens Arlington Heights car accident lawyer Palatine business attorney Super Mario Employment Discrimination Law Crystal Lake employment attorney life insurance lawyer personal injury law firm Arlington Heights Attorney estate planning lawyer Crystal Lake traffic attorney GM ignition switches Barrington estate planning lawyer liability drunk driving cell phone deadly crashes Illinois living will condo association Buffalo Grove life insurance attorney clemency Palatine employment lawyer DUI attorney Palatine civil litigation lawyer job lawyers IRA trust transfer how to avoid common denials of life insurance claims Illinois business lawyer Illinois traffic attorneys pedestrian-automobile accident Des Plaines personal injury lawyers Deer Park criminal attorney Buffalo Grove real estate attorney Palatine estate planning lawyer digital assets controlled substance in terrorem provision sole proprietorship Illinois pedestrian accident attorney landlord internet caregiver real estate attorneys Buffalo Grove personal injury lawyer denial of insurance claim appealing an insurance claim Rolling Meadows corporate lawyer drug crime School Visitation Rights Act real estate lawyer medical malpractice claims Barrington employment law firm Buffalo Grove personal injury attorney Chicago biking tips medical malpractice motorcycle accident insufficient documentation Arlington Heights wills and trusts lawyers Buffalo Grove criminal defense lawyer Palatine civil attorney BAC rest breaks Inverness probate lawyer estate planning Class A misdemeanor Rolling Meadows tax attorney Schaumburg probate attorney Palatine probate lawyer independent contractor Illinois medical malpractice case Buffalo Grove employment lawyer tax attorney sexual harassment construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Barrington workers compensation attorney rollover car crashes Fourth of July digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys FMLA homestead rights Barrington business law firm Buffalo Grove traffic lawyers Crystal Lake employment law attorney drug crimes construction accidents Chicago car accident lawyer workplace sexual harassment Barrington criminal defense lawyer Inverness estate planning lawyer Rolling Meadows estate planning attorney commercial leases Crystal Lake estate planning lawyer Arlington Heights traffic attorney Palatine life insurance lawyer trauma after an accident traffic violations defense Schaumburg elder law lawyer elder law insurance denial appeals Illinois registered agent meal breaks breach of contract federal regulations for LLCs modern family estate planning Rolling Meadows DUI lawyer murder foreclosed rental property Deer Park employment law attorney income distribution deducation trustee Illinois traffic ticket lawyer Buffalo Grove medical malpractice lawyers PTSD denied insurance claim Inverness civil lawyer personal injury accidents Crystal Lake accident attorney Palatine employment law lawyer traffic tickets Palatine traffic accidents estate planning attorney Home Remodeling Repair Act Rolling Meadows employment law attorney Schaumburg medical malpractice lawyer license Palatine real estate lawyer Crystal Lake personal injury lawyer Rolling Meadows real estate attorney Illinois Human Rights Act vacation home fines Arlington Heights wills and trusts attorneys insurance claim dispute attorney Schaumburg criminal law attorney blended families traumatic brain injuries Fair Labor Standards Act Chicago traffic lawyer Rolling Meadows criminal attorney Barrington personal injury attorney South Barrington real estate attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, drug crimes lawyer IRELA comp time denial of life insurance blood alcohol content cell phone accidents slip and fall Crystal Lake injury attorney capital gains tax pregnant women Illinois home inspection real estate closing Illinois workplace discrimination attorney involuntary manslaughter Arlington Heights real estate lawyer Chicago insurance law firm personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Arlington Heights employment law attorneys Illinois collections attorney Inverness injury lawyer food poisoning Barrington employment attorney wills and trusts trucking accident lawyers car crash home inspection lawyer employment law, Illinois employment laws employee discrimination Illinois civil litigation lawyer jet ski accidents personal injury claims Arlington Heights personal injury lawyer DUI defense Rolling Meadows insurance dispute lawyers Illinois estate planning Des Plaines tax law firm distracted driving accident victims cause-of-death exclusions mass shooting living trust vs will traffic offenses digital media accounts, estate planning, Arlington Heights estate planning attorney, Des Plaines accident attorney Rolling Meadows traffic law firm Rolling Meadows Traffic Lawyer Buffalo Grove injury lawyer Illinois Wage Payment and Collection Act living trust benefits right to work Illinois workers compensation attorney Illinois traffic laws pizza emoji cell phone tower data texting while driving bad faith insurance claims college kids probate estate plan Mount Prospect wills and trusts lawyers Barrington employment law attorney Arlington Heights estate planning attorney Barrington litigation attorney workers compensation benefits slip and fall accidents murder defense federal crimes DGAA construction contracts Illinois personal injury lawyer workers compensation natural gas loss of consortium Chicago estate planning lawyer Arlington Heights employment attorney medical malpractice compensation life insurance claim denial, denial of life insurance claim Liquor Control Act top life insurance claim denials Schaumburg criminal attorney Crystal Lake pet attorney Schaumburg employment attorney small business deed transfer car accident Schaumburg Rolling Meadows criminal lawyer Palatine workers compensation lawyer consent to a search medical marijuana Rolling Meadows accident lawyer Joliet general practice lawyers Illinois estate planning law firm Kenilworth estate planning lawyer Illinois elder law attorney insurance agents Crystal Lake pedestrian accident lawyer unpaid overtime field sobriety test Rolling Meadows insurance dispute lawyers, insurance dispute Illinois attorney Mt Prospect Attorney Arlington Heights medical malpractice lawyer texting and driving license reinstatement Inverness DUI lawyer estate tax Illinois red light cameras Illinois bicycle safety Deer Park workers compensation lawyer Crystal lake insurance dispute attorney speeding overtime pay real estate attorney boating accidents rollover accidents commercial real estate Illinois defective products attorney no contest clauses Rolling Meadows car accident lawyers preventing accidents motorcycle accident lawyer Chicago lawyer employee rights marijuana creditors Buffalo Grove law firm Schaumburg personal injury lawyer holiday statistics car accidents subcontractor Buffalo Grove insurance claim dispute lawyers Illinois medical malpractice lawyers insurance dispute Illinois insurance disputes gift taxes Inverness personal injury attorney Chicago will attorney drunk driving statistics Illinois will lawyer Arlington Heights tax lawyer Long Grove estate planning attorney Barrington injury attorney condo Illinois lawyer life insurance claims Arlington Heights wills and trusts lawyer Chicago employment lawyer problem employees Des Plaines insurance attorney Illinois driving without license insurance claim dispute Affordable Care Act Schaumburg estate attorney car accident lawyers pain and suffering Deer Park DUI lawyer first degree murder unpaid assessment pet law health insurance dispute living wills

Archive