Are you wondering if you can get compensation if you were partially at fault in a car accident? Contact Schierer & Ritchie, LLC today.
When you’re involved in a car accident, one of the first questions that might come to mind—especially if you think you may share some responsibility—is: Can I still recover damages if I was partially at fault? The good news is: Yes, you can—depending on how fault is determined under Illinois law.
Schedule a Free Consultation with one of our Peoria car accident attorneys today. We’ll give you honest answers—and a robust plan.
Understanding Fault in Illinois Car Accidents
Illinois follows a legal doctrine called “modified comparative negligence“. This means your compensation may be reduced according to your share of fault in the accident—but you can still recover as long as you’re not more than 50% responsible.
Modified Comparative Fault
This rule is sometimes called the “51% bar rule.” Here’s how it breaks down:
| Fault Percentage | Can You Recover Damages? | Notes |
|---|---|---|
| 0% – 50% | Yes | Compensation reduced by your fault percentage |
| 51% or more | No | You are legally barred from recovery |
What Factors Influence Fault?
Fault is determined by evaluating evidence from both sides. Here are the most common types of evidence used:
- Police reports and accident diagrams
- Witness statements
- Traffic camera or dash cam footage
- Vehicle damage reports
- Expert accident reconstruction
Insurance companies may try to assign you a greater share of fault than is fair—especially if you’re unrepresented.
Common Mistakes That Can Hurt Your Case
- Admitting Fault at the Scene – Even saying “I’m sorry” can be twisted against you.
- Delaying Medical Treatment – Insurance companies may argue you weren’t seriously hurt.
- Talking to the Other Driver’s Insurance Adjuster Alone – They may push you into an unfair statement or settlement.
Why You Need a Local Attorney if You’re Partially at Fault
Navigating shared fault claims is complex, and insurance companies often exploit confusion about the law. At Schierer & Ritchie, LLC, we:
- Investigate every angle to minimize your percentage of fault.
- Negotiate assertively with insurers to maximize your compensation.
- Build strong cases with expert witnesses, accident reconstructions, and medical testimony.
You deserve more than a settlement based on a guess. You deserve a real advocate—not a corporation’s checklist.
Contact Us Today—Even If You Think You Might Be at Fault
Don’t assume you’re out of options. Every car accident case is unique, and even if you share some responsibility, you may still be entitled to significant compensation under Illinois law.
Schedule a Free Consultation with one of our Peoria car accident attorneys today. We’ll give you honest answers—and a robust plan.