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How Does Shared Fault for a Car Crash Affect a Personal Injury Claim?

Posted on in Car Accidents


Determining liability in a car accident injury case is rarely straightforward. There are often a number of different factors that contribute to a serious auto accident. If you have recently been hurt in a collision and your actions may have contributed to or worsened the accident, you probably have questions about how shared fault will affect your ability to recover compensation. You may wonder whether or not a successful personal injury lawsuit is even possible. Fortunately, Illinois law allows an injured person to recover damages through a personal injury claim even if he or she is partly to blame for these injuries.

Illinois Modified Comparative Negligence Law
The laws regulating personal injury claims vary from state to state. Illinois follows a doctrine called “modified comparative negligence” when it comes to shared liability for personal injuries. According to this law, an injured person who is hurt by the negligent or wrongful actions of another party may bring a claim for damages as long as he or she is not more than 50 percent responsible for his or her injuries. In situations in which the injured person is 51 percent or more at fault, he or she is barred from recovering damages. For example, consider a scenario in which a driver was injured in an accident caused by falling truck cargo. The driver was speeding at the time of the accident which may have made the accident worse than it would have been otherwise. However, as long as the court determines that the driver’s share of fault was 50 percent or less, he or she may still recover compensation.

What Types of Damages Are Available in an Accident Involving Shared Fault?
In situations involving shared liability for an injury, the compensation available to the injured person is reduced by his or her percentage of fault. If the driver in the previous example is determined to be 10 percent at fault, the compensation he receives would be reduced by 10 percent. For example, if the costs incurred by the accident add up to $50,000, the court would award him $45,000. Damages in a car accident claim may include medical expenses such as hospital bills and ongoing medical costs as well as compensation for lost wages, reduced future earning capacity, pain and suffering, property damage, and more.

Contact a Springfield Car Accident Lawyer
Proving fault in a personal injury claim involving shared liability is quite involved. In order to ensure that you receive the maximum compensation possible, you need a skilled attorney with extensive experience. The knowledgeable Champaign personal injury attorneys at Kanoski Bresney have been representing injured clients in central Illinois for more than 40 years and have recovered over $400 million in verdicts and settlements. Call us today at 888-826-8682 to schedule a free consultation to discuss your case.


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