Car accidents are an unfortunate reality in Schaumburgand the surrounding communities like Arlington Heights, Buffalo Grove, Des Plaines, Elk Grove Village, Mount Prospect, Palatine, and Rolling Meadows. If you’ve been injured in a crash on Golf Road, Higgins Road, or near Woodfield Mall, you may already know how quickly medical bills and lost wages can add up. What many people don’t realize, however, is that Illinois law plays a critical role in determining how much compensation you can actually recover.
Illinois follows a rule called comparative fault, and it directly affects your car accident settlement. As an attorney who has represented families throughout Schaumburg and greater Cook County, I want to explain how this law works, what it means for your case, and why insurance companies often use it against you.
Under 735 ILCS 5/2-1116, Illinois uses a system called modified comparative negligence. This means that if you are partially at fault for the accident, your compensation is reduced by your percentage of fault. However, if you are found to be more than 50% responsible, you cannot recover any damages at all.
For example, if a jury finds that your damages total $100,000 but decides you were 20% responsible for the crash, your award will be reduced to $80,000. On the other hand, if the court finds you were 55% at fault, you recover nothing.
This law is one of the most important factors in every car accident settlement in Schaumburg and across Illinois. Insurance adjusters know this, and they work hard to shift as much blame onto you as possible.
After an accident in Schaumburg or nearby towns like Palatine or Rolling Meadows, the insurance company will investigate the crash. They may take statements, review police reports, or even hire accident reconstruction experts. Their goal is not to be fair; it’s to pay out as little as possible.
By arguing that you were speeding, distracted, or failed to take evasive action, they try to assign you a higher percentage of fault. The higher your percentage, the less they have to pay. That’s why it’s so important to have strong evidence and experienced legal representation on your side.
Proving fault isn’t just about what happened at the scene; it’s also about what you do afterward. Immediate medical treatment, photographs of the vehicles, witness contact information, and black box data from the vehicles can all make a difference.
Illinois courts often rely on this evidence to determine liability and damages. As your lawyer, I make sure that we preserve every piece of evidence that supports your claim. From Schaumburg police reports to medical records at nearby hospitals, building a solid case means showing exactly how the other driver’s negligence caused your injuries.
Most car accident cases in Schaumburg settle before trial. But settlement negotiations always take comparative fault into account. Insurance companies will argue percentages of fault during these discussions, often trying to convince you to accept less than you deserve.
For example, they may claim you were 40% responsible when the reality is closer to 10%. Without legal guidance, many people accept these low offers. That’s why I always push back with evidence, expert analysis, and a clear case strategy to demand full compensation for my clients.
The truth is, comparative fault law makes Illinois cases more complicated. But it also gives injured people a chance to recover, even if they share some responsibility for the crash. The key is making sure your percentage of fault stays below 50% and that it accurately reflects what really happened.
As your attorney, I fight to keep the blame where it belongs, on the negligent driver who caused your injuries. That way, you can recover for your medical bills, lost wages, pain and suffering, and the future care you may need.
Comparative fault means that more than one person can be responsible for an accident. Under Illinois law, if you are partially at fault, your recovery is reduced by your percentage of responsibility. If you are more than 50% at fault, you cannot recover any damages. This system applies to car accidents in Schaumburg and across the state
Insurance adjusters review police reports, interview witnesses, look at photographs, and sometimes hire experts to reconstruct the crash. Their goal is to assign you as much fault as possible to reduce your settlement. That is why you should never assume their decision is final. An attorney can challenge their findings with additional evidence.
Yes, as long as you are 50% or less at fault under 735 ILCS 5/2-1116. For example, if you were 25% at fault and your damages are $40,000, you could still recover $30,000. Many people wrongly believe that any fault prevents recovery, but Illinois law is designed to allow partial recovery.
Fault is proven through a combination of police reports, medical records, photographs, video footage, witness statements, and sometimes expert testimony. In Schaumburg cases, we may also use local traffic camera footage or black box data from the vehicles involved. The more evidence you have, the harder it is for the insurance company to argue against you.
It is common for the at-fault driver to blame the other person, especially when they are worried about their insurance premiums or liability. Do not panic if this happens. Comparative fault cases are decided based on evidence, not accusations. As your lawyer, I make sure your side of the story is backed up with proof.
Yes. If a loved one dies in a Schaumburg car accident and the case becomes a wrongful death lawsuit under 740 ILCS 180/1, comparative fault rules still apply. If the deceased is found more than 50% at fault, the family cannot recover damages. This makes strong evidence even more critical in wrongful death cases.
Not necessarily. Speeding can be a factor, but the court or insurance company must weigh all the evidence. If the other driver was drunk, ran a red light, or rear-ended you, their negligence may far outweigh your speeding. Comparative fault is about percentages, not automatic assumptions.
Because insurance companies take advantage of comparative fault rules to reduce payouts. Without a lawyer, you may accept a settlement that unfairly blames you for most of the accident. An attorney can push back, present evidence, and keep the focus where it belongs, on the negligent driver.
At SJ Injury Law, we understand how stressful it is to recover from a serious car accident while worrying about medical bills and lost wages. With more than 50 years of combined experience, our attorneys have helped injured victims in Schaumburg, Arlington Heights, Palatine, Des Plaines, Elk Grove Village, Mount Prospect, Rolling Meadows, and throughout Illinois recover millions in compensation.
We fight aggressively against insurance companies that try to blame victims under Illinois’ comparative fault law. Our goal is to make sure you receive the care you need and the financial recovery you deserve.
Contact our Schaumburg traffic accident lawyerat SJ INJURY LAWby calling (847) 434-3555to receive your free consultation. We represent injury victims and their families in throughout Chicago and all of Illinois.
SJ Injury Law , Claim Your Justice™.
Client injured by a distracted driver who was texting at the time…
Student was injured and fractured several bones and required surgery to…
While at work operating a piece of manufacturing equipment, the safety…
Woman was bitten on her face by what she believed to be a vicious…
Our client suffered a back injury and will undergo spine surgery…
Client's vehicle was forced into oncoming traffic, colliding with a semi-truck...
We are highly experienced personal injury lawyers. We know how to help accident victims receive the full financial compensation they deserve. Our Winning Team is focused, dedicated, and sensitive to each of our client's needs. We are here to help you 24 hours a day, 7 days a week.