Determining Fault in a Car Accident

Auto Accidents
Determining Fault in a Car Accident

Determining Fault in a Car Accident

Unfortunately, motor vehicle collisions are part of life. According to a report from the Illinois Department of Transportation, there were 295,604 accidents in our state in 2021 alone. After an accident, it is crucial that you take proactive measures to protect your health, your well-being, and your right to make a legal claim. Determining fault for an Illinois car crash is key. Here, our Rolling Meadows auto accident lawyers provide an overview of the key things drivers should know. 

Why it Matters: Illinois is a Fault-Based Auto Accident State

Fault for a car crash in Illinois matters. Why? Similar to most but not all U.S. states, Illinois is a fault-based auto accident state. When an accident occurs, the driver, trucking company, or other party that is determined to be “at fault” is financially responsible for the damages and injuries. Every serious crash in Illinois should be thoroughly and proactively investigated. 

Negligence is How Fault is Determined for a Car Accident in Illinois

You may want to know: How do they actually decide who is at fault for a car accident in Illinois? The short answer is the concept of negligence plays a pivotal role. Essentially, negligence is the failure to exercise the care that a reasonably prudent person would exercise in a similar situation. For a driver or other party to be held liable after an accident in Illinois, the following four elements of negligence must be established: 

  • The duty to operate their vehicle (or generally) in a safe manner; 
  • A breach of the duty of care through unsafe actions/inactions; 
  • Causation between the breach of duty and the accident; and
  • Actual damages sustained by other parties to the crash. 

Every Bit of Fault Matters: Understanding Modified Comparative Negligence

Modified comparative negligence is a doctrine adopted by Illinois for determining liability for a personal injury. It is vital for any accident. In cases where more than one party has a degree of fault, the compensation can be reduced proportionally. For instance, if you were found to be 20 percent at fault for an accident, any compensation you receive would be reduced by that 20 percent. Notably, there is a maximum threshold: Under Illinois law, if a person is found to be more than 50 percent at fault for an accident, they are barred from recovering any damages.

Schedule a Free Consultation With a Top Illinois Automobile Accident Attorney

At SAM LAW OFFICE LLC, our Illinois auto accident lawyers hold at-fault drivers and big insurance companies accountable. If you have questions about determining fault after a crash, we can help. Give us a phone call now or contact us online to set up your no-cost, no-obligation consultation. We represent car crash victims in Cook County, DuPage County, and all across Northern Illinois. 





Providing Legal
Solutions In An
Equitable &
Cost-Effective Manner

Related Articles


Sustaining a personal injury can be a devastating experience with a ripple of impacts, including physical, emotional, and financial stresses. When navigating a personal injury claim, time is a critical factor,…


Navigating through the aftermath of a divorce can be an emotionally challenging and overwhelming experience. As you face the beginning of a new life chapter, worries about financial independence often…


Attorney Susan A. Marks was recently acknowledged by Lawyers of Distinction for her remarkable legal abilities and unwavering commitment. With a profound understanding of the law and a consistent dedication…

Need Our Help?

Schedule Your Free Consultation Today

Contact Us

Get Your Free Consultation!
  • 8 minus four =
  • This field is for validation purposes and should be left unchanged.