Can I get compensated if I was partly at fault for my car accident?

Even though your own negligence may have contributed to your car accident, you may still be able to recover damages. Whether you are eligible – and the amount you can recover – will depend on the extent of your fault.

Under Illinois’ modified comparative negligence law, you can recover damages as long as you are less than 50 percent at fault for the injuries you have suffered. However, your damages will be reduced according to the percentage of fault attributed to you. If you are more than 50 percent at fault, you are barred from recovering anything.

So, let’s say you are sitting at a red light. When the light turns green, you delay going. A driver approaching your car from the rear fails to notice you are stopped because he or she is texting while driving. You suffer $100,000 in damages in the rear-end collision.

If your delay is found to have contributed 10 percent to the crash, you would not be barred from a recovery. However, your recovery would be reduced by 10 percent. As a result, the most you could recover would be $90,000.

Comparative negligence may be an issue when negotiating a settlement with an insurance company. Your lawyer’s role will be to make sure that no undue blame is placed on you and to seek the full amount you are due.