What Happens If You’re Hurt in a Car Crash You Caused?

In many car accidents, the drivers of both cars may be responsible for the crash. For example, one car may have been speeding while the other car drove through a red light. In snowy and icy conditions, both vehicles in the accident may have slid out on the road, or been unable to stop. The question, then, is can a driver who causes a car crash file a claim for damages against the driver of the other vehicle?

Unlike many other states, Illinois is not a no-fault state. In no-fault states, a driver who is 100% at fault for a crash can still seek payment of his/her medical bills and lost wages – up to the policy limits. Since Illinois doesn’t use no-fault insurance, the driver who causes the accident must seek damages through a liability claim.

Modified comparative fault in Illinois

Illinois uses a modified comparative fault rule to determine whether drivers who were partly at fault can recover damages. The rule can be found at 735 ILCS 5/2-1116. The statute states that a plaintiff “shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought.”

In short, the statute applies to wrongful death claims, personal injury claims, and claims for damage to the vehicles involved in the crash.

The rule has two essential provisions:

• First, if you caused the crash and you were more than 50% responsible, you cannot recover any damages.
• Second, if you were equally at fault or less at fault than the other driver in the crash, you can seek damages for your pain and suffering, medical bills, lost income, car damage, and any death damages that Illinois covers. However, your damage award will be adjusted to reflect how much (in what percentage) you caused the accident.

For example, if you were going 10 miles over the speed limit and the other driver crossed into your lane, a jury might find that the other driver was 80% at fault and you were 20% at fault. A jury may decide that your car accident claim is worth $70,000 because you broke your arm, you lost income, a doctor had to place your arm in a cast, and you suffered while the arm healed. Since you were 20% at fault, your claim will be reduced by 20%. This means you will be awarded $56,000 and not $70,000.

The assignment of fault (the percentages the apply) is made by the jury.

As there are states that will deny your claim even if you were just one percent at fault, the good news is really that a partial award is better than no award.

At Gainsberg Injury and Accident Lawyers, we fight aggressively to show that you weren’t at fault for your crash. If it’s clear you were partially liable, we work to show that the other driver was the person who should take most of the blame and that your negligence was minor compared to the other driver’s negligence. Our Chicago car crash lawyers have been helping drivers, passengers, and other roadway victims get justice for more than 20 years. For help with all phases of your car accident claim, call us at 312-600-9585 or fill out our contact form to schedule an appointment.