Determining who is at fault after an accident in Illinois, like a car crash or slip and fall, is crucial for establishing liability and compensation. Illinois follows a “modified comparative negligence” rule, specifically the 51% rule. This article explains what that means for individuals seeking damages after an accident.
Understanding Comparative Negligence in Illinois
When an accident occurs, fault isn’t always clear-cut. Sometimes, multiple parties contribute to the incident. Comparative negligence allows for the allocation of fault among those involved, impacting how damages are awarded.
Modified Comparative Negligence – The 51% Bar
Unlike some states that allow recovery even if the injured party is primarily responsible, Illinois sets a stricter standard. Under the 51% rule, an injured person can only recover damages if their share of the blame is 50% or less. If their negligence is determined to be 51% or more, they are barred from receiving any compensation.
How Damages are Calculated
Even if eligible for compensation, the amount awarded is reduced in proportion to the injured person’s degree of fault. For instance, if you suffer $10,000 in damages but are found 25% at fault, your recovery will be reduced by 25%, resulting in a $7,500 award.
Other Comparative Negligence Models
While Illinois employs modified comparative negligence with the 51% rule, other states utilize different approaches:
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Pure Contributory Negligence: This stricter system, used in a few states, completely bars recovery if the injured party holds any degree of fault, even 1%.
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Pure Comparative Negligence: This more lenient model allows for recovery regardless of the injured party’s percentage of fault. However, the awarded damages are proportionally reduced.
Importance of Legal Counsel in Illinois Accident Cases
Navigating comparative negligence laws can be complex. Establishing the degree of fault requires thorough investigation and legal expertise. If you’ve been injured in an accident in Illinois, consulting a personal injury lawyer is crucial. They can analyze the details of your case, determine liability, and fight for fair compensation.
Conclusion: Know Your Rights in Illinois
Illinois’ modified comparative negligence system with the 51% bar can significantly impact your ability to recover damages after an accident. Understanding this system and seeking legal counsel are essential steps in protecting your rights. Don’t hesitate to consult with an attorney to assess your situation and explore your legal options.
Sources:
https://www.law.cornell.edu/wex/comparative_negligence
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116
