×
×
The Horwitz Law Group

call/text for free consultation
312.641.9200

Search
≡Menu
Search
Menu
Blog
Text
Call

Blog

HomeBlogAuto AccidentsWhat Is Comparative Fault in Car Accident Cases?
18 September, 2024

What Is Comparative Fault in Car Accident Cases?

Proving fault is crucial when seeking compensation in car accident cases. When involved in an accident, the determination of who is to blame plays a pivotal role in whether you’ll receive financial compensation for your damages. At The Horwitz Law Group, we understand that fault can sometimes be shared between parties. This is where the concept of comparative fault comes into play. Our experienced lawyers are here to help you navigate this complex aspect of Illinois law and ensure you understand how it may impact your claim.

What Is Comparative Fault?

Comparative fault, also known as comparative negligence, is used to determine the proportion of fault each party has in causing an accident. Instead of placing all the blame on one party, the fault is distributed among everyone who contributed to the incident. This approach ensures that all contributing factors are considered and provides a more equitable distribution of liability.

Modified Comparative Fault in Illinois

In Illinois, the modified comparative fault rule is applied. Under this rule, you can recover damages as long as your share of the fault is less than 50%. However, if you are found to be 50% or more at fault, you are barred from receiving any compensation.

For example, consider a collision where Driver A was speeding and ran a red light while Driver B failed to yield. If Driver A is found to be 40% at fault and Driver B 60%, Driver A can still recover damages, but the compensation will be reduced by their percentage of fault. Conversely, if Driver A were found to be 60% at fault, they would receive no compensation.

How Comparative Fault Influences Your Claim

Proportional Reduction in Damages

When comparative fault is established, the amount of damages you can recover is reduced in proportion to your share of the fault. For instance, if you are awarded $100,000 in damages but found to be 20% at fault, your recovery will be reduced by $20,000, leaving you with $80,000.

Impact on Settlement Negotiations

Understanding the potential impact of comparative fault can also influence settlement negotiations. Insurance companies often use this doctrine to minimize payouts. Knowing that The Horwitz Law Group is prepared to take cases to trial can motivate insurers to offer fairer settlements, as they recognize our readiness to challenge low offers in court.

Jury Considerations

In a trial, juries are tasked with assessing the evidence and determining the percentage of fault attributable to each party. They consider various factors, including traffic violations, witness testimonies, and accident reconstructions. Our skilled attorneys present compelling evidence and arguments to minimize your share of the fault, therefore maximizing your potential compensation.

Review Your Case With a Car Accident Attorney

Navigating the complexities of comparative fault in car accident cases can be daunting. However, understanding how this doctrine works is essential for anyone seeking compensation after an accident. At The Horwitz Law Group, we are committed to guiding you through these challenges. With our extensive trial experience and dedication to our clients, we strive for the best possible outcomes.

If you or a loved one has been injured in a car accident and you are concerned about how comparative fault might affect your case, contact us for a consultation.

08 September 2024
What Are The Do’s And Don’ts Of Social Media During Your Personal Injury Claim?
28 September 2024
What Is the Difference Between Wrongful Death and Survival Actions?

Categories

Archives

Testimonials

Case Results

$6,900,000.00

for a motor vehicle wrongful death case.

$5,300,000.00

for a 75-year-old woman who suffered an above the knee amputation due to being run over by a private school bus.

$4,500,000.00

for a young lady who was run over by a private waste hauling company while crossing the street.

$3,600,000.00

for a trucking accident resulting in the death of the driver.

$3,000,000.00

for a 70 year old man who died, without any living relatives, seven months after being hit by a car while crossing the street.

$2,300,000.00

for a client whose family was killed by a street sweeper that ran a red light.

$2,100,000.00

for a client injured in a 2005 Metra train derailment case.

$1,600,000.00

for a minor rear-ended on an expressway in Kankakee.

$1,400,000.00

for a premises liability accident resulting in below the knee amputation.

$1,200,000.00

for a woman who was hit by a car while crossing the street.

$1,197,000.00

for a client who was injured on the CTA red line train.

$900,000.00

for a bicyclist hit by a car.

$800,000.00

for a passenger injured in a rideshare rollover accident.

$750,000.00

for a rideshare accident injury.

$600,000.00

for a low-speed rear-end accident.

$500,000.00

for injuries in a van accident pulling a trailer.

$500,000.00

for a minor injured in a ride-share accident.

$495,000.00

for a pedestrian injured due to a sidewalk defect.

$350,000.00

for a passenger injured in a rideshare rollover accident.

$289,000.00

for a driver injured in an auto accident.

$270,000.00

for injuries from a right-turning truck.

$260,000.00

for a family injured in an auto accident.

$255,000.00

for a law enforcement officer rear-ended by a truck.

$250,000.00

for a motorcyclist rear-ended.

$233,000.00

for an individual injured by a dog.

$225,000.00

for a bicyclist hit by a car while crossing the street.

$201,000.00

for a driver rear-ended on the expressway.

$175,000.00

for a client who had lawyers at another law firm trying to settle the accident case for only $60,000.

Tell Us About Your Case

To arrange a free initial consultation with an experienced Illinois injury lawyer complete the e-mail form below.

Chicago Office

20 N. Clark Street Suite 3300
Chicago, IL 60602 | USA

Phone: 312-641-9200
Fax: 312-641-9201

Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing contact information, users acknowledge and give explicit consent to be contacted via the methods of communication provided, including SMS. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out.

NUVEW | Copyright 2024 All Rights Reserved | Privacy Policy | Accessibility Notice