car crash

Sometimes, you’re involved in a car accident that wasn’t your fault. On the other hand, many car accidents happen because of the actions of two or more drivers. Car accidents are common in Illinois and they can happen for a wide variety of reasons. Determining fault isn’t always straightforward, however, and there are several rules and regulations in place in the state of Illinois that affect the outcome. 

What is Comparative Negligence?

Comparative negligence is used to determine fault and compensation in car accidents. When two or more parties are involved in an accident, insurance companies perform an investigation to assign fault and decide how much their actions contributed to the accident. They are then assigned a percentage for their part in the accident. For example, if someone is found to be 20% at fault for the collision between two vehicles. If that person sustained injuries or property damage, he or she can only seek compensation for 80% of the total damages from the party assigned fault. Additionally, someone found to be over 50% at fault can not seek compensation for damages. 

Determining Fault in an Illinois Car Accident

Many states like Illinois have adopted comparative negligence when determining fault in car accidents. After an accident in Illinois, both drivers’ insurance companies will collect evidence and may perform an investigation. Sometimes, the evidence is clear; others, however, may require more work to determine fault. Often, one or more parties disagree with the settlement offered by insurance and look at other options like suing the other driver. 

What types of factors contribute to fault in an Illinois car accident?

Details of the Accident

Insurance companies and courts use evidence like police reports, witness statements, medical records, video surveillance footage, and road conditions to assign fault in car accident cases. It helps greatly to know what to do after an accident before one happens so you know what evidence to gather on your own, which can help your case. 


Almost all car accidents involve negligence in one way or another, but the type of negligence is a very crucial detail. Was one driver intoxicated or distracted while driving, leading to the accident? Negligence is important in Illinois car accident cases because it may prove that you’re entitled to more compensation than the settlement offered by an insurance company. If you were injured by a negligent driver, you should consider talking to a lawyer who can help you ensure that you’re compensated fairly. 

Relevant Laws

Before assigning fault, both insurance companies and courts must consider all relevant laws surrounding Illinois car accidents. Laws regarding negligence and accident reporting are considered when determining who was at fault in a car accident. 

Contact an Illinois Car Accident Lawyer Today

Did you receive an unfair settlement offer from an insurance company after your car accident injury? Are you considering suing the other party? If you want to know all of your legal options for pursuing justice, contact the Saperstein Law Group to go over your case. We’ll schedule a consultation at your convenience to discuss the details of your case. Our law team is experienced in helping car accident victims receive the compensation they deserve after an injury.