In some cases, multiple parties—including the plaintiff themselves—may share fault for an accident. If an injury victim is found partially at fault, they may still file a legal action for damages against any other at-fault parties so long as they bear less than 51 percent of the total fault for the accident, pursuant to 735 Illinois Compiled Statutes 5/2-1116.
When injury victims are partially at fault for a collision, they cannot recover for all their damages. Instead, they may only seek recovery for the percentage of damages attributed to other parties. In other words, the maximum amount of a civil damage award decreases in proportion to an injured person’s own percentage of fault.