Most likely. Illinois courts use a system called “modified comparative negligence” when deciding which accident victims can recover for their injuries. Under this system, as long as you are not more than 50% at fault for the accident, you are entitled to recover damages against any other negligent party. However, any amount of fault assigned to you will reduce your recovery award.
For example, assume you suffered $150,000 in damages in a Lake County car accident. At trial, the jury finds that you were 10 percent responsible for the accident and the other driver was 90 percent responsible. In this case, your recovery amount would be reduced from $150,000 to $135,000, which represents your total damages reduced by your percentage of fault.
While sharing the blame for an accident may not stop you from recovering compensation, it is important you work with an attorney to prevent the other driver’s insurance company from unfairly shifting blame onto you.