“What If Multiple Parties are at Fault?” Comparative Fault in Illinois

Understanding how Illinois law assigns responsibility when more than one party may have contributed to an accident can be an important part of protecting your right to compensation.

When you are injured in an accident, determining who is legally responsible for your damages can be a complex task. Often, more than one party’s actions or inaction contributed to creating the harm you suffered.

Illinois law recognizes that many accidents do not occur because of the actions of only one person or party, but instead result from the combined actions or negligence of multiple individuals or entities. This means that pursuing damages after these accidents is not always straightforward. Illinois law has developed a system intended to assign liability in a fair manner when multiple parties are involved.

Understanding how Illinois’ modified comparative fault model works, as well as who may potentially be held liable for an accident, can be crucial when asserting your rights and pursuing fair compensation.

At Patel Law, PC, experienced personal injury attorneys can help clients navigate challenges commonly faced in multi-party claims. This article begins a general discussion about comparative fault and joint and several liability in Illinois. For legal advice regarding your own circumstances, contact one of our experienced attorneys.

Quick Answer: What Happens When Multiple Parties Are Responsible?

Illinois law may assign a percentage of fault to each party involved in an accident. An injured person’s compensation can be reduced by their own percentage of fault, and different defendants may have different levels of responsibility for damages depending on the facts of the case.

Comparative Fault in Illinois

Illinois law follows a system of modified comparative fault. This means that an injured party may seek to recover damages from an at-fault party even when the injured party shares some responsibility for the accident.

There are important limitations to this rule. Generally, if a plaintiff is found to be more than 50% responsible for the accident, the plaintiff may be barred from recovering damages from the other responsible parties. If the plaintiff shares responsibility but is not more than 50% at fault, the plaintiff’s recovery may be reduced by the percentage of fault attributed to the plaintiff.

Example of Comparative Fault

If a jury finds that an injured plaintiff was 10% responsible for an accident and awards $50,000 in damages, the award may be reduced by 10%. In that example, the plaintiff’s recovery would be reduced by $5,000, resulting in a potential recovery of $45,000.

The same general principle can apply when multiple defendants share responsibility for an accident. The degree of fault attributed to each party may need to be evaluated before responsibility for damages is assigned.

For example, if one defendant is found to be 90% at fault and another defendant is found to be 10% at fault, Illinois law may assign responsibility according to those percentages rather than treating both defendants as equally responsible.

How Comparative Fault Can Work

Use the slider below to explore several general steps involved when fault may be shared among multiple parties after an accident.

An Accident Occurs

An accident may involve several drivers, property owners, employers, businesses, or other parties whose actions may have contributed to the injuries.

Evidence Is Reviewed

Evidence such as accident reports, photographs, witness statements, records, and other documentation may be reviewed to determine how the accident occurred.

Fault May Be Assigned

Each involved party may be assigned a percentage of responsibility based on the facts and evidence surrounding the accident.

Plaintiff Fault Is Considered

If the injured person shares responsibility for the accident, their potential recovery may be reduced according to the percentage of fault attributed to them.

Damages Are Evaluated

The parties’ respective percentages of responsibility and the applicable rules regarding liability may affect how damages are ultimately pursued and recovered.

Joint and Several Liability

One of the most important legal doctrines to consider when handling multi-party claims is the concept of joint and several liability. Under Illinois law, including 735 ILCS 5/2-1117, the extent of a defendant’s responsibility for damages may depend in part on the percentage of fault assigned to that defendant.

If a defendant is found to be 25% or more at fault, that defendant may potentially face joint and several liability for certain damages under the applicable law.
If a defendant is found to be less than 25% at fault, the defendant’s responsibility for certain types of damages may be limited differently under Illinois law.

Why This Rule Can Matter

Multi-party accident cases can become particularly complicated when one responsible party has limited insurance coverage, limited financial resources, or disputes responsibility. Understanding how Illinois law applies to economic and non-economic damages may be important when evaluating the potential sources of compensation available in a case.

These rules are intended to address situations where multiple parties may be responsible for causing harm. However, the specific application of comparative fault and joint and several liability can depend heavily on the facts of the accident, the parties involved, and the damages being sought.

Potentially Liable Parties in a Multi-Party Accident

Depending on how an accident occurred, more than one individual or entity may potentially be involved in a personal injury claim.

Drivers: Multiple drivers may have contributed to a collision through negligent or unsafe actions.
Employers: An employer may potentially face liability in certain situations involving an employee who was acting within the scope of employment.
Property owners: Dangerous property conditions may contribute to an injury in some premises liability cases.
Businesses or contractors: Depending on the circumstances, businesses and contractors may potentially bear responsibility for unsafe conditions or negligent conduct.
Other responsible parties: The facts of an accident may reveal additional parties whose actions or inaction contributed to the harm.

Why Multi-Party Injury Claims Can Be Complicated

Cases involving multiple potentially responsible parties can require significantly more investigation than an accident involving only one defendant. Each party may have a different version of events and may attempt to minimize their own percentage of responsibility.

Insurance companies may also dispute liability or point to the conduct of other drivers or parties when evaluating a claim. This can make preserving evidence and understanding the available legal options especially important.

Multiple Parties Can Mean Multiple Disputes

When several parties are involved, determining fault may require examining multiple insurance policies, witness accounts, accident reports, business records, employment relationships, and other evidence. An experienced attorney can help investigate the circumstances and evaluate which parties may potentially be responsible.

Contact Patel Law, PC

Whether your injuries resulted from a car accident, trucking accident, premises liability incident, or another type of accident involving multiple potentially responsible parties, it is important to understand and protect your legal rights.

Contact the experienced Decatur personal injury attorneys at Patel Law, PC to speak with our team about the circumstances of your own case today.

Frequently Asked Questions About Comparative Fault in Illinois

Can I recover compensation if I was partially responsible for an accident?

In some circumstances, yes. Illinois follows a modified comparative fault system, meaning an injured person’s potential recovery may be reduced by their percentage of responsibility. Important limitations may apply depending on the percentage of fault assigned.

What happens if several people caused an accident?

When multiple parties may have contributed to an accident, evidence may be used to determine the percentage of fault attributable to each party. The specific responsibility for damages can depend on those findings and applicable Illinois law.

What is joint and several liability?

Joint and several liability is a legal doctrine that can affect how responsibility for certain damages is allocated among multiple defendants. The application of the doctrine depends on Illinois law and the percentage of fault attributed to the parties involved.

How is fault determined after an accident?

Fault may be evaluated using evidence such as police reports, photographs, witness statements, physical evidence, video footage, and other records related to how the accident occurred.

Should I speak with an attorney about a multi-party accident?

Multi-party accident claims can involve complicated questions regarding fault, insurance coverage, evidence, and liability. Speaking with an experienced personal injury attorney may help you better understand the options available based on the specific circumstances of your case.

Questions About Fault After an Accident?

When multiple parties may be responsible for an accident, understanding how fault and liability may be assigned can be an important part of protecting your right to pursue compensation.

The legal team at Patel Law, PC can help evaluate the circumstances surrounding your accident and discuss potential legal options.