Can You Still Sue if You Were Partially at Fault for an Accident?

 Posted on April 15, 2026 in Car Accidents

In Illinois, if you are partially responsible for an accident, you may still be eligible to recover compensation for your losses. It all depends on how much you contributed to the incident and your injuries.

If you have a case in which you were partially at fault, a Des Plaines personal injury lawyer can help you know if you still have the right to pursue compensation.

Why Does Illinois Allow People To Recover Damages Even if They Were Partly at Fault?

Illinois uses a legal framework called "modified comparative fault." This system, found in 735 ILCS 5/2-1116, allows you to still recover compensation even if you were partly responsible for the accident. This is fairer than other fault laws, which may go so far as to stop you from recovering damages if you had any fault at all.

This rule applies across a wide range of accident types, including:

• Car and truck accidents
• Slip and fall injuries
• Bicycle and pedestrian accidents
• Construction site accidents
• Premises liability claims

The catch is that your share of the fault must be 50 percent or less. If a court decides you were 51 percent or more responsible, you lose the right to recover any damages at all. If you do qualify, your compensation gets reduced by your percentage of fault.

For example, assume you were 30 percent responsible for an accident that cost you $10,000 in damages. In that case, you could still recover $7,000.

How Is Fault Determined in Illinois Accidents?

Fault is assigned through a process that usually starts through negotiations with insurance companies. If no agreement is reached, a judge or jury decides.

Both sides gather evidence and argue their cases. The defense will often try to push as much fault onto you as possible to reduce what they have to pay. Insurance adjusters in particular are trained to reframe events in ways that reduce their payouts. For this reason, strong evidence is very important to your case. This could include:

• Police or incident reports
• Witness statements
• Security or traffic camera footage
• Medical records documenting your injuries
• Photos from the scene
• Phone or vehicle data, where applicable

Don't wait to be contacted by the other party's insurer before you start documenting what happened. Be cautious about statements that could be interpreted as admitting fault.

Even if you have strong evidence, speaking to an attorney who can use that evidence effectively to defend you is wise. If you’re unsure of what you can and can’t say to insurance agents without admitting fault, speak to an accident attorney for guidance. They will talk to the adjuster for you, allowing you to focus on healing.

What Can You Recover From an Accident You Partially Caused?

Depending on the facts of your case, you may be able to seek compensation for a range of damages, including medical bills and the cost of any future treatment, lost income and reduced earning capacity, pain and suffering, emotional distress, and property damage.

Illinois also allows for recovery of non-economic damages, meaning the law doesn't just look at your hospital bills. If the accident significantly affected your quality of life, such as your mental or emotional health, you may be able to get compensation for that as well.

When Do Personal Injury Cases Go To Trial in Illinois?

Most personal injury claims settle before ever reaching a courtroom. That said, insurance companies sometimes make lowball offers, knowing that many people would prefer not to go to trial. If you don’t think the compensation is high enough, you can take the case to trial. You should have an attorney who is willing to litigate your case if needed. Settling too quickly can mean leaving significant compensation behind.

Call a Schaumburg, IL Personal Injury Lawyer Today

If you were hurt in an accident, you should talk to an attorney, even or especially if you had a part in the accident. At Grauer & Kriegel, LLC, we are willing to aggressively fight your case and go to trial when that's what it takes to get you fair compensation. In decades of practicing law, we’ve recovered over $150 million for clients.

Call 847-240-9010 today to schedule your free consultation with our Des Plaines personal injury attorney. Every case is handled by our lawyer personally.