Illinois Modified Comparative Negligence: The 50% Rule Explained
Illinois bars recovery if you are more than 50% at fault and reduces it otherwise. See how the rule works and how to protect your injury claim.
When more than one person may be to blame for an accident, Illinois uses a rule called modified comparative negligence to decide whether you can recover and how much. The key number is 50%.
How the rule works
Under 735 ILCS 5/2-1116, a person who is more than 50% at fault for their own injury cannot recover damages. If you are 50% or less at fault, you can recover, but your damages are reduced by your percentage of fault.
| Total damages | Your share of fault | What you could recover |
|---|---|---|
| $80,000 | 0% | $80,000 |
| $80,000 | 25% | $60,000 |
| $80,000 | 50% | $40,000 |
| $80,000 | 51% | $0 |
These numbers are illustrations only and do not predict any real case.
Why the evidence matters
Because recovery depends on staying at or below 50%, the fight over fault is often the main dispute. Evidence that can shift percentages includes:
- The police report and any citations issued
- Photos and video of vehicles, signals, signs and the road
- Independent witness statements
- Dashcam or surveillance footage
- Medical records showing when and how injuries occurred
What to do after an Illinois accident
- Call the police and get a report filed.
- Avoid admitting fault or guessing about what happened.
- Photograph everything and collect witness contact details.
- See a doctor and follow the treatment plan.
- Notify your own insurer and be careful with statements to the other side's insurer.
- Track the deadline: most Illinois personal injury lawsuits must be filed within two years.
Claims involving local government
If a city, county, school district or other local public body may share responsibility, the Illinois Local Governmental and Governmental Employees Tort Immunity Act sets stricter rules and shorter deadlines. Talk to an Illinois attorney quickly in these cases.
Frequently asked questions
What is the 50% rule in Illinois?
If you are found more than 50% at fault for your injury, you cannot recover damages. At 50% or less, your damages are reduced by your percentage.
Can I recover if I was exactly 50% at fault in Illinois?
Yes. At 50% you may recover your damages reduced by 50%.
What is the deadline to sue after an Illinois car accident?
Generally two years from the injury. Claims against local government can have shorter deadlines.