You may still have a case, provided you were not more than 50 percent at fault.
Often, the negligence of two different drivers contributes to the causes of an accident. Under Illinois law, an injured person in such a situation can still recover compensation through a personal injury lawsuit, so long as he or she was not more than 50 percent at fault. However, the injured person’s compensation will be reduced by the percentage that he or she was at fault.
As an example, if a jury found that Driver A was 80 percent at fault for an accident and Driver B was 20 percent at fault, Driver B could still recover compensation through a lawsuit. However, if the amount of damages was found to be $100,000, Driver B would only recover $80,000.
The degree of fault may be difficult to determine, as several different factors may be involved. As such, it is important to call us for a free consultation or contact another highly qualified attorney to determine whether you have a case.