What Happens if You Are Partially at Fault for an Accident?

 Posted on November 14, 2025 in Car Accidents

Not all car accidents are black-and-white. Sometimes, one driver’s negligence may cause another motorist to make a rash decision, leading to a collision. Both parties may share the blame for the accident, but oftentimes, one party bears a majority of the blame.

If you were partially to blame for a crash, do not assume that you cannot get compensation. A Cook County, IL car accident lawyer can help you take legal action and hold the negligent driver accountable.

At the Law Office of J. Francis Barker, P.C., our solo attorney is always ready to advocate for your rights. We can carry out a full investigation into the accident, getting an accurate picture of liability while seeking to minimize your fault for the crash.

What Does Comparative Negligence Mean?

Every state has its own interpretation of how negligence applies to car accidents. Illinois uses a model known as modified comparative negligence to decide who should be made to pay for an accident. Under state law, you can collect payment for your damages as long as you were no more than 50 percent to blame for the crash. However, any percentage of fault you share will reduce your final payout accordingly.

The law allows you to ask for damages even if you contributed to a crash in some way. An attorney can work with you to try to reduce your percentage of fault to protect the total value of your settlement or verdict. Our firm can help you pursue compensation for economic and non-economic damages, including your medical expenses and pain and suffering (735 ILCS 5/2-1115.2).

How Do You Determine Who Was at Fault for an Accident?

It is not always easy to discern who was responsible for a car accident. You might only remember the accident as a blur of events, and your memory will get hazier with time. With that in mind, it is important to preserve any evidence that could establish liability for the crash, such as:

• Photographs of the vehicles and any debris at the site of the accident

• Witness statements

• An official police report

• Dashcam footage

Even if you are not sure whether you have a clear-cut case, it may still be worth the effort to look into the crash with the help of an attorney to see if the other driver is liable. As more evidence is uncovered, the other driver’s liability could become more obvious.

Be Careful When Speaking to Insurance Adjusters After a Crash

It is fairly common for insurance companies to send out representatives to investigate a crash. Most of the time, their goal is to minimize liability on behalf of the other driver, reducing their obligation to compensate you.

If you admit any liability to an insurance adjuster, the company might use that as grounds to deny or unfairly reduce your claim beyond your actual responsibility for the crash. For that reason, you should only speak to an insurance company with a lawyer present to protect your interests.

Contact an Orland Park, IL Personal Injury Lawyer

Filing a car accident claim can be a difficult process, especially if you were partly responsible for the crash. At the Law Office of J. Francis Barker, P.C., we can go over your case with you and work hard to secure meaningful compensation for your losses. To set up a free consultation, call our Cook County, IL car accident attorney at 708-321-1223.