If I Am Partly At-Fault For An Accident, Can I Still Seek Compensation?
As you are driving home one day, your cell phone starts to ring. You know that it is dangerous to engage in distracted driving, and yet you notice that the street you are driving along is completely devoid of other drivers and pedestrians. Since no one is around, you figure it is probably safe for you to try and find your phone and answer it. The call might be important.
You find your phone, and just as you are hitting the button to answer the call another driver barrels into the side of your vehicle. You are not hurt very badly by the accident; you have a few scratches, your phone was damaged, and your car will need significant bodywork. You come to learn that the other driver is drunk, he was speeding, and he blew through a stop sign when he hit your vehicle and damaged it.
What do you do if a Chicago Car Accident is partly your fault?
You will need to seek compensation from the other driver for your injuries and damages, but yet you were on your phone when the accident happened. If you hadn’t been looking for your phone, and instead had been paying your full attention to the road and driving safely, you might have noticed the man’s erratic driving and been able to avoid him.
If you find yourself involved in an automobile accident for which you are partially at fault, you might be able to recover some of your damages, so long as the other party involved in the accident is more at fault than you are. Illinois is a comparative negligence state, meaning that if you are less at fault for an accident than the other party, you can receive compensation for your damages, but at a discounted or reduced amount.
Contact Willens & Baez to Receive a Free Consultation from an Experienced Attorney
To discuss your personal injury, medical malpractice, car accident, wrongful death, or Illinois workers compensation case, call our Chicago Personal Injury Attorneys today at (312) 957-4166 to speak with an experienced personal injury attorney. Initially, we will listen to you and offer you guidance. We see this initial FREE consultation not only as a way for us to get to know you, but also for you to better understand who we are and what we can do, so you can feel comfortable making the decision as to which law firm to hire.
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Understanding Comparative Negligence in Chicago’s Car Accident Claims
Living in Chicago means sharing the road with thousands of other drivers—a fact that’s reflected in the city’s car accident statistics. In 2024 alone, Chicago recorded a staggering 112,032 car crashes with 25,692 injuries—more than any other year in its history. Despite efforts to improve road safety, unpredictable and dangerous crashes remain a common risk for Chicagoans.
But what if you were partly responsible for your accident? Many people are unsure whether being partially at fault—say, for looking at your phone for just a second—means you’ll get nothing if you’re hurt. The answer, thanks to Illinois’ comparative negligence laws, is more hopeful than most realize.
Distracted but Not Doomed
Let’s say you’re driving home after a long day. Your phone rings. Glancing down, you reach for it, only for your car to be sideswiped by another driver—who turns out to be drunk and speeding through a stop sign. Your car is badly damaged, and while you escape with just a few scratches, the question arises: Can you recover damages even though you were partly distracted?
Comparative Negligence: The Illinois Advantage
Comparative Negligence is Considerably Better Than the Alternative Legal Standard
Other states use a very strict negligence theory called contributory negligence, which requires that if the victim was even the tiniest bit negligent in causing the accident, he or she is completely barred from receiving any compensation from the party or parties who were more at fault.
Illinois is a Comparative Negligence State
Comparative negligence is a partial legal defense designed to attribute fault in proper proportion to the parties involved. When the case is brought to court, a fact-finder, such as the jury, will make a determination as to what extent the parties involved were each negligent. When deciding whether the victim, or suing party, is entitled to recover, the jury will weigh the victim’s own level of negligence against the degree of negligence of the other party, or against the combined negligence of the other parties involved.
Presuming that you were the victim of an accident, under comparative negligence theory, so long as the other party, or parties, are more at fault than you are for the accident, you can recover, but you will recover only a reduced amount. However, if you are more at fault for the accident than the other party, you will get nothing.
This means:
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You can seek compensation as long as the other party is more at fault than you.
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Your total compensation is reduced by your percentage of fault.
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If you are found to be 51% or more at fault, you receive nothing.
So, if a court or jury finds you 30% responsible for the accident and determines you have $100,000 in damages, you would receive $70,000 after the reduction.
How is Fault Determined?
In Illinois, fault is determined by weighing each party’s level of negligence. The jury or insurance adjuster considers evidence, interviews, and expert opinions to allocate a percentage of responsibility to each party involved in the crash.
Why Choose Willens & Baez Personal Injury Lawyers, P.C.?
Chicago is home to dozens of personal injury law firms, but Willens & Baez Personal Injury Lawyers, P.C. stands out for these reasons:
Deep Insurance Industry Experience
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Founder Matthew Willens and partner David Baez both have extensive backgrounds working for insurance companies before representing injury victims.
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As a result, they “know the other side’s playbook,” ensuring clients are never at a disadvantage.
Proven Track Record
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Secured dozens of million-dollar-plus recoveries for clients across car accidents, medical malpractice, and wrongful death cases.
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Helped achieve one of the National Law Journal’s Top 100 Verdicts and set a state record for a personal injury verdict.
Recognized Excellence
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Both partners have been repeatedly named to Illinois Super Lawyers®, a distinction reserved for less than 5% of attorneys statewide.
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Multiple recognitions, including “Best of the Best” Personal Injury Legal Advisors in Illinois, Leading Lawyer, and Top 100 Trial Lawyer in America.
No Fee Unless They Win
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Clients pay nothing up front. Payment is contingent on winning the case.
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The firm also pays all case costs, so there’s no financial risk in pursuing compensation.
Client Commitment & Reputation
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Consistently rated as a top Chicago law firm in personal injury and medical malpractice.
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Free consultations and a 24/7 availability promise—Lawyers will meet wherever is convenient for the client, including at home or in the hospital.
Community Trust & Results
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Testimonials consistently highlight their personal attention, efficiency, and powerful representation in complex injury cases.
Frequently Asked Questions (FAQ) — Top Chicago Car Accident Attorney Issues
| Question | Answer |
|---|---|
| How is fault determined after a Chicago car accident? | Fault is assessed based on who failed to operate their vehicle with reasonable care. Police reports, witness statements, photos, and traffic laws are all considered. |
| Can I recover damages if I was partially at fault? | Yes. Under Illinois’ comparative negligence law, you can recover damages as long as you are less than 51% at fault. Your compensation will be reduced by your percentage of fault. |
| What compensation can I claim after a car accident? | Damages often include medical bills, lost wages, car repairs, pain and suffering, and permanent disability. A top attorney will maximize all possible categories. |
| How soon should I contact a car accident attorney? | It’s best to contact an attorney immediately. Evidence disappears quickly, and deadlines (statutes of limitation) apply. |
| How much will hiring a car accident lawyer cost me? | Most reputable firms—including Willens & Baez—work on a contingency basis. There are no fees unless they win your case. |
| What should I do immediately after a car accident? | Get medical attention, call the police, gather evidence (photos, witness details), and contact a lawyer before speaking to insurance companies. |
| How long do I have to file a claim in Illinois? | Generally, two years from the date of the accident for personal injury claims. |
Why Personal Injury Representation Matters More Than Ever
Facing insurance adjusters alone after an accident, especially when you bear some responsibility, is an uphill battle. Adjusters have one goal: to minimize what they pay you. Without knowledgeable advocacy, you risk losing out on significant compensation—especially with record-crash rates in Chicago and increasingly complex insurance tactics.
Willens & Baez Personal Injury Lawyers, P.C. offers legal expertise, compassionate service, and a results-driven approach—no matter how challenging your case.
What To Do If You Were Partly At Fault in a Chicago Accident
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Don’t admit full fault, even if distracted—facts matter.
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Document everything—police report, photos, medical records.
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Contact a Chicago car accident attorney immediately.
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Avoid speaking to insurance adjusters before legal consultation.
No case is too complex for Willens & Baez Personal Injury Lawyers, P.C. With over 25 years of experience, an in-depth understanding of insurance tactics, and a community reputation for outstanding results, they are the firm Chicago trusts for tough personal injury cases.
If you’ve been injured in a Chicago car accident—even if you think you may be partly at fault—don’t settle for less than what you deserve. Talk to the award-winning team at Willens & Baez Personal Injury Lawyers, P.C. for a free, no-obligation consultation today. Call (312) 957-4166 and take the first step toward justice and peace of mind.
