Illinois Comparative Negligence & Crash Liability

• A plaintiff at exactly 50% fault may recover 50% of otherwise recoverable damages.
• Identify all persons whose fault may properly be allocated.
• Preserve physical, electronic and witness evidence relevant to causation and percentage allocation.
• Analyze comparative fault separately from insurance coverage, damages and any statutory immunities.

Primary Illinois Source

735 ILCS 5/2-1116 — Limitation on Recovery in Tort Actions

Current-law review: September 16, 2026. Apply the statute together with current Illinois appellate authority and the facts of the crash.