What if I Was Partially at Fault in a Truck Crash in Illinois?

 Posted on June 26, 2025 in Auto Accidents

A truck accident can be traumatic for everyone involved, and the legal aftermath can be overwhelming if you think you could be partially at fault. A common misconception among auto accident victims is that they cannot recover compensation if they share any responsibility for the accident. However, that is not always the case under Illinois law. If you have questions about your right to recover compensation for your injuries and property damage, an Aurora, IL truck accident lawyer can help.

Can I Still Recover Compensation if I Was Partly To Blame for an Accident in Illinois?

Under Illinois’s modified comparative negligence system, outlined in 735 ILCS 5/2-1116, you may still be eligible for compensation if you are partially responsible for an auto accident. The rule allows you to recover damages, such as medical expenses and lost wages, as long as you were not more than 50 percent at fault for the accident. If your share of fault is 51 percent or higher, you are barred from recovering any compensation.

If you are eligible, your compensation will be reduced by your determined percentage of fault. For example, if the total recoverable damages awarded to you were $100,000, and you were found to be 30 percent at fault, your final reward would be reduced to $70,000. The legal question of shared liability is common in truck accident cases, especially when the truck driver or their insurance company tries to shift blame to you. 

How Is Fault Determined After a Truck Accident in Illinois?

Fault is not assigned based on assumptions or vehicle size, but on evidence. Even if your injuries are severe, you could still be held partially or fully responsible. For example, in May 2025, Illinois state police reported a collision in Kane County involving a semi and a pickup truck. Tragically, the small truck ran a stop sign and got stuck under the semi. In this case, the driver of the pickup truck was found at fault for violating traffic law. However, further investigation could uncover some liability for the semi-truck driver or their employer as well.

Determining fault generally includes a few steps:

• Reviewing the police report, which will include the investigating officers’ observations, any citation issues, witness statements, and possibly an opinion about who was at fault

• Analyzing physical evidence, such as vehicle damage, skid marks, road conditions, traffic signs, and other elements of the scene

• Examining records from the trucking company, including maintenance and driver logs and GPS data

Hiring an experienced truck accident attorney is invaluable in these often-complicated cases. Your legal representative will investigate the case to search for signs of the truck driver’s or trucking company’s liability. For example, violations of the Federal Motor Carrier Safety Administration’s regulations, such as exceeding the maximum amount of hours a truck driver is allowed to be on duty, can influence how fault is assigned.

Contact an Aurora, IL Truck Accident Attorney for a Free Consultation

If you believe you were partially at fault in your truck accident, do not assume you have no legal options. Illinois’s comparative fault law still allows for sufficient compensation in many cases. A knowledgeable Kane County, IL truck accident lawyer at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can help you evaluate your case and fight back against unfair blame-shifting tactics. Call 630-907-0909 today to schedule a free consultation and get the legal support you need.