Contributory vs. comparative negligence: What’s the difference and why it matters

Car Accident - February 14, 2025 by Horwitz, Horwitz & Associates

Determining who is at fault is critical in obtaining compensation after an accident. Often, more than one party is at fault. Two legal frameworks address fault: contributory and comparative negligence. Illinois follows a comparative negligence system. This framework governs whether you are entitled to compensation based on each party’s degree of fault for the accident.

At Horwitz, Horwitz & Associates, our Chicago car accident lawyers guide clients through Illinois’ negligence laws to ensure they receive fair compensation. This blog will explain: (1) the key differences between contributory and comparative negligence, (2) how Illinois applies comparative negligence, and (3) why it matters for your personal injury case.

Contributory negligence

Under a contributory negligence framework, a plaintiff cannot obtain compensation if they are even partially at fault for an accident. In states that follow this rule, you cannot recover damages if you are responsible for even 1% of the accident.

For example, in a car accident, if you were found to be 10% responsible because you were speeding at the time of the crash, contributory negligence laws would prevent you from recovering any compensation, even if the other driver was 90% at fault.

Contributory negligence laws are harsh, and today, they are uncommon.

Comparative negligence

In Illinois, if you are partially responsible for an accident, you can still obtain compensation if you are 50% or less at fault for the accident. B, but your compensation will be reduced based on your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover any damages. This is called known as the 51% rule.

For example,  if you are found to be 30% at fault for a car accident and your total damages amount to $100,000, your compensation would be reduced by 30%, meaning you would receive $70,000. If you were 50% at fault, your damages would be reduced by 50%, meaning you would receive $50,000. However, if you were found to be 55% responsible for the accident (or any percentage over 50%), you would be barred from receiving any compensation.

Key takeaways for Illinois residents

Understanding Illinois’ comparative negligence laws is crucial for any personal injury claim. Here are the main points to remember:

• You can obtain compensation even if you are partially at fault: As long as you are 50% or less responsible for the accident, you can still receive compensation.
• Your compensation will be reduced according to your percentage of fault: The higher your degree of fault, the less compensation you will receive. For example, if you are 20% at fault, your compensation will be reduced by 20%; if you are 40% at fault, your compensation will be reduced by 40%, and so on.
• You cannot be compensated if you are more than 50% at fault: If your fault exceeds 50%, you will be barred from recovering any damages.
• Legal representation is crucial: Insurance companies often try to place as much fault on you as possible to reduce their payout. Working with an experienced attorney can help minimize your fault and maximize your recovery.

Why the framework for apportioning fault matters for your personal injury claim

The difference between contributory vs. comparative negligence impacts your compensation. In Illinois, where comparative negligence applies, you can seek partial compensation even if you were partially responsible for the accident. This means you should never assume that you won’t be able to recover damages simply because you played a role in the accident.

Insurance companies often try to assign a higher percentage of fault to injured parties to reduce the amount they must pay. Having a knowledgeable attorney on your side is critical in these situations. At Horwitz, Horwitz & Associates, we work diligently to gather evidence, consult with experts, and build a strong case to ensure you receive the compensation you deserve.

We will hold the negligent party accountable

If you’ve been injured in an accident in Illinois, it’s important to understand how negligence laws affect your case. At Horwitz, Horwitz & Associates, we have 100 years of experience navigating Illinois’ legal system and will work tirelessly to ensure you get the compensation you deserve. Contact us today for a free consultation, and let us help you exercise your rights.