Illinois Modified Comparative Negligence Calculator

Illinois only cuts you off once your fault actually exceeds 50% — a 50-50 split still pays half. See exactly where the 51% line falls for your claim.

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Where does your fault percentage land?

Enter your estimated damages and your best estimate of your own share of fault. In Illinois, exactly where you land relative to 50% and 51% changes everything.

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Illinois's rule: barred only when you exceed 50%

Under 735 ILCS 5/2-1116, a plaintiff is barred from recovering damages only if the trier of fact finds that the plaintiff's contributory fault is more than 50% of the proximate cause of the injury or damage. If the fault is not more than 50%, the plaintiff isn't barred — damages are instead diminished in proportion to the fault attributable to the plaintiff.

The 50/51 distinction, precisely

A claimant found exactly 50% at fault still recovers half of their damages under Illinois's rule, because 50% is not more than 50%. A claimant found 51% at fault recovers nothing at all. Illinois's own Pattern Civil Jury Instructions reflect this exact line: fault of 50% or less does not bar recovery, while fault exceeding 50% requires a finding for the defendant.

Worked example

Someone with $150,000 in damages, found 25% at fault, recovers $112,500 — reduced by their own share, since 25% is not more than 50%. That same person, found 51% at fault instead, recovers nothing at all, even though their share of responsibility only shifted by a single percentage point past the midpoint.

Multi-vehicle and multi-defendant accidents

The same 50% threshold applies regardless of how many other parties are involved in causing an accident. In a multi-car pileup, a claimant's own fault is still compared to the total proximate cause of the injury — if that claimant's individual share reaches 51%, the claim is barred, even when the remaining 49% is effectively split among several other drivers.

Why the fight over fault stays intense near the 50/51 line

Because the practical difference between a 50% finding and a 51% finding is the difference between a substantial recovery and zero, insurers have a real, concentrated incentive to argue a claimant's fault upward toward that exact threshold. See our guide to how adjusters build a fault argument in Illinois for what that negotiation actually looks like.

Illinois comparative negligence — frequently asked questions

Does Illinois use a 50% or 51% bar for comparative negligence?

A 51% bar. Under 735 ILCS 5/2-1116, a claimant is barred from recovery only if their fault is more than 50% — so fault of exactly 50% still allows a reduced recovery.

What happens if I'm found 51% at fault in Illinois?

You recover nothing. Illinois bars recovery once the claimant's fault is more than 50% of the proximate cause of the injury — 51% crosses that line.

What happens if I'm found exactly 50% at fault in Illinois?

You can still recover half your damages. Because Illinois only bars recovery when fault exceeds 50%, a 50-50 split still allows a reduced recovery.

How does Illinois handle fault in a multi-car accident?

The same 50% threshold applies even when fault is split among several other parties — if a claimant's own share reaches 51%, the claim is barred, even if that 51% is spread across the claimant's own actions alone.

Who decides the fault percentage in an Illinois claim?

The trier of fact, typically a jury, compares the claimant's contributory fault to the total proximate cause of the injury.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Illinois statute (735 ILCS 5/2-1116) verified per our methodology. Confirm how these rules apply to a specific claim with a licensed Illinois attorney before acting.