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.