The most common thing an insurer says to an injured person in Lake Bluff is not that the claim is worthless. It is that the injured person was partly responsible. Illinois has a precise answer to that argument, and the precision runs in the injured person’s favor more often than adjusters suggest. The Law Offices of Michael W. Kopsick handles Lake Bluff injury claims where fault is disputed.
Shared Fault Under Illinois Law
Illinois compares fault by percentage. Under 735 ILCS 5/2-1116 a plaintiff is barred from recovering only when contributory fault is more than 50 percent of the proximate cause of the injury. At 50 percent or less there is no bar at all, and the award is reduced in proportion to the percentage attributed to the plaintiff. Two details are worth holding onto.
The bar sits above 50 percent, so a person found exactly half responsible still recovers half. And in Illinois this rule is in the statute itself rather than in case law, which is not true in every neighboring state. A look at what the firm handles shows how often that provision decides value.
How the Percentage Actually Gets Decided
The percentage is set by the trier of fact, not by an adjuster and not by the officer who wrote the report. A citation issued at the scene is evidence about what an officer concluded that day; it is not a finding that binds anyone later. Comparative fault is an affirmative defense, so the defendant carries the burden of pleading and proving it.
In practice the argument arrives dressed as speed, distraction, or a gap in treatment, and each is answerable with records. The types of crashes Illinois sees each carry their own recurring fault arguments.
Local Geometry and the Fault Argument
Lake Bluff sits where Route 41 and the Metra commuter line run close together through a village of narrow residential streets, and Sheridan Road and East Blodgett Avenue feed traffic across that grain. Sightlines at those crossings are constrained in places, a fact that cuts both ways in a fault dispute. Photographs taken from a driver’s actual eye level, rather than from a standing position beside the car, are often the difference between an argument and a demonstration.
Frequently Asked Questions
Do I need a personal injury lawyer in Lake Bluff, IL if I was partly at fault?
Possibly more than if you were not. Illinois still allows recovery at 50 percent fault or less, and the percentage is contested rather than fixed.
Does a ticket at the scene mean I lose?
No. A citation is evidence about that day. The percentage of fault in a civil case is decided separately by the trier of fact.
How The Law Offices of Michael W. Kopsick Handles Injury Claims in Lake Bluff
The firm treats a shared fault allegation as something the defense has to prove rather than something the injured person has to disprove. The Law Offices of Michael W. Kopsick sets out how the firm works plainly for anyone deciding whether to call.
Where fault is contested, the scene evidence that answers the argument is the first thing to change. Signal timings get retuned, vegetation is cut back, and shoulders are resurfaced, all on schedules that have nothing to do with the case. A review costs nothing. You can contact the firm to have the fault question looked at.
Last reviewed: September 2026
This page was reviewed by Michael W. Kopsick, licensed in Illinois since 2014.
Content is provided for informational purposes only and does not constitute legal advice. Consult a licensed Illinois attorney for guidance specific to your situation.
