Contributory fault is a type of law that applies in negligence cases. It governs what happens when multiple people, including the plaintiff, cause an accident.
Some personal injury cases are straightforward. One defendant may have entirely caused a plaintiff’s injuries.
However, others are much more complicated. The classic example is a multi-car pile-up. The first driver may have followed too closely, the second was texting, and the third was changing radio stations. Each driver may have an injury and partial responsibility for the accident.
Different Types Of Contributory Fault Laws
The theory of contributory fault is sometimes called contributory negligence. There are three different types of contributory fault laws in the United States:
- Pure Contributory Fault
- Pure Comparative Fault
- Modified Comparative Fault
Under pure contributory fault, the plaintiff cannot recover damages if they played any role in causing the accident. This is the strictest type of contributory fault law.
On the other hand, pure comparative fault is the most lenient type of contributory fault law. A plaintiff can recover partial damages even if they are mostly at fault for the accident. The damages are proportionate to their share of responsibility.
Modified comparative fault is the most common type of law. This rule allows the plaintiff to recover damages up to a certain percentage of responsibility. Some states have a 50% or 51% bar, for example. If the plaintiff is mostly responsible for the crash, they can’t recover anything.
Illinois Contributory Fault Rules
Every state applies a different set of contributory fault rules. Illinois applies a modified comparative fault with a 51% bar. Under this rule, a plaintiff cannot recover any damages if they are 51% or more at fault for the accident. However, they can recover proportionate damages if they are 50% or less at fault.
For example, if a plaintiff is 40% responsible, the plaintiff can recover 60% of their damages. If the plaintiff is 20% at fault, they can recover 80%. If the plaintiff is 70% responsible, they can’t recover anything.
Sexual Abuse Exception
Illinois has a carve-out exception in the contributory fault rule. It does not apply to the plaintiff’s bringing actions based on childhood sexual abuse. This helps to protect victims from unfair blame shifting.
Pros And Cons Of Contributory Fault
There are several different pros and cons to contributory fault law. Some legal scholars advocate for contributory fault, while others despise it. Ultimately, there are costs and benefits, as with any legal theory.
Encourages Personal Responsibility
Contributory fault laws, particularly modified and pure comparative fault, encourage personal responsibility. The rules recognize that accidents are not always cut and dry since a plaintiff is personally responsible for their share of the fault.
The existence of these rules encourages plaintiffs and defendants to act carefully. They want to avoid causing an accident. There is no expectation that a plaintiff can still recover huge damages even if they are mostly at fault. This rule also cuts down on frivolous lawsuits.
Invites Unfair Blame Shifting
The flip side of contributory fault laws is that they can encourage unfair blame-shifting. Most defendants know that they can avoid paying or significantly reduce the damages by shifting blame to the plaintiff. This encourages defendants to try to blame the plaintiff and someone other than themselves.
This is why whenever someone gets into a personal injury accident, they should always avoid accepting blame, especially before talking with an attorney. Apology statements can hurt the plaintiff, and depending on the specific law, accepting blame can completely bar any recovery.
Difficult To Apply Fairly
Another problem with contributory fault law is that it can be difficult to apply fairly. Since the rules are based on percentages, a judge must assign a percentage of fault to each party. Unfortunately, life is more complicated. It is hard to come up with a percentage that seems fair. Many times, judges arbitrarily choose a percentage.
For example, imagine there was a pedestrian accident. If the driver was texting but the pedestrian was jaywalking, it could be very hard to assign percentages. Both are responsible for the accident and picking and assigning a percentage to each party seems arbitrary.
On the other hand, if the driver was drunk and the pedestrian was texting while walking, it may be clearer. The driver bears the majority of responsibility.
Personal Injury Lawyers Are Important In Contributory Fault Cases
Regardless of the contributory fault rule in play, it is clear that a personal injury lawyer is extremely helpful in these cases. Without an experienced lawyer, a plaintiff may find that their damages are significantly less. In the worst case, the plaintiff can lose all rights to recover compensation.
Plaintiffs should hire a personal injury lawyer immediately after any type of accident or injury. That way, the lawyer can begin helping the client from the beginning before the damage is done.
A Chicago Personal Injury Lawyer Can Help You
If you were injured in a collision, slip and fall, or other type of accident due to someone else negligence, your pain and suffering might not end with the accident itself. You might experience devastating emotional pain and trauma – sometimes permanent – due to the accident. A dedicated team of Chicago personal injury lawyers at Powell and Pisman Injury Lawyers can help you. Contact our law firm at (312) 635-5400.