Rockford, IL asked in Personal Injury for Illinois

Q: What happens if no one is at fault in an accident - who pays?

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1 Lawyer Answer
Charles Candiano
Charles Candiano
Answered
  • Chicago, IL
  • Licensed in Illinois

A: There is no such scenario. Each of the 2 or more Parties to an accident is ALWAYS assigned some degree of contributory negligence. If it turns out that 2 drivers are determined to be equally negligent, they are each responsible for one half of whatever injury and other damage they cause. In Illinois, if a driver is determined to be 51% contributorily negligent, that person CANNOT recover anything, as a matter of law.

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