Two Careless Drivers, One Loss: How Illinois Splits Blame After a Fatal Multi-Vehicle Crash

Fatal crashes are often described as one driver’s mistake. In reality, many involve two or more motorists who each made a bad choice, such as one running a red light while another was speeding through the intersection. For a grieving family, that raises hard questions. Who pays, how much, and what happens if the driver most to blame has little or no insurance? Illinois answers those questions with a set of rules that can dramatically change the outcome of a wrongful death claim.

Illinois Divides Fault by Percentage

Under 735 ILCS 5/2-1116, Illinois uses modified comparative fault. A jury assigns a percentage of responsibility to everyone involved, and a claim is barred only if the injured party’s fault is more than 50 percent. If the person who died shares some responsibility, damages are reduced by that share. Insurers know this, which is why they often try to shift blame onto someone who can no longer tell their side of the story.

The 25 Percent Line That Decides Who Actually Pays

The more consequential rule for multi-driver crashes is 735 ILCS 5/2-1117. Every defendant found liable is jointly and severally responsible for medical expenses. For all other damages, a defendant found less than 25 percent at fault pays only its own share, while a defendant at 25 percent or more can be held responsible for the full amount.

This matters enormously in fatal cases. Most wrongful death damages are not medical bills. They involve lost financial support and the loss of companionship and guidance. Picture a crash where one driver is 85 percent at fault but carries a minimum policy, and a second driver with substantial coverage is found 15 percent at fault. That second driver may owe only 15 percent of the non-medical damages. Move that figure to 25 percent, and the family’s path to full compensation looks very different.

The threshold is also measured against the fault of everyone in the lawsuit, so who gets named as a party directly affects the math.

Building a Case Against Every Driver

Because a few percentage points can shift who pays, the investigation must be thorough from the start. Evidence that helps establish each driver’s true share includes:

• Event data recorder downloads from every vehicle involved.
• Phone records showing texting or calls at the moment of impact.
• Accident reconstruction analyzing speed, sight lines, and timing.
• Toxicology results and police reports for each driver.
• Independent witness statements and any available video footage.
• Every applicable insurance policy, including underinsured motorist coverage.

Let Us Carry the Legal Fight While Your Family Grieves

No legal outcome replaces the person you lost, but the way fault is divided can determine whether your family is financially secure in the years ahead. Our Madisonville wrongful death lawyers work alongside our Marion office to pursue every responsible driver in Illinois fatal crash cases.

Reach out to Whitfield Crosby & Flynn for a compassionate, confidential consultation. We represent families in Madisonville, Kentucky; Chattanooga, Tennessee; Indianapolis, Indiana; and Marion, Illinois.

Source:
ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116