subject: Requirements for Proving Fault in Accident Cases [print this page] Importantly, fault does not always rest entirely with one party or the other. Illinois operates under what is known as a comparative fault rule. If two parties involved in an accident are both found to be somewhat at fault, damages can still be awarded to the party found to be less at fault. However, those damages will be reduced, typically by the percentage that the actions of that party contributed to his or her injury. And if you are found to be more than 50 percent at fault, you are not entitled to collect any damages under state law.
