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I was told that I was partially at fault for my accident. Can I still pursue a claim for my injuries?

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

Yes. Even if you were partially at-fault in an accident as a pedestrian, you may still pursue a personal injury claim for the injuries and/or damages you sustained.

Although pedestrians are at great risk of personal injury in traffic accidents while vehicle-drivers typically are not, fault in these accidents does not always clearly and fully belong to the driver. In some cases, pedestrians may be considered partially legally liable under Illinois law, as our state does apply comparative fault to pedestrian accidents. You are still eligible for compensation for your injuries to the extent that the other party was responsible for them.

Under Illinois’s comparative fault law, you, as the pedestrian in the accident, must be less than 50% at-fault for the accident to be eligible for compensation; those who are found to be more than 50% at-fault are barred from any compensation. The traditional theory of “pure contributory negligence,” under which plaintiffs couldn’t be compensated if they were at-fault to any extent, was abolished by the Illinois Supreme Court in Alvis v. Ribar 85 Ill. 2d 1 (Ill. 1981).

We are proud to serve our fellow citizens in personal injury cases, including when you or a loved one has been injured in a pedestrian accident. We see you as a person, not just a client – and that makes us better at the work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, email us at [email protected], or schedule a meeting with us here. We’re here 24/7.

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