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When You’re Blamed for a Car Accident
No one expects to be at the center of a car accident investigation. But when the dust settles and police reports start pointing fingers, you might find yourself sharing—or shouldering—the blame.
It doesn’t always mean you were reckless. Sometimes, you’re accused because the situation was complicated, the facts were murky, or insurance companies rushed to assign fault. That’s where comparative fault comes into play—and where the right defense can make all the difference.
Understanding Shared Fault
Comparative fault is a legal concept that splits the blame between all parties involved in an accident. Instead of pointing to just one “at fault” driver, it acknowledges that multiple people may have made mistakes.
But here’s the catch: if you're being accused of a certain percentage of blame, your legal and financial future could hang on how that number is calculated.
In older systems, such as contributory negligence, even 1% of blame could block you from recovering anything. Most states have moved on from that—but that doesn’t mean you’re in the clear. Under comparative fault, your ability to fight a charge, dispute a fine, or push back against insurance companies depends on how your percentage of fault is handled.
Different Rules in Different States
Know What Applies to You
Comparative fault laws aren’t one-size-fits-all. Some states use a pure comparative system—meaning even if you’re 90% at fault, you can still recover 10%. Others use a modified system—like Illinois, where you walk away with nothing if you’re 51% or more at fault.
That means the difference between being found 50% at fault and 51% at fault can cost you thousands of dollars or your driving record.
If you’ve been accused in Illinois, building a case that keeps your fault level below that 51% line is crucial. That’s not something you leave up to chance—or to whatever the insurance adjuster decides on their own.
It’s Not Just About the Facts—It’s About How They’re Interpreted
Insurance companies are quick to assign blame. They use police reports, damage photos, and witness statements—but they also use internal algorithms and assumptions. And those assumptions don’t always lean in your favor.
If you’re being blamed unfairly, you’ll need to challenge that with evidence—and a legal team that understands how comparative fault can be leveraged or defused in a courtroom.
Insurance Companies and Fault Games
Why Their Version Isn’t the Final Word
Insurance adjusters often claim they’re being fair—but at the end of the day, they’re protecting their company’s bottom line. If they can shift more blame onto you, they pay less.
That’s why it’s so important to gather and preserve your own evidence—photos, witness contacts, damage reports, and anything that challenges their version of events. It’s also why having legal defense on your side matters when the percentages start stacking against you.
If you're accused of being "mostly" at fault, don't assume you're stuck. There may still be a strong case for reducing or overturning that determination entirely.
Why Fault Percentages Matter
Your Finances, Your Record, Your Reputation
Let’s say your accident resulted in $40,000 in damage and you're found 30% at fault. That means you're on the hook for $12,000—even if the other driver was more to blame.
But worse than the money are the long-term consequences: higher insurance premiums, points on your license, and potential charges for reckless driving or related offenses. Your driving record may take a hit, and if you're facing criminal or traffic citations tied to the accident, the stakes are even higher.
That’s why it’s worth fighting back. Reducing your fault percentage by even 10% could save you thousands—and protect your future.
You Have Options & You’re Entitled to a Strong Defense
If you're facing charges or citations tied to a car accident where fault is being split—or pinned entirely on you—you don’t have to accept it. There are legal strategies that can minimize your percentage of fault or challenge the narrative altogether.
At DeRango & Cain, LLC, we stand with people like you: accused drivers who deserve to have their side of the story heard. We help clients across Rockford fight traffic charges, dispute unfair fault determinations, and defend themselves in court when the facts aren’t clear—or when they’ve been misrepresented.
Call us today at (815) 216-5911 to talk with a criminal defense attorney who will take your case seriously. Your rights matter—and we’re here to defend them.