If you are injured in a public transit accident in Chicago, the first question is often about who was responsible. But in many cases, the answer is not simple. You might be partially at fault. This raises an important issue under Illinois personal injury law—can you still recover damages?
The answer depends on Illinois’s modified comparative negligence rule. Under this rule, if you are less than 50% at fault, you may still collect compensation. However, your damages will be reduced based on your share of fault.
- For example, if you were 30% at fault, and the total damage award is $100,000, you can recover $70,000.
But if you are found more than 50% responsible, you cannot recover anything. This legal principle is found in Illinois Compiled Statutes (735 ILCS 5/2-1116). You can view the statute here: Illinois General Assembly – ILCS Section 2-1116
How Fault is Determined in Public Transit Cases
Fault determination in bus and train accidents is complex. It involves many factors, including your behavior at the time of the accident and the conduct of the transit operator.
In Chicago, public transportation is handled by several agencies:
- Chicago Transit Authority (CTA) for city buses and trains
- Metra for regional rail service
- PACE for suburban bus service
Each agency has different rules and safety standards. If a passenger fails to follow these rules—like standing while the bus is moving—it might affect fault. But operators are also held to high standards. If they brake too hard or fail to stop safely, they may be at fault.
Investigators, insurance companies, and lawyers review all these facts to assign a fault percentage. Video footage, driver logs, and witness statements are often used in this process.
Examples of Shared Fault in Transit Injuries
Let’s look at some situations where partial fault might apply:
- A passenger stands while the bus is moving and falls when the driver brakes suddenly.
- A commuter runs to catch a train and slips on the platform.
- A pedestrian crosses the street illegally and is hit by a turning bus.
In each case, the injured person may share some responsibility. But that doesn’t always mean they lose the right to compensation. Courts look at whether the transit operator could have avoided the accident, even if the injured person was careless.
What to Do After a Public Transit Accident
If you are involved in a Chicago bus or train accident, the actions you take immediately after can make a big difference—especially if partial fault may be a factor.
Start by getting medical attention right away, even if your injuries seem minor. This ensures that your condition is documented. Delays in seeking care can hurt your case and may be used to argue that your injury wasn’t serious.
Next, report the incident to the transit authority or operator on-site. If you’re on a CTA bus, notify the driver. If it’s a Metra or PACE train or station, report it to the conductor or platform staff. Try to get a copy of any incident report filed.
If possible, gather evidence at the scene:
- Take photos of the location, conditions, and your injuries.
- Ask for contact information from witnesses.
- Note the vehicle or train number, operator’s name, and route details.
This information is critical when fault is being disputed or shared. Your memory may fade over time, but photos and statements can preserve the facts.
Filing a Claim When You’re Partially at Fault
Being partially responsible does not stop you from filing a claim after a Chicago public transit accident. The process starts with documenting the incident clearly and acting quickly.
Under Illinois law, injured parties must file claims within the statute of limitations, which is generally two years from the date of the accident.
If your claim involves a government agency like the CTA, PACE, or Metra, you may need to file a notice of claim within a shorter time frame.
If your case involves shared fault with a government transit agency, here’s a helpful guide on how to sue the CTA if you share fault in Illinois.
This step is critical and must comply with specific notice rules. Missing the deadline can result in your claim being denied, no matter how strong your case is.
Your attorney will usually send a claim letter to the transit agency, outlining:
- The date and location of the accident
- A description of what happened
- An explanation of your injuries
- Why the agency is partially or fully at fault
This letter starts the legal negotiation process. The agency may respond with an offer, deny the claim, or request more evidence.
Key Evidence Used in Fault Assessment
In cases involving public transit systems, several types of evidence can help determine how fault is divided. Gathering this evidence as early as possible increases the chances of a successful outcome.
Surveillance footage from buses, trains, or platforms is one of the most powerful tools. Transit vehicles in Chicago are usually equipped with cameras that capture rider behavior and operator conduct. This footage can show whether:
- A driver stopped too abruptly
- A passenger ignored posted safety warnings
- Conditions on the vehicle were hazardous
Witness statements are also valuable. They provide context that video alone might not capture—such as whether a driver seemed distracted or whether a platform was wet or slippery.
To better understand the types of evidence that support shared fault claims in Illinois, see our complete breakdown here.
Accident reports, driver logs, maintenance records, and emergency response documents help form a comprehensive picture. Together, they create a fault profile that supports your claim or defense.
When a Personal Injury Lawyer Is Crucial
If you believe you were partially at fault, it is important to speak with an attorney as soon as possible. Illinois comparative fault laws are complex. Public transit cases often involve layers of regulations, contract operators, and third parties.
A skilled personal injury lawyer will:
- Analyze the evidence
- Communicate with the transit agency
- Negotiate with insurance companies
- Protect your right to fair compensation
Legal help becomes even more important when dealing with multiple defendants, such as when a case involves a bus operator, a maintenance company, and a vehicle manufacturer. Without guidance, it’s easy to lose out on your legal rights.
For further information, read about who can be held responsible when multiple parties contribute to injury is essential, especially in complex public transit cases.
How Comparative Fault Affects Settlement Value
Many Chicago transit cases involving partial fault are resolved through settlements. However, if the parties cannot agree, the case may go to trial. Juries play a critical role in assigning fault percentages and deciding how damages should be calculated.
For instance:
- A jury might decide that a pedestrian was 40% at fault and still award $90,000 of a $150,000 claim.
- In another case, a passenger deemed 51% responsible may receive nothing, based on Illinois’s modified comparative fault rule.
This is very different from pure contributory negligence. Here’s how the difference between comparative and contributory negligence in Illinois impacts your right to recover damages.
This system creates a strong incentive for each side to argue for a lower share of fault. That’s why evidence must be presented clearly and legally.
Insurance companies will also use the comparative fault percentage to offer a settlement. A well-documented case often results in a higher offer, even when partial fault is involved.
How Insurance Companies View Shared Fault
Once your claim is submitted, insurance adjusters will evaluate whether you were at fault—and if so, to what degree. This is called comparative fault assessment.
They review your statement, any police or accident reports, and available footage. If they determine you were partially responsible, they may reduce the amount they offer.
For example:
- If your claim is worth $50,000 and you’re found 25% at fault, they might offer $37,500.
- But if they believe you were more than 50% at fault, they could deny the claim altogether.
Insurance companies are often aggressive in shifting blame to minimize payouts. They may argue that you ignored safety warnings, were distracted, or contributed to the accident in some way.
Having a lawyer to counter these arguments is critical. Legal professionals know how to:
- Challenge unfair fault claims
- Present counter-evidence
- Negotiate better settlements based on actual responsibility
How to Strengthen Your Legal Position
To improve your chances of recovering compensation—even if you were partially at fault—follow these strategies:
- Hire an experienced personal injury attorney early in the process. They understand Illinois’s modified comparative negligence rules and will build your case accordingly.
- Don’t admit fault at the scene or to insurers. You may feel guilty or uncertain, but let the facts and legal process determine fault.
- Preserve all documentation, including medical records, repair bills, and communication with the transit agency or insurance company.
- Follow all legal timelines, including the two-year statute of limitations and any early deadlines required for claims against public entities like the CTA.
These steps help position you for a fair and accurate fault determination and give you the best chance at financial recovery.
FAQs
Can I sue the CTA if I was partly at fault in a bus accident?
Yes. Under Illinois’s modified comparative negligence law, you can still sue the CTA as long as your fault does not exceed 50%. Your compensation will be reduced based on your share of fault.
What happens if I’m 51% responsible for a transit accident in Illinois?
You cannot recover damages. Illinois law bars compensation if your share of fault is greater than 50%, even if the transit authority was also negligent.
How is fault determined in Chicago public transit accidents?
Fault is determined through evidence. This includes surveillance footage, witness statements, operator records, and accident reports. Investigators and lawyers use this evidence to assign fault percentages.
Is there a time limit to file a claim against the CTA or Metra?
Yes. You typically have two years to file a personal injury claim. However, if your case involves a government agency, you may need to submit a notice of claim much sooner—often within six months.
What if I stood up on a bus before it stopped and got hurt?
You may still be eligible for compensation. If the driver braked unsafely or violated transit procedures, you could share fault, but not necessarily lose your right to recover damages.
Final Thoughts
Being partially at fault in a Chicago bus or train accident does not mean you’re out of options. Under Illinois law, you still have rights and a clear path to compensation so long as your share of fault is 50% or less.
The key is to act quickly, document the facts, and get legal help when needed. With the right support and information, you can move forward confidently, even in complicated situations involving shared responsibility.
If you’ve been injured in a transit accident and believe fault may be disputed, consult with an attorney familiar with Illinois comparative negligence law and public transit claims. They can help you navigate the system and protect what you’re entitled to recover.
