What Does Comparative Negligence Mean for Illinois Parking Lot Accidents?

 Posted on September 03, 2025 in Slip and Fall

Parking lots might seem safer than busy roads, but accidents happen in them every day. Drivers back out without checking blind spots, pedestrians step out from between parked cars, and poorly maintained surfaces cause people to slip and fall. In Illinois, the legal concept of comparative negligence plays a major role in determining who pays for damages in personal injury cases.

If you were hurt in a parking lot, it is important to understand how this rule can affect your case. A qualified Arlington Heights personal injury lawyer can offer guidance tailored to your situation.

What Is Comparative Negligence in Illinois?

Illinois follows a rule called modified comparative negligence, found in 735 ILCS 5/2-1116. This law allows you to recover compensation even if you were partly at fault for the accident, as long as you were not more than 50 percent responsible. If you are awarded damages, the amount you receive is reduced in proportion to your share of fault.

For example, if a jury finds that you suffered $200,000 in damages but you were 30 percent responsible, your maximum damages would be reduced to $140,000. However, if you were found to be 51 percent responsible, you would not be able to collect anything.

How Does Comparative Negligence Apply to Parking Lot Accidents?

Parking lot accidents often involve shared blame. A few common scenarios include:

• A pedestrian walks across a parking aisle without looking both ways and is hit by a driver who was speeding in the lot. Both may share fault.

• Two drivers back out of their parking spaces at the same time and collide. Responsibility may be split depending on visibility and speed.

• A driver fails to yield to a stop sign and ends up driving into another car whose driver was texting and distracted. Each driver may bear some responsibility.

• A shopper slips on ice in the parking lot, having walked past a warning sign about slippery pavement. The property owner may be held liable for failing to clear the lot, but ignoring the warning sign might mean that the shopper’s damages are reduced.

Since comparative negligence can impact the outcome of your case, evidence is crucial for protecting your rights. Accident reports, witness statements, medical records, and even security camera footage can help show that you were not mostly at fault. The sooner you contact a lawyer, the easier it is to gather and preserve this evidence.

Contact an Arlington Heights, IL Parking Lot Accident Lawyer

If you were injured in a parking lot accident, you may be entitled to financial recovery even if you share some responsibility. At Newland & Newland, LLP, our decades of combined experience can benefit you as we advocate passionately on your behalf. With millions of dollars secured in successful verdicts, we can help you pursue the compensation you deserve.

Call 847-797-8000 to discuss your case with one of our Rolling Meadows, IL personal injury attorneys. We offer free consultations, so call to schedule yours today.