IL Bar Practice Questions - Illinois Bar Examination Exam

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A pedestrian is injured when a driver runs a red light. At trial, evidence shows the pedestrian was looking at a phone and stepped into the crosswalk without checking traffic. Under Illinois's modified comparative negligence rule, when is the pedestrian barred from recovery?

Whenever the pedestrian is found even 1% at fault When the pedestrian's fault is more than 50% of the total fault Only when the pedestrian's fault equals exactly 50% Never, because Illinois uses pure comparative negligence

Correct Answer:

When the pedestrian's fault is more than 50% of the total fault

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