Personal Injury Law Blog

When you are involved in a Chicago motorcycle accident and found to be partially at fault, it may feel as though your options for recovering damages are limited. However, Illinois law provides pathways for partially at-fault riders to receive compensation for their injuries and losses. Let us examine how Illinois’ comparative negligence law affects your ability to claim damages after a motorcycle accident.

Understanding Comparative Negligence in Illinois

In Illinois, the concept of comparative negligence determines how damages are awarded in cases where multiple parties share fault for an accident. The system allows for financial recovery even when you are partially to blame, as long as your portion of fault does not exceed 50 percent. If you are found to be more than 50 percent at fault for a crash, you are not eligible to recover damages under the state’s comparative negligence law.

The comparative negligence rule impacts your personal injury claim by reducing your recoverable damages in proportion to your degree of fault. For example, if you are found to be 30 percent responsible for the motorcycle accident, your compensation will be decreased by that percentage. The system is designed to balance fairness and accountability, ensuring you can still receive some damages for your injuries.

Calculating Damages When You Are Partially at Fault for a Motorcycle Accident

Determining damages in a case involving partial fault requires meticulous attention to detail. All losses, including medical expenses, lost wages, and pain and suffering, are totaled. From there, the percentage of your fault is subtracted from the total amount. For example, if your damages amount to $100,000 and you are found 20 percent at fault, you would still be eligible to recover up to $80,000.

Partial fault in motorcycle accidents can arise from various scenarios, such as failing to signal a turn or speeding. For example, a car driver may have run a red light and struck a motorcyclist who was driving recklessly. Even if these actions contributed to the crash, they do not negate the possibility of obtaining compensation, especially when the other party’s negligence can be demonstrated as a more significant contributing factor.

Building a Strong Case with Partial Liability

To maximize your compensation, gathering comprehensive evidence that supports your claim and potentially minimizes your degree of fault is essential. Collecting police reports, eyewitness statements and expert testimonies can provide a clearer picture of the dynamics of your motorcycle accident.

You do not have to do all of this on your own. An experienced Chicago motorcycle accident lawyer can help you navigate the legal complexities of comparative negligence. They can build a compelling case with a better chance of obtaining maximum compensation, even when you shoulder some blame for the crash.

Steps to Take After a Motorcycle Accident

Immediately after a Chicago motorcycle accident, ensure your safety and seek medical attention for any injuries. Try to document the scene with photos and secure contact information from witnesses. Remember that your statements to insurance companies may impact your claim, so it is prudent to consult with a lawyer before providing detailed information.

Reaching out to a reputable motorcycle accident attorney soon after your crash is crucial. They can guide you through the legal process, help you understand your rights and work toward securing the compensation you deserve.

Due to the time limits under state law, it is essential to act fast to ensure you do not lose your right to recover damages. The statute of limitations for personal injury claims in Illinois is generally two years from the accident date.

Contact a Chicago Motorcycle Accident Lawyer

If you or a loved one have been involved in a motorcycle accident in Chicago, do not leave things to chance. The knowledgeable and compassionate personal injury attorneys at Briskman Briskman & Greenberg understand the unique challenges motorcycle accident victims face. We are committed to fighting for the compensation you deserve.

Contact Briskman Briskman & Greenberg today for a free consultation to learn more. Our experienced legal team is ready to provide you with the personalized attention and skilled representation necessary to secure a favorable outcome in your motorcycle accident case.