How Is My Percentage of Fault Determined After a Motorcycle Accident?

If you plan to file for compensation through a Chicago motorcycle injury claim, then your percentage of fault in causing your motorcycle accident will affect your potential compensation. This is because when your damages are awarded, a court will reduce the total amount by your percentage of comparative negligence.

To determine your negligence, a court will rely on assessments made by an insurance claims adjuster. To make their assessment, an insurance adjuster will investigate the evidence and circumstances that lead up to your accident. After conducting their investigation, the adjuster will assign a percentage of negligence. For instance, it may be determined that you are 40% responsible for causing your motorcycle accident. If that is the case, then when your settlement is awarded, the total amount will be reduced by 40%.

However, you can negotiate your percentage of negligence with the insurance claims adjuster. To do so, you should get the help of a Chicago motorcycle accident lawyer. A lawyer can investigate your case, and try to negotiate an acceptable percentage of negligence. If an agreement cannot be reached, then you may have to let a court decide the percentages of negligence involved.

Furthermore, in the state of Illinois, if your comparative negligence is determined to be 51% or more, then you won't be eligible for compensation in a personal injury claim.

If you have recently been in a motorcycle accident in Illinois, then you may want to know how comparative fault may affect your personal injury settlement. To learn more, read our article When You're Partially At Fault for a Motorcycle Accident 

Contacting a Chicago Motorcycle Accident Lawyer

A motorcycle is usually no match for a larger vehicle. Therefore, most Illinois motorcycle accidents will result in the rider sustaining serious and sometimes fatal injuries. At the Law Offices of Barry G. Doyle, P.C, our Chicago motorcycle accident attorneys will examine all aspects of your accident, determine liability, and aggressively pursue the full amount of compensation due to you for any injuries or loss you may have suffered as a result of your motorcycle accident. Contact us today for a free case evaluation - 312-263-1080.