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Motorcycle Crashes

What happens if I am partially at fault for my motorcycle accident in Illinois?

A: If you were recently in a motorcycle accident in Illinois and the accident was partially your fault, you will most likely see a reduction in your amount of damages. This does not necessarily mean however, that you are entirely barred from seeking compensation.

Modified Comparative Negligence

Illinois uses a concept known as modified comparative fault when determining accident liability. This means that if you've been in a motorcycle accident in Illinois, even if it was mostly someone else's fault and you were injured, you will still be responsible for your portion of the damages.

For example, if you were in a motorcycle accident and the total settlement for your injuries was $100,000, but you were found 10% responsible for the accident, you would only receive $90,000.

A Chicago motorcycle accident lawyer's skills are important here, because if you were injured, your lawyer can assess the dollar value for not just medical bills and lost wages, but also your pain and suffering. If your Chicago motorcycle accident lawyer is able to get you a higher settlement offer, you'll still be entitled to more damages, despite the reduction.

The specific type of modified comparative negligence that is followed in Illinois is refereed to as the 51% rule. If you file a personal injury claim and it's found that you are more than half responsible (51%) for the accident, you will not be able to recover any damages related to your accident.

This may apply in cases where the motorcycle rider ran a red light or was intoxicated at the time of the crash, which then caused them to be more than 51% responsible for their motorcycle accident. This aspect of an Illinois personal injury claim can be particularly confusing, so you may need to refer to a Chicago motorcycle accident lawyer for explanation on how it will apply to your case.

Determining Fault in a Chicago Motorcycle Accident Claim

After a motorcycle accident in Illinois, insurance adjusters are most often the ones to decide each party's level of fault. Since there is no set formula for assigning percentages, a Chicago motorcycle accident lawyer can make a case for the amount of compensation you require based on the evidence available.

Contacting a Chicago Motorcycle Accident Lawyer

A motorcycle is 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.

The Law Offices of
Barry G. Doyle, P.C.
5215 Old Orchard Road
Suite 710
Skokie, IL 60077
Phone: 312.263.1080
Fax: 312.263.0153

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