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When You're Partially At Fault for a Motorcycle Accident (Part B)

Illinois limits proportional comparative fault at 51%

In Illinois, if you are responsible for the majority of negligence in a Chicago motorcycle accident, then you will not be able to receive damages in a personal injury claim. This is because in Illinois, if you are determined to have been 51% negligent in an accident, then the accident was mostly due to your own actions, and the liability is yours.

For instance, if you are involved in a motorcycle accident after running a stop sign, and your failure to stop makes you 70% responsible for the accident that resulted, then you won't be able to claim damages in a personal injury lawsuit. Your majority of responsibility negates your eligibility to make an injury claim.

How is fault determined?

After a motorcycle accident, it is in the hands of the insurance claims adjuster to determine the percentages of fault. They will do this based on the evidence and circumstances that lead up to your motorcycle accident. There is no specific mathematical formula when it comes to determining fault, so you may have to negotiate your percentage with the insurance claims adjuster. To do so, you should get the help of a Chicago motorcycle accident lawyer. A lawyer can help you assess the accident and determine the percentages of fault. If you and your lawyer cannot agree on a percentage with the insurance claims adjuster, then it will be left for a court to decide the percentages of fault that caused your motorcycle accident.

How can a Chicago motorcycle accident lawyer help me?

If you have been injured in a motorcycle accident in Illinois, a Chicago motorcycle accident lawyer can investigate your case. They can assess the damages that were caused in your motorcycle accident, and estimate what compensation you should ask for. If a settlement cannot be negotiated with an insurer, then your lawyer can represent your interests in a formal court of law.

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.

As a service to the residents of Chicago, Aurora, Rockford, and Illinois in general, the Law Offices of Barry G. Doyle, P.C. will frequently publish blogs about local traffic accidents. We do this to raise awareness about the common types of motor vehicle accidents that occur in Illinois and can result in serious injuries and/or fatalities.

Common accidents include, but are not limited to:

-- single-car accidents such as SUV rollovers;
-- accidents due to hazardous road conditions; and
-- accidents caused by distracted, aggressive, and/or drunk drivers.

If you have been named in this blog or you are the victim's family member or friend and would like the blog removed from our website, please feel free to contact us and we will promptly accommodate your request.