If you have recently been in a Chicago motorcycle accident, then you may be eligible to claim damages in a personal injury lawsuit. In your motorcycle accident lawsuit, you may claim damages for your personal injuries, medical bills, any pain and suffering that was caused, and any wages or future wages that you may lose due to your personal injuries. If you are determined to have been partially at fault for your motorcycle accident, then your degree of fault will affect the amount of compensation that you may receive. In Illinois, this is known as the law of proportional comparative fault.
What is proportional comparative fault?
Proportional comparative fault holds you liable for your role in an accident. It means that if you are responsible for a certain amount of negligence in your motorcycle accident, then you will be responsible to pay your share of the damages in an injury claim.
For instance, if your motorcycle was sideswiped by a car that swerved into your lane at night, but you were riding without a headlight turned on, then it may be determined you were partially at fault for neglecting to turn on your headlight. If you file for compensation in a personal injury claim, then a court will determine your percentage of fault, and deduct that percentage from your settlement. So if the settlement awarded is $10,000, and 25% of the fault was yours, then you would only receive $7,500 through your Chicago motorcycle accident claim.
To know learn more about proportional comparative fault in Illinois, you can get the professional advice of a Chicago motorcycle accident lawyer.
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.
