Riding a motorcycle presents certain risks as riders share the road with cars and trucks and are exposed to flying debris and other hazards. Visibility is also a concern as other vehicles often do not see motorcyclists on the road. These factors significantly increase the likelihood of the motorcyclist suffering injury if an accident occurs. The National Highway Traffic Safety Administration (NHTSA) reports that, in 2021, an estimated 82,686 motorcyclists were injured in accidents, and another 5,932 motorcyclists were killed in accidents that same year.
When a motorcycle accident does occur, proving who is at fault for the accident can be complicated as the vehicles on the road, road conditions, weather conditions, and other factors all come into play in determining liability. And determining fault for an accident is at the heart of a personal injury claim. Motorcycle accidents often result in severe injuries, and the cost of treating those injuries—combined with the other sustained losses—can be significant. When more than one party is somewhat responsible for a motorcycle accident, there is still an opportunity to recover damages in accordance with Illinois’ modified comparative negligence laws.
Shared Fault: Understanding Illinois’ Modified Comparative Negligence Laws
When an accident results in injury or property damage, every state has its own laws regarding how damages will be awarded to the injured victim. When more than one party bears responsibility for an accident, the state of Illinois follows “modified comparative negligence” laws.
Under these modified comparative negligence laws, if the injured person was somewhat responsible for their accident, then their level of compensation will be reduced by their level of responsibility. So, for example, if it is determined that you are 30 percent responsible for your motorcycle accident, then the damages you may recover will be reduced by 30 percent. A damage award of $15,000 will be reduced to $10,000. If, however, your level of fault for the motorcycle accident is more than 50 percent, you will not be able to recover any compensation for the accident injuries.
What Kind of Compensation Can You Receive for a Motorcycle Accident?
Motorcycle accidents can result in significant injuries as motorcyclists share the roadways with large cars, trucks, and other motor vehicles without any protective barriers or airbags for protection. Personal injury laws are designed to protect individuals who have suffered injuries in motorcycle accidents caused by another person’s negligence. Even when the motorcyclist shares some level of fault for the accident, they may still be able to recover compensation if they are no more than 50 percent responsible. These compensatory damages aim to restore the injured party to the condition they were in before the motorcycle accident and may include a range of expenses and losses, including the following and more:
- Medical expenses
- Hospital bills
- Surgical procedure costs
- Expenses for prescription medication
- Anticipated future medical costs resulting from the motorcycle accident
- Emotional distress and pain and suffering
- Rehabilitation expenses
- Costs related to physical therapy
- Income losses
- Forfeited earned sick time
- Forfeited earned vacation time
- Property damage
- Loss of consortium
- Diminished quality of life
While some losses, like the financial impact of medical treatment, are quantifiable, others, such as pain and suffering or the reduction in one’s life enjoyment, are more challenging to measure. In evaluating those losses, the Illinois courts consider all the case factors to assign a value to those losses.
Recover Maximum Compensation for Your Motorcycle Accident Injuries
Even if you are partly responsible for your motorcycle accident, in Illinois, you still may be able to receive compensation for your injuries depending upon your level of liability for the accident. At Cullotta Bravo Law, our personal injury attorneys have served accident victims in Aurora and Naperville, Illinois, for over 30 years. Our motorcycle accident attorneys are skilled and knowledgeable, and we work tirelessly on your behalf to recover compensation for your motorcycle accident injuries. Contact Cullotta Bravo Law to schedule a free consultation at 630-898-7800.
