How Comparative Negligence May Influence Your Motorcycle Crash Injury Claim

 Posted on February 24,2021 in Motorcycle Accidents

The weather is finally starting to warm up in the Waukegan area. Some individuals are taking their motorcycles out for the first time this year. While enjoyable, riding a motorcycle can be a dangerous hobby. If you or a loved one were hurt in a motorcycle collision, it is important to know your rights. You could be entitled to financial compensation for damages. However, the amount of compensation that you may recover may be influenced by a legal theory called “comparative negligence.”

Damages in a Motorcycle Collision Case

If you were injured in a motorcycle crash, you could potentially recover compensation for damages through a personal injury claim. Compensation for the damage to your motorcycle and other personal property, medical expenses, lost wages from missed work, and pain and suffering may be recoverable. Damages in a fatal motorcycle accident may include the loss of your loved one’s income and services, the loss of companionship or guidance provided by your loved one, medical and funeral expenses, and more. However, in motorcycle accident cases, the legal concept of comparative negligence can reduce the compensation you are entitled to.

Contributory Fault on the Part of the Motorcyclist

If you or your loved one’s actions contributed to the motorcycle accident or to the severity of the injuries, this will reduce your potential recovery proportionally. For example, if you were speeding or ran a red light, you could be considered partially at fault for the incident. Another common complicating factor in a motorcycle accident case is not wearing a helmet. Although Illinois law does not mandate motorcycle helmets, it is generally accepted that wearing a helmet can mitigate head and neck injuries in an accident. If you were not wearing a helmet or other safety gear at the time of the accident, it may be argued that this decision worsened your injuries.

Comparative negligence laws in Illinois allow an injured person to recover compensation for damages as long as he or she was not 50 percent or more at fault. The percentage of fault assigned to the injured person reduces his or her damages correspondingly. For example, if you were not wearing your helmet at the time of the accident and are therefore assigned 30 percent of the fault, you could still recover 70 percent of the losses incurred in the accident.

Contact a Lake County Motorcycle Accident Lawyer

Auto accident cases involving shared fault can be quite complex. For help, contact an experienced Waukegan personal injury attorney at Salvi & Maher, L.L.C. Call 847-662-3303 and schedule your free consultation.

Source:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf