Claims for motorcycle accident compensation can be made by filing a personal injury lawsuit. It will be your legal burden to prove the elements of a motorcycle accident case to make a successful claim for compensation.
Under Illinois law, you must demonstrate:
- Another motorist broke a safety rule in Illinois or engaged in unreasonably dangerous driving behavior
- The driver’s actions caused a motorcycle crash to occur
- The motorcycle crash caused you injury or resulted in the death of a loved one
- You suffered actual economic and non-economic damages because of the motorcycle accident.
You must prove your claim by a preponderance of the evidence, which means showing that more likely than not, the other driver was responsible. See our page on Motorcycle Accident Dos and Don’ts for more information on how to protect your claim.
In some cases, motorcycle accidents are caused by defective road conditions, especially as motorcyclists are more affected than passenger cars by debris in the road, poorly maintained roads and poor road design.
Taking legal action against the government entity responsible for road design is possible, but there are special legal steps that must be pursued for filing a claim against the government, including filing a Notice of Intent of a Claim for Personal Injuries if the suit is against the state of Illinois.
