What if I was partly to blame for the motorcycle accident?

If you share responsibility for the motorcycle accident, you could still recover partial compensation. Do not assume you are not eligible for compensation, or you could lose out on damages the law would provide if you took legal action.

Illinois uses a modified comparative fault rule. This means you may take legal action and obtain compensation as long as the other motorist was at least 51 percent responsible for the motorcycle accident.

If the other driver failed to yield, sped, drove while intoxicated, cut you off or engaged in many of the other behaviors that commonly lead to motorcycle accidents, you can pursue a claim. You will need to show that the motorist’s behavior was the primary cause of the accident.

Under modified comparative fault rules, the compensation you receive is reduced by the percent of fault attributed to your actions. If you had $100,000 in damages, and the other driver was 60 percent responsible for the motorcycle accident, you can recover $60,000 in compensation (60 percent of $100,000).

See How Much Is My Case Worth? to learn more about compensation that may be available to you.