In many cases, more than one driver bears some legal responsibility for a crash. In legal terms, shared responsibility for a crash is known as comparative negligence. When more than one party contributes to an accident, comparative negligence laws determine which parties are liable for damages.
You may have even been partially to blame for the motorcycle accident that hurt you. If you were partially at fault for the crash then there are two things that you should know. First, you may still be able to recover damages if you bear less than 51% of the responsibility. Second, you will benefit from telling your attorney the truth and letting your lawyer fight for your fair and just recovery.
Illinois Follows a Modified Comparative Negligence Rule
Modified comparative negligence means that the injured party can recover damages only if he or she is found to be less than 50 percent responsible for the accident. The compensation, though, may be reduced in proportion to the degree to which the injured party was responsible. Hence, if you are determined to be 30 percent responsible for the damages and injury incurred in your motorcycle accident, you may receive compensation that is reduced by 30 percent of the total amount of damages.
How Comparative Negligence Is Determined
Comparative negligence will be determined based on the facts of the case. The percentage of fault attributable to each party is often hotly contested. If an agreement between your attorney and the insurance company cannot be reached then the matter will be decided in court.
You can strengthen your claim by contacting an attorney early so that a full investigation can be done into the cause of your crash while evidence is still readily available. If you have any questions about how an Illinois motorcycle accident case works or what you should do after a crash, then please contact us today to schedule a free consultation with an experienced motorcycle accident lawyer.