What to Do if You Share Fault in a Motorcycle Accident

 Posted on June 12, 2024 in Car Accidents

The aftermath of a motorcycle accident can be daunting, especially when you believe you may share some fault in the incident. If you find yourself in this situation, it is helpful to understand your rights and the steps you should take to protect your interests. An Illinois lawyer can help you determine the necessary steps if you are partially at fault in a motorcycle accident.

What You Should Know About Illinois’ Comparative Fault Laws

Illinois follows a system of modified comparative fault, which means that you may still be able to recover damages, regardless of whether you hold partial fault for the accident. However, your percentage of fault must be less than 51% for you to be eligible for compensation. If your fault is determined to be 51% or more, you will be barred from recovering any damages.

Under this system, your compensation will be reduced by the percentage of fault attributed to you. For example, if you are found to be 30% at fault and your damages are $100,000, you would be able to recover $70,000.

Gathering Evidence and Documentation

Regardless of your perceived level of fault, always be sure to gather as much evidence and documentation as possible following the accident. This includes:

• Photos of the accident scene, vehicle damage, and injuries
• Witness statements and contact information
• Police reports
• Medical records and bills
• Lost wage documentation

This evidence will be vital in determining fault and calculating your potential compensation.

Communicating with Insurance Companies

After the accident, you will likely be contacted by insurance companies, including your own and the other party’s. Remember that insurance adjusters are trained to reduce payouts and can use anything you tell them against you.

When communicating with insurance companies, always stick to the facts and avoid admitting fault. Never provide a recorded statement without consulting your attorney. Do not accept a settlement offer without fully understanding your rights and the extent of your damages.

Consider Hiring a Personal Injury Attorney

The legalities of a motorcycle accident case can be stressful, especially when you share fault. When you work with an attorney in Illinois, they can help protect your rights and ensure you receive potential fair compensation for your damages.

An attorney can:

• Investigate the accident and gather evidence
• Negotiate with insurance companies on your behalf
• Calculate the full extent of your damages, including future medical expenses and lost earning capacity
• Represent you in court if necessary

Work With a Cook County, IL Motorcycle Accident Lawyer

Sharing fault in a motorcycle accident does not mean you have to forego your right to compensation. A Barrington, IL motorcycle accident attorney can help you through the steps to see if you can still qualify for any possible compensation. Call Barrington Injury Attorneys at 224-900-HURT to start with a free consultation to understand the specifics of your case.