Motorcyclists face many of the same risks as other motorists on the road, but their vulnerability is heightened because motorcycles offer none of the protections afforded by passenger vehicles. When accidents occur, the consequences can be severe, with injuries often ranging from catastrophic to fatal. Fortunately, Illinois law allows motorcyclists to pursue legal remedies, even in cases where the rider's own negligence may have contributed to the accident or to the extent of the injuries.

Injured motorcyclists in Illinois may bring a personal injury lawsuit to pursue a claim for damages against another party to an accident. To prevail, the motorcyclist must establish that the other party’s negligence was primarily responsible for the accident and the resulting injuries. This entitles the motorcyclist to at least partial compensation for medical expenses, lost wages and pain and suffering. Illinois follows a modified comparative negligence rule, which means that if the injured motorcyclist is found to be less than 50 percent at fault, they may recover damages, albeit reduced. The judge or jury will assess each party's degree of fault and allocate damages accordingly. Importantly, the 50 percent fault threshold applies both to causing the accident and to increasing the severity and extent of damages. 

An illustration is the case of a rider who is not wearing a helmet when a crash occurs. Although Illinois law does not require helmets, failure to wear one can be deemed negligent since it exposes a rider to an unreasonable risk of harm. Even though the lack of a helmet does not cause an accident, it might be found to have increased the extent of harm suffered by the rider, especially when head, neck and spinal injuries are alleged. As such, the plaintiff’s recovery of damages might be significantly reduced.

Nevertheless, Illinois law will not bar a motorcyclist from recovering damages for other injuries suffered in a crash for which his or her negligence was not the primary cause. So if failure to wear a helmet was 33 percent responsible for the extent of a head injury, the rider can recover only 67 percent of costs related to that injury. But if the rider also suffered arm and leg injuries, those damages will not be reduced on account of lack of a helmet. 

By understanding their rights under Illinois law and working with an experienced motorcycle accident attorney, riders involved in devastating accidents can pursue the compensation they deserve for their injuries and begin the process of rebuilding their lives.

If you have been injured in a motorcycle accident, turn to Skinner Law Firm, P.C. in Bridgeview, Illinois for sound advice and effective representation. We have been providing trusted legal services throughout the Cook County area for nearly 20 years. Please call 312-635-6459 or contact us online to schedule a free consultation at our office.