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At-Fault Motorcycle Accident Claims
Yes, you may still be able to recover compensation if you were partly at fault for a motorcycle crash. Illinois lets you recover as long as you were not more than 50% at fault, and your compensation is reduced by your share of fault.
An at-fault motorcycle accident can leave riders feeling overwhelmed, confused, and unsure whether they still have legal options. Many of our clients come to us believing that because they made a mistake, or were told they were at fault, they have no right to pursue compensation. That simply isn’t true in many situations. As Chicago personal injury attorneys, we work with injured riders across the city who are dealing with pain, medical bills, missed work, and uncertainty after motorcycle accidents occur.
Chicago traffic presents risks for motorcyclists, including congested intersections, unsafe lane changes, uneven pavement, and construction zones. Even when a rider shares some responsibility, Illinois law may still allow recovery. Our role is to help injury victims understand their rights, determine fault based on the facts, and seek fair compensation.
What Are Common Causes of Motorcycle Accidents in Chicago?
When we investigate motorcycle collision cases, one theme appears again and again: the rider is rarely completely at fault. Most motorcycle accidents involve a combination of driver behavior, road conditions, and traffic violations by other drivers. Under the Illinois Vehicle Code (625 ILCS 5/), all vehicle drivers, including motorcyclists and car drivers, must follow traffic laws designed to reduce serious injury and catastrophic injuries.
Some of the most common causes of motorcycle accidents we see in Chicago include:
- Driver’s negligence by other drivers, including failure to yield, unsafe left turns, and distracted driving
- Unsafe lane changes where car drivers fail to check blind spots for an oncoming motorcycle
- Impaired driving, including alcohol or drug use by other motorists
- Distracted driving, such as texting or using navigation apps
- Speeding or aggressive driving in congested areas
- Poor road conditions, including potholes, uneven pavement, or debris
- Defective motorcycle parts or improper repairs
- Construction zones with unclear signage or lane shifts
While insurance companies often attempt to place blame on the motorcyclist, many motorcycle accident victims are injured because other motorists failed to share the road responsibly. Determining liability requires a closer look at how the accident occurs, not quick assumptions based on bias against motorcyclists. The differences between motorcycle and car accident claims may also be relevant when reviewing the circumstances.
How Do You Determine Fault for a Motorcycle Accident
Determining fault in a motorcycle collision case is a fact-intensive process. As a Chicago motorcycle accident lawyer, our job is to move beyond surface-level conclusions and examine what actually happened at the accident scene.
We determine fault by reviewing and preserving key evidence, including:
- The accident report prepared by local law enforcement
- Photographs and videos from the accident scene
- Vehicle damage patterns involving motorcycles and car accidents
- Statements from witnesses and other motorists
- Traffic-camera or surveillance footage when available
- Medical records documenting injuries
- Evidence of distracted driving or impaired driving
- Road design, signage, and visibility issues
Fault is rarely black and white. In many cases, multiple parties share responsibility. A rider may have been speeding slightly, while a car driver made an unsafe turn. Liability depends on how each action contributed to the accident, not on stereotypes about motorcycle riders.
What Should You Do If You Are Blamed for the Crash?
If someone says you caused the crash, take things one step at a time. Focus on your health and preserve information that may help explain what happened.
- Get medical care first, even if you feel fine. Some injuries may not be immediately obvious.
- Do not admit fault at the scene. Do not guess about your speed or what happened. Stick to what you know for sure.
- Ask for the police report and read it carefully. Reports can contain mistakes or assumptions, and a lawyer can help you address errors.
- Keep your helmet, riding gear, and motorcycle as they are. Do not repair or throw anything away before the evidence has been documented.
- Save photos and videos from the scene, along with the names and contact details of witnesses.
- Be careful when dealing with the other driver’s insurance company. Do not give a recorded statement before speaking with a motorcycle accident lawyer.
Being told by a police officer or insurance company that you were at fault does not settle the question of legal responsibility.
Can At-Fault Motorcycle Riders Recover Compensation?
Yes, many can. Illinois follows a comparative negligence system under 735 ILCS 5/2-1116. You may recover damages as long as you are not more than 50% at fault for the accident. If you are found to be 51% or more at fault, you cannot recover damages. If you are 50% at fault, you may still recover, but your compensation is reduced by your percentage of fault.
This means:
- An injured motorcyclist who is 10%, 20%, or even 40% at fault may still seek compensation
- Fault must be supported by evidence, not insurance adjusters’ assumptions
- Many motorcycle accident cases involve shared fault between drivers
For example, if your damages are $100,000 and you are found 20% at fault, you would recover $80,000.
Insurance companies often exaggerate rider fault to reduce payouts. Our role as motorcycle accident attorneys is to challenge those narratives, present evidence, and pursue fair compensation that reflects the full reality of the crash.
What Damages Can At-Fault Motorcyclists Recover in Illinois?
Even when a motorcyclist is partially at fault, Illinois personal injury law allows recovery for a wide range of damages. The value of a motorcycle accident lawsuit depends on medical records showing injury severity, financial losses, and long-term impact.
Recoverable damages may include:
Economic damages
- Medical expenses and future medical care
- Emergency treatment and follow-up medical attention
- Rehabilitation and physical therapy
- Lost wages and lost income
- Reduced earning capacity
- Property damage and vehicle damage
Non-economic damages
- Pain and suffering
- Emotional distress
- Loss of normal life
- Permanent disability or disfigurement
Punitive damages are rare in Illinois personal injury cases and are available only when a court allows them. They are not available in every motorcycle accident case.
While we never promise maximum compensation, we work carefully to document losses and pursue compensation that reflects what our clients have truly endured.
How a Chicago Motorcycle Accident Lawyer Can Help
From the first call through the resolution of a case, we help clients understand the legal process, especially when fault is disputed and insurance companies shift blame. Our role is to explain the process clearly and help clients understand their options under Illinois law.
Our services include:
- Listening to what happened and explaining your legal rights, timelines, and next steps in plain language
- Investigating the accident scene, reviewing the accident report, and gathering evidence needed for establishing liability
- Identifying the at-fault driver owed responsibility for the crash and documenting how negligence contributed to the injuries
- Collecting medical records and working with providers to document serious injuries, long-term limitations, and future care needs
- Communicating with insurance companies and insurance adjusters so our clients are not pressured into early or unfair settlements
- Challenging unfair fault allegations that attempt to exaggerate rider responsibility
- Calculating medical bills, lost income, and future losses tied to the motorcycle accident
- Negotiating settlements or preparing cases for trial when insurance carriers refuse to offer fair compensation
We understand that many motorcycle crash victims feel blamed simply for riding. Our approach is different. We focus on facts, accountability, and protecting the people we represent. Every motorcycle accident case is handled with care, respect, and determination. We stand with our clients at every step, from the first conversation through the final resolution.
FAQs
Are spinal cord injuries common in motorcycle accidents?
Yes. Common motorcycle accident injuries range from spinal cord injuries and traumatic brain injuries to fractures, internal injuries, and severe road rash. Because riders lack the physical protection of enclosed vehicles, even moderate-speed motorcycle crashes can result in severe injuries requiring long-term care.
Does not wearing protective gear impact liability in a motorcycle accident case in Chicago?
Protective gear may be considered, but it does not automatically bar recovery. Illinois motorcycle helmet laws do not require adult riders to wear helmets. Insurance companies may argue that lack of safety gear worsened injuries, but liability still depends on the actions of the at-fault driver and other contributing factors.
What if the other drivers don’t have insurance?
Under Illinois motorcycle insurance laws, uninsured and underinsured motorist coverage may apply. These policies can help injured riders recover compensation when other motorists lack adequate insurance. We help clients identify all available coverage options.
Can I recover if the crash was partly my fault?
Yes, as long as you were not more than 50% at fault. Your compensation is reduced by your share of fault, and if you are found 51% or more at fault, you cannot recover.
What if the police report says I was at fault?
It does not decide your case. A police report is one piece of evidence, and it can be wrong. We review the evidence and can challenge it.
Does lane splitting mean I cannot recover?
Not automatically. It can raise questions about fault, but you may still have a claim depending on the facts and applicable Illinois motorcycle laws.
What if I was riding without a helmet?
You can still bring a claim. Illinois does not require adult riders to wear helmets, and an insurer may argue it worsened your injuries, but that does not excuse the other driver’s carelessness.
Should I talk to the other driver’s insurance company?
Be careful. Do not give a recorded statement or accept an offer before you speak with a lawyer. The insurer may use your words to question your version of events or argue that your injuries are less serious than you say. It is best to understand your rights and options before discussing the crash or agreeing to a settlement.
Let Us Help You Recover Fair Compensation
If you were injured in a motorcycle collision, even one where you may share some fault, you still deserve answers, respect, and support. Our team of Chicago motorcycle accident attorneys represents motorcycle accident victims across the city, handling cases on a contingency fee basis. That means no upfront costs, and no fees unless we recover compensation for you.
We offer a free consultation where we review your motorcycle accident case, explain your rights, and walk you through your options moving forward. If you’re dealing with medical expenses, lost wages, and uncertainty after a crash, contact us today. We’re here to help you move forward.
Legally Reviewed By
Attorney Jonathan Rosenfeld
Content legally reviewed by Jonathan Rosenfeld This page has been reviewed for legal accuracy by Jonathan Rosenfeld, a Chicago personal injury attorney with nearly 25 years of experience representing people injured in car, truck, motorcycle, pedestrian, and rideshare accidents. Jonathan has recovered more than $450 million in settlements and verdicts for injured clients and families in Chicago. He holds a 10/10 rating on Avvo, is a member of the Million Dollar Advocates Forum, and has been repeatedly recognized by Super Lawyers. Jonathan leads the firm’s approach to holding insurance carriers and corporate defendants accountable for serious traffic injuries.