Summer is just around the corner and throughout the greater Chicago area, motorcycle enthusiasts are excited to get on the road. Riding a motorcycle can be an efficient and enjoyable means of transportation, but it is not without its risks. Motorcyclist deaths happen 28 times more often than fatal traffic accidents involving other vehicles. As with many personal injury claims, some motorcycle accidents are completely the fault of another driver, and other times, the blame must be shared. Fortunately, Illinois liability laws allow an individual to seek compensation for damages caused by an accident even if he or she was partially responsible.
Contributory Negligence Laws
The term “contributory negligence” refers to a situation in which a claimant (person bringing the negligence or personal injury claim) in some way contributes to the injury-causing accident. The exact definition of contributory negligence depends on state law.
In Illinois, a claimant can still pursue compensation for damages if he or she was less than 50% percent responsible for the incident. If the claimant’s contributory negligence is 51% or more, he or she is not entitled to compensation. When the blame assigned to a claimant is decided to be more than zero but less than 50%, the compensation he or she is eligible for will be reduced in proportion to the blame assigned to them.
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