Yes, in Illinois, you may still be able to pursue a legal case even if you were partially responsible for a bicycle accident. Illinois follows a comparative fault rule, which means that you can still recover damages as long as you were not more than 50% at fault for the accident.
How Does Comparative Fault Work in Illinois?
Illinois uses a system called “modified comparative fault” to determine liability. This system allows you to seek compensation for your injuries if your share of fault is less than 50%. However, your compensation will be reduced by your percentage of fault.
For example, if you were found to be 20% at fault for the accident, you would still be eligible to recover 80% of the damages from the other party.
What Do I Need to Prove to Recover Compensation?
If you are partially at fault, it is crucial to present strong evidence to support your claim. An experienced attorney can help gather key evidence, including:
- Accident reports
- Witness statements
- Expert testimonies
Having this evidence can help demonstrate the other party’s negligence, minimizing the percentage of fault attributed to you.
What Kind of Compensation Can I Seek?
Even if you are partially responsible, you may still be entitled to recover compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Your total compensation will be reduced by your percentage of fault, but a skilled attorney can help you pursue the maximum amount possible under the circumstances.
Can Insurance Companies Use Comparative Fault Against Me?
Yes, insurance companies may attempt to use comparative fault to reduce their payout. They may argue that you were more responsible for the accident than you actually were, in order to minimize the compensation you receive.
For example, an insurance adjuster might claim that you were not paying attention or violated a traffic law to increase your percentage of fault. The higher the fault percentage they assign to you, the less compensation you will be eligible to receive.
This is why it’s crucial to have experienced legal representation on your side. An attorney can help by:
- Challenging unfair fault assessments.
- Presenting evidence that accurately reflects the circumstances.
- Negotiating with insurance companies to secure a fair settlement.
Don’t let insurance companies take advantage of your situation. Seeking professional legal assistance can help ensure that your rights are protected and that you receive the compensation you deserve.
Why You Should Seek Legal Advice Right Away
If you were injured in a bike accident, seeking legal advice promptly is essential. An attorney can evaluate factors such as:
- Road conditions
- The actions of other drivers
- Any failure to follow traffic laws
By examining these details, your attorney can build a strong case and help secure the compensation you deserve.
How Can Our Firm Help?
We know how stressful it can be after a bike accident, especially if you are uncertain about your legal options. Our firm has extensive experience handling bike accident cases and will provide the support and legal expertise you need to pursue the best possible outcome.
We offer free consultations, so don’t hesitate to reach out and discuss your case with us. Let us help you understand your rights and take the next steps toward recovery.
