Motorcycle accident claims in Illinois are almost always contested on the question of fault. Even when the other driver clearly caused the crash, the defense will look for ways to assign some percentage of fault to the rider. Every percentage point matters because Illinois comparative fault law directly reduces your compensation.
Understanding how comparative fault works in motorcycle cases and what arguments the defense will use helps you protect your claim from the start.
How Illinois Comparative Fault Works
Illinois follows a modified comparative fault system (735 ILCS 5/2-1116). The rules are:
- Your compensation is reduced by your percentage of fault
- If you are more than 50% at fault, you recover nothing
For a motorcycle accident with $300,000 in damages:
| Your Fault | Recovery |
|---|---|
| 0% | $300,000 |
| 15% | $255,000 |
| 30% | $210,000 |
| 50% | $150,000 |
| 51% | $0 |
The 51% threshold is a cliff. The defense in motorcycle cases works aggressively to push your fault percentage as high as possible, ideally past the 50% mark where you lose everything.
Motorcycle-Specific Fault Arguments
The defense uses arguments against motorcycle riders that they would never use against car drivers. Understanding these arguments helps you counter them.
Speed
Speed is the number one fault argument in motorcycle cases. The defense argues:
- You were exceeding the posted speed limit
- You were going too fast for conditions even if under the speed limit
- Your speed prevented the other driver from judging the gap for a turn
- Your speed made the crash more severe than it would have been at a lower speed
Even moderate speeding (5-10 mph over the limit) can add 10-20% fault to your claim. Significant speeding (15+ mph over) can push fault much higher.
How to counter: Accident reconstruction evidence can determine your actual speed from physical evidence. If you were at or near the speed limit, the speed defense weakens. Your attorney can also argue that even if you were slightly above the limit, the other driver’s violation (failure to yield, running a light) was the primary cause.
Helmet Defense
As discussed in detail elsewhere, the defense argues that not wearing a helmet increased the severity of your head injuries. This does not establish fault for causing the accident, but it can reduce damages for head injuries specifically.
Lane Positioning
The defense may argue you were riding in an improper lane position. Riding near the center line, weaving within your lane, or riding in a position that made you less visible. While motorcyclists have the right to any position within their lane, the defense uses lane position to argue you contributed to the crash.
Following Distance
If you rear-ended another vehicle or were riding close behind a vehicle that stopped suddenly, the defense argues you were following too closely. This is a stronger argument because following distance is directly relevant to crash causation.
Inexperience
If you were a new rider or had recently obtained your motorcycle license, the defense may argue that your inexperience contributed to the crash. They may point to how you handled the motorcycle during the crash, whether you braked effectively, or whether you took evasive action that an experienced rider would have taken.
Motorcycle Modifications
Aftermarket modifications that affect the motorcycle’s performance or visibility can be used against you. Loud exhaust, removed mirrors, altered lighting, or performance modifications that affect handling are all potential fault arguments.
Alcohol or Drug Use
Any amount of alcohol or drug use will be used to argue impairment. Even one drink, even prescription medication that causes drowsiness. Illinois has a zero-tolerance standard for proof of fault: any impairment reduces your credibility and increases your fault percentage.
The Anti-Motorcycle Bias Amplifier
All of these fault arguments are amplified by the general anti-motorcycle bias that exists among insurance adjusters and jurors. The underlying assumption is that riding a motorcycle is inherently risky, and that riders accept the consequences of that risk.
This bias means that a motorcycle rider who was slightly speeding may be assigned 25% fault, while a car driver slightly speeding in the same scenario might be assigned only 10%. The bias is not legally justified, but it is real and your attorney must account for it.
How Your Attorney Protects Your Fault Percentage
Aggressive Investigation
Your lawyer investigates the crash to build the strongest possible case for the other driver’s negligence:
- Accident reconstruction that objectively determines speeds, positions, and timing
- Traffic camera footage showing the other driver’s violation
- Cell phone records showing the other driver was distracted
- Witness testimony supporting your version of events
- The other driver’s driving history showing a pattern of negligent behavior
Counter-Evidence
For every defense fault argument, your attorney prepares counter-evidence:
- Speed: accident reconstruction showing you were at or near the limit
- Helmet: expert testimony that a helmet would not have prevented the specific injury
- Lane position: evidence that your position was legal and reasonable
- Following distance: evidence that the vehicle ahead stopped suddenly and unexpectedly
- Experience: your riding history, training courses, and clean driving record
Expert Witnesses
Motorcycle-specific experts can educate a jury about how motorcycles work, what reasonable riding looks like, and why common assumptions about motorcycle riders are wrong. Experts include:
- Accident reconstruction specialists with motorcycle expertise
- Motorcycle safety instructors who can testify about standard riding practices
- Biomechanical engineers who understand motorcycle crash dynamics
- Human factors experts who can explain the “looked but did not see” phenomenon
Strategic Presentation
Your attorney presents your case in a way that keeps the focus on the other driver’s negligence rather than your riding. This includes:
- Leading with the other driver’s violation in opening statements
- Using video and photo evidence to show the crash from your perspective
- Humanizing you as a careful, responsible rider
- Countering bias through jury selection and presentation strategy
Protecting Your Fault Percentage from Day One
What you do immediately after the accident affects your fault percentage:
- Do not admit fault or apologize. “I’m sorry” or “I should have been going slower” will be used against you.
- Do not discuss your speed. Let the evidence determine speed. Do not estimate or speculate.
- Get the police report. Make sure it accurately documents the other driver’s violation.
- Preserve your motorcycle. Damage patterns prove how the crash happened.
- Do not post on social media. The defense monitors your accounts for anything that undermines your claim.
- Contact a lawyer immediately. The sooner your attorney is involved, the better your fault position is protected.
Call Phillips Law Offices at (312) 346-4262 or contact us online for a free consultation.