Why Comparative Fault Matters for Illinois Motorcyclists

Last updated Friday, May 22nd, 2026

If you are involved in a motorcycle accident in Illinois and suffer injuries, determining who was at fault will be one of the first legal issues you face. It may seem academic; however, it will have a direct effect on whether you can obtain compensation and, if so, how much. 

Illinois utilizes a “modified comparative negligence” approach. In a modified comparative negligence system, fault is apportioned among all individuals involved in a collision, and your damages will be decreased by the percentage of fault attributed to you. However, if the amount of fault attributed to you is 50% or greater, you will be entitled to no compensation whatsoever.

Motorcycle riders experience a significant disadvantage in terms of comparative fault. As a result of being physically exposed while riding, a motorcycle accident that would cause serious injury or death to a passenger(s), and potentially total a vehicle, could severely injure or kill the motorcycle operator. Additionally, due to negative stereotypes about motorcycle operators, the motorcycle operator is often assumed to have acted recklessly during the collision, regardless of the circumstances.

As such, it is wise for motorcycle riders to understand comparative fault systems prior to needing them.

Understanding Comparative Fault Systems

There are different methods that states utilize in order to assign liability in accidents. The most commonly utilized methods include:

Pure Comparative Negligence: Pure Comparative Negligence permits an individual to recover damages regardless of their level of fault. For example, if an individual is 90% at fault for causing an automobile accident, he/she can still recover 10% of his/her damages. California and New York are two examples of states that utilize this method.

Modified Comparative Negligence (the 50% Bar): Modified Comparative Negligence allows an individual to recover damages only if he/she has less than 50% fault for the occurrence of the accident. If an individual has 50% or greater fault for the occurrence of the accident, he/she will not be able to recover any damages. Illinois is one of several states that utilize this method.

Modified Comparative Negligence (the 51% Bar): The Modified Comparative Negligence method provides for an identical analysis; however, the threshold for being able to recover damages is increased to 51%. Texas and Colorado are two examples of states that utilize this method. As compared to Illinois’ method, this method provides slightly more protection for claimants.

Contributory Negligence: Contributory Negligence is the strictest form of comparative fault and is utilized in only five jurisdictions within the United States. Alabama and Maryland are two examples of jurisdictions that provide for Contributory Negligence. Pursuant to this methodology, an individual will not be permitted to recover any damages if he/she is found to have been at least 1% negligent.

A Summary Comparison:

System	Jurisdiction	Can Recover Damages?	Key Rule
Pure Comparative Negligence	California, Florida, and New York, etc.	Yes, always	Damages are reduced proportionally to the claimant’s % of fault
Modified Comparative (50% Bar)	Illinois	Only if the claimant’s percentage of fault is less than 50%	50% cutoff
Modified Comparative (51% Bar)	Texas, Colorado, etc.	Only if the claimant’s percentage of fault is 51% or lower	51% cutoff
Contributory Negligence	Maryland, Virginia, North Carolina, D.C.	Only if the claimant had 0% fault.	Fault of any degree bars recovery

Illinois falls somewhere in the middle of comparative fault methodologies. Illinois does allow for the recovery of damages by a plaintiff; however, in order to avoid having the plaintiff’s recovery reduced, the plaintiff must demonstrate a percentage of fault less than 50%.

Illinois Statute Regarding Comparative Fault (735 ILCS 5/2-1116)

Statutes regarding comparative fault exist throughout the country. The applicable statute regarding comparative fault in Illinois personal injury cases is Section 2-1116 of Title 735, Chapter 5 of the Illinois Compiled Statutes (ILCS). Illinois Statute Section 2-1116 governs comparative fault in Illinois personal injury cases with respect to motorcycle accident claims.

Pursuant to Section 2-1116, a judge or jury assigns a percentage of fault to each participant in a collision. When an injured motorcycle operator seeks compensation under Section 2-1116, the court or jury will consider both what the defendant did wrong and what the motorcycle operator did wrong. Each participant will bear a percentage of responsibility based on their respective faults. The plaintiff’s damages will then be reduced by their respective percentage of fault.

To illustrate this concept, assume a jury awards a total award of $150,000 to an injured motorcycle operator. Also, assume that the jury assigns twenty percent of the fault to the motorcycle operator. Twenty percent of $150,000 equals $30,000. Therefore, the motorcycle operator will be awarded $120,000 ($150,000 – $30,000). Now, assume that the jury assigns forty-nine percent of the fault to the motorcycle operator. Forty-nine percent of $150,000 equals $73,500. Therefore, the motorcycle operator will be awarded $76,500 ($150,000 – $73,500). Finally, assume that the jury assigns fifty percent of the fault to the motorcycle operator. Fifty percent of $150,000 equals $75,000. Since the motorcycle operator bears more than fifty percent of the fault for the collision, he/she will receive no award.

Jurors do not merely guess at the percentage of fault assigned to each party. Rather, jurors evaluate all available evidence and apply it to their findings regarding reasonable care standards applied to similarly situated persons.

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Determining Liability Through Evidence in Motorcycle Accidents

Documentation and Evidence Collection

Assignments of liability through comparative fault do not occur randomly. Rather, assignments occur as a product of documentation collected immediately after a collision occurs. Furthermore, the quality and quantity of documentation collected greatly impact the likelihood of prevailing in a lawsuit.

Typically, police reports represent the first source of information relative to determining liability in collisions. Police reports contain officers’ assessments regarding what occurred during a collision. Reports also detail road conditions surrounding a collision site and depict vehicles present at the time of a collision. While police reports are generally reliable sources of information, they are not without error. Officer observations may be made after a prolonged period following a collision. Moreover, an officer may not know all relevant details regarding a collision. An experienced attorney can dispute inaccurate content contained within a police report.

Witnesses who observed collisions are another valuable source of evidence. Witnesses are particularly useful if they possess no interest in favoring either side of litigation.

Video recordings from traffic cameras located near intersection sites may be very helpful when proving liability for collisions occurring at these locations. Video recordings from security cameras installed at adjacent businesses may also prove beneficial.

Increasingly popular helmet-mounted and motorcycle-dash-mounted video recording devices enable riders to document collisions occurring around them.

In addition to visual evidence collected from videos recorded immediately preceding a collision, physical evidence collected from a collision location (e.g., skid marks along roadway surfaces, debris fields created when vehicles collide, final rest position of vehicles, etc.) can aid accident reconstruction specialists in determining vehicle speeds prior to impact and reconstructing sequences of events leading up to impact.

Newer models of motorcycles equipped with electronic data recorders create digital records of pre-collision activities (speeds, braking activity, etc.). Smartphone applications tracking routes taken by motorcycle operators can also serve as documentary evidence supporting claims against defendants involved in collisions with motorcycle operators

Motorcycle Crashes and Insurance Issues

Factors affecting how Fault is determined (or allocated) in a motorcycle accident include:

• Speeding
• Riding position/lane usage
• Use of turn signals
• Traffic violation(s)
• Weather/road conditions
• Alcohol/drug involvement
• Vehicle/motorcycle failure due to mechanical issues.
• Time reaction and/or ability to avoid an accident.

Prejudice Against Motorcyclists

It is clear that there is prejudice against motorcyclists in personal injury lawsuits. Many jurors and insurance adjusters have a preconceived notion that motorcyclists ride recklessly. This can skew how a percentage of Fault will be assigned based upon the facts of the case.

Some defensive strategies that help combat this prejudice include:

• Using visible safety equipment such as reflective vests;
• Adhering to posted speed limits;
• Properly utilize signal lights when changing direction or turning.
  Avoiding lane changes that could appear aggressive. 
• Documenting safe riding practices through the use of helmet cameras, dash cams, etc., can provide evidence to contradict allegations of reckless riding.

Challenges for Motorcycle Riders in Illinois

Helmet Use and Liability

In Illinois, there is no helmet law for adults. Therefore, a helmet-wearing Motorcyclist has the legal right to choose not to wear a helmet. However, if the Motorcyclist chooses to ride without a helmet, it can create problems with a personal injury lawsuit.

In a situation where a Motorcyclist is not wearing a helmet and suffers head trauma during an accident, insurance companies will often attempt to prove that the decision not to wear a helmet increased the severity of the injury. While this may not be successful in every case, depending on the extent of the injury and how the evidence is presented, it can be a difficult hurdle for the Motorcyclist to overcome.

Therefore, while it is not mandatory for adult motorcyclists to wear helmets in Illinois, the most prudent course of action would be to always wear a helmet and full protective gear. In addition to being safer for the Motorcyclist, wearing protective gear eliminates one possible defense for the insurance company.

Lane Positioning and Filtering

Lane splitting or filtering (riding between cars in traffic) is prohibited in Illinois. Lane splitting can make it seem like the Motorcyclist is trying to pass vehicles too aggressively. Also, improper lane positioning is a contributing factor in many motorcycle accidents.

If an insurance company can successfully argue that the Motorcyclist was engaging in lane splitting/filtering at the time of the accident, they will likely argue that the Motorcyclist bore partial responsibility for causing the accident.

Road Hazards and Government Liability

Many motorcycle accidents occur because of hazards on the roadway, such as holes, sand, gravel, poor signage, etc. When a hazardous condition on the roadway contributes to an accident, local governments may be liable for damage caused to the Motorcyclist.

However, filing suit against a local government entity in Illinois is different than suing private parties. To file suit against a city or county in Illinois, you typically need to submit a notice of claim within six months from the date of loss. Failing to do so waives your rights to seek compensation from the government for injuries sustained.

If you believe a hazardous road condition contributed to your motorcycle accident, notify your attorney immediately so that a timely notice can be given to the government agency involved.

Defective Products

There are times when motorcycles fail. Defects in parts such as brake pads, tire treads, etc., can result in or contribute to motorcycle accidents. If a product defect is identified as a contributor to an accident, then the manufacturer/distributor of that Defective part may be held partially responsible.

Claiming product liability against manufacturers can shift some of the liability from the Motorcyclist to the company responsible for creating and selling a Defective product. Preserving the damaged motorcycle and Defective parts is essential evidence for these types of cases.

Therefore, in addition to seeking medical attention quickly after an accident, it is wise for motorcyclists to contact an attorney immediately and allow him/her to preserve evidence related to their motorcycle and any damaged components.

How Comparative Negligence Affects Damages

To illustrate how comparative negligence affects awards to injured victims in motorcycle accidents, we present three examples:

Example #1 – Rider Speeds, Driver Turns Across Traffic

The driver made an illegal left turn into the path of a motorcyclist who was exceeding 10mph over the speed limit. The motorcyclist is seriously injured. The jury assigns 80% fault to the driver and 20% to the motorcyclist. Total award = $100k. Motorcyclist gets $80k.

Example #2 – Rider Followed All Traffic Rules, Distracted Driver Caused the Accident

Motorcyclist follows all traffic rules and rides safely until distracted. The driver runs a stop sign and hits a bike. The judge assigns 100% fault to the driver. Award = $200k. Motorcyclist gets the entire amount awarded.

Example #3 – Rider Not Wearing Helmet Suffers Brain Injury

An unhelmeted motorcyclist was hit from behind by a driver who ran a red light. Rider suffers a traumatic brain injury. Jury finds Driver 85% at fault; rider 15% at Fault (for not wearing a helmet). Award = $500k. Rider gets $425k.

As stated above, since the rider received less than 50% of fault, he is entitled to receive his fair share of damages ($425k); however, the fact that he did not wear a helmet reduced his damages by $75k

Insurers and comparative fault are likely to play a big role after your motorcycle wreck. When the other driver’s insurance investigators look into your motorcycle wreck, their number one goal is to make sure you don’t get paid very much. One of the best ways they can do this is by putting as much blame as possible on you.

Insurance Companies and Comparative Fault

Insurance investigators are experienced people who work with claims every single day. As such, they know exactly how to word their questions so you provide the type of information they need to later cite against you. So, when you tell them “I did not see him,” or “I may have gone a little too fast,” there is a good chance those exact phrases will wind up in an investigator’s report as proof of your fault.

Here are a couple of key takeaways that you should consider when working with insurers:

When talking to someone else about your motorcycle wreck, do not admit to any fault – even if you are using an apologetic tone or saying it in passing. A simple “Sorry this happened” while you’re still trying to process what happened could be interpreted as an admission of fault.

Before providing a recorded statement to the insurance company representing the person who hit you, consider discussing your situation with an attorney. There is no requirement to provide a recorded statement to the other party’s insurance company.

Have your attorney communicate with the other parties’ insurance companies. That way, you avoid possibly saying something that can negatively impact your case.

Regarding your own insurance: if the driver who crashed into you has no insurance or very little insurance, then your Uninsured Motorist/Underinsured Motorist (UM/UIM) coverage would be very important. Even though UM/UIM coverage protects you from drivers who have either no insurance or insufficient insurance, the rules regarding comparative fault would still apply. Therefore, documenting fault matters equally whether you’re fighting with the other driver’s insurer or your own.

Frequently Asked Questions

Is my lack of helmet usage going to hurt me? 

You had the right to choose not to wear a helmet in Illinois. Insurers often try to show that since you chose not to wear a helmet, your injuries would have been different – especially if you sustained head and/or neck injuries. Your ability to recover damages may be affected by the fact that your injuries could have been worse due to the absence of a helmet. While this does not necessarily mean that you cannot recover anything, it may affect the amount that you can recover. This really comes down to what type of injuries you incurred.

Can I sue for damages based on the road condition that caused my motorcycle crash?

Potentially yes. If you believe that a pothole, defective roadway marking(s), or some other maintenance issue made the roads hazardous and therefore contributed to your motorcycle crash, then you may also be able to sue the governmental body (city or county, etc.) responsible for maintaining that particular stretch of roadway. Claims brought against governmental entities require specific procedures and notices in Illinois. For example, if a governmental entity is responsible for a portion of the roadway where you were injured, you have a limited time period in which to submit a written Notice of Claim. Speak immediately with an attorney if you believe that your motorcycle crash occurred as a result of a public road or public vehicle being involved.

How long do I have to file a lawsuit after my motorcycle crash?

Generally, you have two years from the date of the motorcycle crash to file a lawsuit. Additionally, if you plan on filing suit against a governmental entity, you will first need to submit a written Notice of Claim, and the deadlines for doing so vary greatly depending on the governmental body. Do not delay contacting an attorney if you believe that either a governmental agency or vehicle may have contributed to your motorcycle crash.

Do passengers fall under the same comparative fault standards as riders?

In reality, passengers are almost never held liable in motorcycle wrecks because they usually have no control over the operation of the motorcycle. However, if a passenger encourages the rider to operate his bike erratically, speeding, etc., he/she may be able to potentially contribute to reducing the damages available to the passenger in connection with the accident. In practice, however, this is rare.

Follow the Proper Protocol Following a Wreck

While Illinois’ modified comparative negligence standard provides injured motorcyclists with a viable means to obtain reasonable compensation for injuries sustained in a motorcycle wreck, injured parties must first establish proper documentation of fault and articulate that fault. A 50% or lower designation of fault is not merely a statutory requirement; it is the difference between recovering fairly for one’s losses versus receiving nothing.

The law clearly states that if another party was responsible for part of the damage done during your motorcycle wreck, you probably have a claim. Always ride safely, document all aspects of any motorcycle collisions, and never allow an insurance representative to persuade you that you bear more responsibility than you actually do for causing the motorcycle wreck.

Motorcycle Safety Lawyers are here to assist injured motorcyclists throughout Illinois. We provide complimentary consultations and represent riders who fully comprehend what is at stake. Please call us today to discuss your situation.