Yes. If you were riding as a passenger on a motorcycle in Illinois and were injured in an accident, you have the right to file a personal injury claim. In fact, passengers are often in a better legal position than the rider because they typically bear no responsibility for what caused the crash. You weren’t operating the vehicle, so it’s difficult for anyone to argue you were at fault.
The more important question is who you file your claim against, and that depends on the circumstances of the accident. Continue reading to learn more about when you can file a motorcycle accident claim in Chicago as a passenger in Illinois.
Whom Can I File a Claim Against?
As a motorcycle passenger, there may be more than one party responsible for your injuries. The liable party depends on how the accident happened.
For example, if the motorcycle operator caused the crash through their own negligence, you can file a claim directly against them. This remains true even if the rider is a friend or family member. Your right to compensation doesn’t disappear because of your personal relationship with the at-fault party.
If another motorist caused the accident, such as a driver who failed to yield the right of way, your Chicago motor vehicle claim would be directed at that driver and their insurance carrier.
In some cases, both the motorcycle rider and another driver share fault for the collision. When that happens, you may be able to pursue claims against both parties. Illinois law allows you to seek compensation from each at-fault party based on their respective share of responsibility.
How Does Illinois Comparative Negligence Affect Passengers?
Illinois follows a modified comparative negligence standard. Under this law, a person’s compensation is reduced by their percentage of fault, and anyone found more than 50% responsible is barred from recovering anything.
For motorcycle passengers, this rule rarely presents a problem. Since you weren’t controlling the vehicle, it’s hard for the defense to assign you meaningful fault. There are limited exceptions, such as if you distracted the rider in a way that contributed to the crash. However, in most situations, passengers have a clear path to full compensation.
What Kinds of Compensation Can I Pursue in a Motorcycle Accident Case?
As an injured motorcycle passenger, you can pursue the same categories of damages available to any personal injury victim in Illinois.
Economic damages cover your financial losses, such as:
- Medical bills
- Future treatment costs
- Lost wages
- Rehabilitation expenses
- Out-of-pocket costs
Non-economic damages address the personal impact of your injuries, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
In rare cases that go to trial and that involve egregious misconduct, punitive damages might also be awarded to punish the responsible party.
Schedule a Free Consultation With Meyers & Flowers After a Motorcycle Accident
If you were injured as a motorcycle passenger, don’t hesitate to explore your legal options. These claims can involve multiple at-fault parties and overlapping insurance policies, making them more complex than they initially appear.
An experienced Illinois motorcycle accident attorney with Meyers & Flowers can sort through the details and pursue the maximum compensation available to you from there. Reach out today at (630) 793-0834 for a free consultation.