Motorcycles are an economical way to get around Chicago, and bikers may feel safe as long as their bikes are mechanically sound and they wear protective gear. Unfortunately, The Illinois Department of Transportation reports over one thousand motorcycle accidents in metro Chicago each year.
Motorists cause most of these wrecks due to acting irresponsibly. Collisions involving motorcycles almost always leave the biker with severe, sometimes fatal, injuries.
A seasoned personal injury attorney could help you with your case if you have been injured in a motorbike crash. Our Chicago motorcycle accident lawyers could guide you through the legal process to help you obtain compensation for your losses.
Motorcycle accidents can happen in a variety of ways. Some are very typical to most motor vehicle accidents, like a driver failing to pay attention, while others are unique to a motorcycle. Drivers might fail to see a motorcycle rider when they merge or speed up, or fail to appreciate the unique situation a motorcyclist is in. Because of the volume of traffic on the roads, it is much more dangerous to ride a motorcycle in Chicago as opposed to out in the rural counties.
Motorcycle accidents tend to result in much more serious injuries than typical accidents involving cars and trucks because there is limited protection for the rider. Their body experiences much stronger forces in a crash than someone who is injured in a passenger vehicle.
Motorcycles are much smaller than the surrounding vehicles on the road. Because of this, those who survive crashes can incur serious injuries, including:
Recuperating from devastating injuries takes time and money. The motorist who causes an accident should be held liable to compensate an injured biker for their physical, emotional, and financial losses. A Chicago attorney could help motorcyclists prove the types of damages they are owed in their collision case.
All motorists are held to a legal standard to act as a reasonable person would, such as following traffic laws and safety rules. For instance, speeding and driving under the influence would fall below the reasonable standard.
If a driver’s unacceptable acts are the foreseeable cause of an accident in which a biker is injured, negligence is established. This opens the door to a successful lawsuit. Talk to a motorcycle crash lawyer in Chicago to learn what compensation might be available.
In order to make a recovery for a motorcycle crash, you must first determine the cause of the accident, which must be predominantly the fault of the other driver. If the motorcycle driver is primarily at fault, then there can be no recovery. A police report is an important piece of evidence after a motorcycle crash that helps identify fault. Any witness statements or photographs can also be persuasive in determining how fault is attributed.
Motorcycle accidents in Chicago are subject to contributory negligence. This means that an accident may be partially the fault of the motorcycle rider, and as long as the other driver is more than 50% at fault, the injured motorcyclist can still make a recovery. However, under contributory negligence, the settlement recovery will be diminished by the percentage of contributory negligence. If an accident is 30% the fault of the motorcyclist and 70% the fault of the other vehicle, any damages awarded to the motorcycle rider would be reduced by 30%.
In order to obtain a motorcycle driver’s license, one must complete a training course, as well as pass a specific test. It is extremely important to remember all of your training while you are riding a motorcycle and exercise extra caution, as other vehicles on the road may not be aware of the particular danger that a motorcycle presents.
Anyone using the public roadways is required to abide by the rules of the road, including motorcyclists. These vehicles do have certain rules and regulations particular to them which riders must follow. Failure to act reasonably will be considered negligence if an accident occurs.
If a motorcycle rider fails to obey a traffic regulation, a police officer has the authority to issue a ticket for the infraction, which could also be used against them in a civil suit for injuries. When a motorcycle rider receives a ticket, it then goes through the court system like any other traffic violation.
Although it is not required to wear a helmet while riding a motorcycle in Chicago, it is always advisable to take such safety precautions when riding. Not only does it reduce the risk of a brain injury, the lack of a helmet can also be used against the rider when it comes to contributory negligence.
Insurance companies are in business to earn profits for shareholders, not to pay generous settlements to injured motorcyclists. A hardworking attorney could negotiate with insurers to prove that a motorist is at fault for injuring their client and demand a fair and comprehensive settlement.
The statute of limitations is the period of time Illinois gives plaintiffs to file a civil action for compensation from a negligent party. Illinois Compiled Statutes, § 735 ILCS 5/13-202 allows two years to file from the date of a motorcycle wreck. Some exceptions apply, including if the accident involves:
Similarly, if an escrow account is established in the defendant’s name under the Criminal Victims’ Escrow Account Act, the plaintiff has two years from the date the account is set up to bring an action for compensation.
These laws are complex and missing a filing deadline can prevent a motorcyclist from seeking restitution. An injured biker could enlist the help of a Chicago motorcycle crash lawyer who could file all documentation and evidence on time.
Motorcycle accidents must be treated differently than typical motor vehicle accidents. Not only are the injuries typically more serious, but the way in which the accident occurs can also be subject to disputes. For this reason, it is very important to hire an experienced motorcycle accident lawyer based in Chicago. Investigating how an accident occurred and documenting the nature and extent of the injuries are tasks which a lawyer will assist in order to make the best possible recovery.
Call our firm today to schedule a consultation with our team. A Chicago motorcycle accident lawyer is standing by to help you.
