In the State of Illinois, there are about 303,000 licensed motorcyclists. With so many riders on the street, it is inevitable for an accident to occur. When an accident occurs, injured motorcyclists may be eligible to recover compensation from the party responsible for their injuries.
If you or a loved one were injured in a crash due to the negligent actions of another, an Evergreen Park motorcycle accident lawyer could advocate on your behalf and help you seek justice in court. Following an accident, it is best to seek help from a dedicated personal injury attorney who could help you file your claim, gather evidence, and prove your case to help you recover compensation.
In order to recover compensation for damages and injuries, the injured claimant’s attorney must prove several elements. They must show that the defendant owed the plaintiff a duty of care. Then they must show how the defendant fell below the required standard of care and as a result caused an accident to occur. The Illinois Vehicle Code itemizes the duties that operators of cars and trucks owe motorcycles rider while in transit. Finally, the accident must have also caused the plaintiff injuries and damages.
Under 625 ILCS 5/11-503, motorists may not operate a vehicle with a willful disregard for the safety of bikers traveling on the same road. This may be considered reckless driving. Additionally, drivers making a left turn must do so from the left lane. One purpose for this rule is so that motorcyclists traveling in the left lane are not cut off and harmed by an automobile driver motorist turning from the right.
In general, motorcyclists are entrusted with many of the same responsibilities as other motorists on the road. Failure to comply with the rules of the road, may place liability on the bike rider.
In many personal injury lawsuits, the opposing party may attempt to place all or a portion of the blame on the plaintiff. The State of Illinois follows a modified comparative negligence rule. Under 735 ILCS 5/2-1116, if the court finds that the injured rider was less than than 51 percent at fault for the accident, they may still be eligible to recover compensation. If the plaintiff is over 51 percent liable for the accident, they may be barred from recovering any compensation from the other party. A skilled motorcycle accident lawyer in Evergreen Park could gather evidence to help fight against claims of shared negligence.
Depending on the type and severity of the injury, injured claimants may be eligible to recover compensation for all of their damages. With the help of a diligent attorney, injured motorists may be eligible to recover compensation for damages such as:
In a cause of action for personal injuries sustained in a motorcycle accident, riders may also sue for property damage. If the helmet or the bike itself was damaged during the collision, the courts may provide a means of recovery for repair or replacement.
In the aftermath of an accident, you may be unsure of what to do next. Recovering from injuries and trying to balance your finances due to time off of work could be difficult to handle. Individuals who have been injured in a bike crash due to the negligent actions of another should seek help from a dedicated Evergreen Park motorcycle accident lawyer to discuss your next steps. You may be eligible to recover compensation for your injuries and damages.
Call today to schedule a consultation.