Each year in the United States, more than 80,000 individuals suffer injuries from motorcycle accidents according to the National Highway Traffic Safety Association. Because of the lack of protection a motorcycle provides, the injuries riders sustain are often catastrophic and even fatal. However, motorcyclists may have options for medical bill coverage after their accident if it was caused by another’s negligence. If you or a loved one experienced such an incident, you may be able to recover compensation with the help of an Oak Lawn motorcycle accident lawyer. When filing for compensation in Oak Lawn, one must first be aware of several statutes and laws that are operative in Oak Lawn. Read on to learn more about how a dedicated personal injury attorney could offer you their assistance today.
In exchange for the right to use public roads and streets, drivers must follow the traffic laws and take all possible steps to protect others. Even though motorcycle riders make a choice to place themselves in a vulnerable position, this does nothing to change the fact that other drivers must avoid causing harm. Bikers have the same rights as all other travelers to obtain the right of way and to expect respect from others. A driver who is at-fault for an accident is liable for providing compensation to any injured party, regardless of that party’s chosen mode of transportation. A skilled Oak Lawn motorcycle accident attorney could provide more information about the concept of duty in motorcycle accident claims.
The statute of limitations for personal injury lawsuits, such as claims involving injuries sustained in motorcycle accidents, is two years in Oak Lawn. This means that any claim must be filed within two years of the initial incident, or the claimant may lose the right to bring the claim to court.
Choosing to ride a motorcycle places people in a vulnerable position. Even riders who make the responsible decision to obey traffic laws, wear a helmet, and ride with appropriate caution may still suffer severe injuries.
Almost any physical injury is sufficient to merit a claim. However, typical examples of injuries include broken bones, separated joints, severe cuts, friction burns from sliding on pavement, spinal cord damage, and traumatic brain injuries (TBI). A defendant who is at-fault for an accident that results in these injuries is liable to provide compensation, even through a motorcyclist accepts the general risks that come with riding a bike. A motorcycle accident attorney in Oak Lawn could help to link a physical injury to a defendant’s negligence.
Additionally, Oak Lawn uses a theory of comparative negligence or comparative fault. This means that the compensation an individual recovers can be proportional to their stake in the fault of the accident. If someone is involved in a motorcycle accident and the court determined they were 30% at fault for causing the collision, their recoverable damages would be decreased by 30%. This is true for any claim in which the claimant is less than 50% at fault for causing the incident. If the claimant more than 50% at fault, the individual may not be able to recover any damages.
The purpose of a motorcycle accident claim is to collect the compensation necessary to place the rider in the same position that they would have been had the incident never occurred. From a practical standpoint, this is impossible. However, a comprehensive claim will evaluate the rider’s losses and demand appropriate payments from defendants.
The core of the case will be payments to cover medical expenses. In addition, a case should evaluate how an accident has affected a biker’s quality of life. Many injuries are extremely painful and can have a lasting effect on a person’s emotional health. Finally, claims should demand payments for lost earnings. Whether a rider misses a few shifts to make their recovery or suffers a permanent injury, defendants are liable to provide proper compensation. An experienced Oak Lawn motorcycle accident attorney could help to measure a person’s losses and to pursue claims for proper payments.
As a city in an at-fault state, Oak Lawn has numerous compensation options for those injured in motorcycle accidents. The individual can file claims with their own auto insurance company as well as with the opposing driver’s auto insurance company. In addition, those injured in a motorcycle accident in Oak Lawn can go to court to seek damages. When negotiating settlements, going to court is often a bargaining chip to make the opposing insurance company’s offer more palatable to the injured party. However, sometimes insurance companies refuse to provide just compensation and it becomes necessary to go to court.
It is important to contact a local Oak Lawn motorcycle accident lawyer to assist with these claims because court cases and settlement negotiations are often very complex. If you or a loved one suffered an injury in a motorcycle accident, you may be entitled to extensive compensation from the opposing insurance company. Because a lawyer will be well-acquainted with the local court system, they could offer you guidance through the legal process so you will know what to expect. Be sure to seek out a reliable Oak Lawn motorcycle accident lawyer as soon possible to begin your claims process within the two-year statute of limitations.
By: Juli G
Title: Made me feel at ease
I had a great experience with them. They were helpful and made me feel at ease with my case. I would recommend this firm to anyone looking for a great firm.