Illinois offers excellent scenery for motorcycle riders, with beautiful scenery and warm spring and summer months. However, the vulnerability of motorcyclists due to the size and nature of riding a motorcycle means that in the event of an accident, riders are susceptible to devastating injuries. After suffering harm in a motorcycle accident, victims are entitled to set forth a valid legal claim for compensation. At Therman Law Offices, our Schaumburg and Wheaton motorcycle accident attorneys rely on more than three decades of combined experience advocating for injured victims. In developing a strategy that addresses the specifics of your motorcycle accident, our goal is to offer compassionate and effective legal representation.Motorcyclists Injured in Broadside Collisions May Pursue Compensation
Motorcycle riders are afforded the right, according to Illinois law, to file a personal injury claim for damages following a vehicle collision caused by another person’s negligence. To prove negligence, the plaintiff in a lawsuit must demonstrate the defendant owed them a legal duty, including the duty to maintain proper lookout for other vehicles while driving, and that the defendant breached this duty of care. If this breach caused an accident and led to the plaintiff’s injuries, costs related to accident may be recovered.
Broadside collisions involving a motorcyclist are those crashes that occur when the front of one vehicle strikes another in the side. Motorcyclists are particularly susceptible to serious harm when a car or truck driver pulls their vehicle into the motorcyclists' path. The motorcyclist may run into the truck or car, striking them in the side. Or, the car driver may strike the motorcyclist in their side. Both vehicles involved in a broadside collision typically have extensive property damage.Negligence Claims
All drivers are required to obey traffic signals, and to avoid causing foreseeable harm to others on the road. This duty may be breached in a broadside collision accident when a driver engages in risky or careless behavior. Running a red light, failing to properly check for oncoming vehicles, and texting behind the wheel are examples of careless and even reckless conduct. In a personal injury claim brought by an injured motorcyclist following a crash, there must be evidence of a breached duty of care for a negligence claim to be successful.
Additionally, the defendant's conduct must have directly led to the accident. This element of a negligence claim serves to ensure that there were no other, intervening causes that led to the plaintiff's injuries and harm. If the accident would not have occurred “but for” the defendant’s conduct, this is strong evidence of causation. A knowledgeable motorcycle accident lawyer can assess whether the facts of your case may fulfill the causation element of a negligence claim.
As the final element of a negligence claim, the plaintiff sets forth their damages. Compensation sought by a plaintiff motorcyclists includes damages that relate to all forms of harm suffered, from physical harm to emotional pain and suffering. Injuries suffered in a broadside collision tend to be severe, and can include brain trauma, fractures, spinal cord damage, and road rash.
In the event that a motorcyclist is fatally injured, their family or personal representative may be entitled to pursue a wrongful death claim on their behalf. This type of claim will seek to secure damages on behalf of the deceased, including medical costs incurred prior to death, burial expenses, and emotional suffering endured by the deceased.
The principle of modified comparative negligence applies to negligence claims filed in Illinois. This doctrine dictates that fault must be apportioned to each party to the claim. A plaintiff’s total damages award is then reduced by the degree of fault. However, a plaintiff determined to be 50 percent or more at fault will be barred from recovering any damages.Attorneys for Schaumburg or Wheaton Motorcycle Accident Victims
Filing a claim for compensation after suffering injuries in a motorcycle broadside collision provides a way to alleviate the often overwhelming costs associated with an accident. When crash victims suffer serious injuries or death, their hospital costs and ongoing medical needs should be covered by the at-fault party. At Therman Law Offices, our goal is to assert your legal rights in a prompt, honest manner. As motorcycle accident lawyers, we help victims in cities such as Villa Park, Lombard, Elmhurst, Addison, Lemont, and West Chicago, as well as Clarendon Hills, Oakbrook Terrace, and Downers Grove. To learn more about the details of your specific claim, please call our office at 312-588-1900 or complete our online form.