Broken Bones in Motorcycle Accidents
The physical impact of a motorcycle accident can lead to long-term consequences for many, such as the ability to work and perform daily activities. Psychologically, injured riders often endure trauma and emotional pain. If you have suffered a fracture, expenses associated with broken bones in motorcycle accidents can be high, including the cost of treatment by emergency technicians, surgeons, and physical therapists. When the negligence of another person causes a motorcycle accident, victims have the right to file a legal claim for compensation. At Therman Law Offices, our Wheaton and Schaumburg motorcycle accident lawyers are here to investigate and assert a claim on your behalf. Our clients appreciate our efficient and compassionate representation, as well as our ability to minimize client stress while addressing concerns. For more than thirty-five years of combined experience, our attorneys have represented the rights of motorcycle accident victims and their loved ones.Broken Bones in Motorcycle Accidents
Broken bone injuries in a motorcycle accident can involve serious fractures and shattering of bones. Riders that strike the pavement or another vehicle may break their arms or legs, a common injury location. The pain associated with broken bones in motorcycle accidents can be intense, and depending on the fracture, victims may be exposed to life-long complications. By holding a negligent party legally accountable for broken bone injuries, victims have the right to monetary compensation that helps to alleviate the financial strain following a crash.
Filing a negligence claim after a motorcycle accident is appropriate when the defendant’s unreasonable conduct caused a collision that led to injury. Careless or unreasonable conduct is examined by assessing what an ordinary person would do, or not do, under similar circumstances. The plaintiff has the burden to prove all elements of negligence: duty, breach, causation, and damages. A successful negligence claim following a motorcycle crash will make clear that in breaching their duty of care to the plaintiff victim, the defendant’s conduct directly caused harm.
Regarding a duty of care, all motorists are required to use caution and to operate their vehicle in a way that avoids causing foreseeable harm. A violation or a breach of this duty can take different forms. Some drivers ignore safety rules, failing to yield properly before turning left before oncoming traffic, for example. If the defendant driver’s conduct does not meet the level of care of a reasonable person, it may be held negligent.
A successful negligence claim is a way for motorcycle riders to recoup their costs associated with a crash. Accident victims suffering broken bones may be unable to work, and incapacitated for an extended period of time. These damages include both economic and non-economic losses. Examples of economic loss include emergency medical costs, ongoing medical treatment and physical therapy as well as psychological counseling. Broken bones can affect one’s ability to return to work, and when an accident victim misses work due to their injuries, missed work wages can be recouped. It is more challenging to calculate non-economic losses, such as emotional pain and suffering. However, a skilled attorney can assist in calculating the impact of the accident upon an individual’s quality of life.Comparative Liability
Illinois is a modified comparative negligence state. Determining liability for an accident requires assessing what percentage of fault, or liability, each party holds for the crash. The percentage of liability is critical to determining the amount of money the victim is entitled to. Motorcyclists may face allegations that they were speeding, or that they contributed to the accident in some way. Provided that their portion of fault is below 50 percent, they will be able to recover damages in the personal injury claim.Retain an Attorney in Wheaton or Schaumburg
Experienced riders can still be struck and injured by motorists. If you have suffered broken bones or other injuries in a motorcycle accident, consult a lawyer at Therman Law Offices. Our attorneys represent accident victims in cities including Wheaton, Schaumburg, Hoffman Estates, Streamwood, Hanover Park, Bensenville, Elgin, Wood Dale, Bloomingdale, Bartlett, Roselle, as well as Glendale Heights and Carol Stream. To understand more about your claim, contact our office by calling 773-545-8849 or reach us online.