Drunk Driving Motorcycle Accidents
Motor Vehicle Collision Lawyers Representing Victims in Schaumburg and Wheaton
Driving under the influence of alcohol or drugs is a huge issue in every state across the country. Due to hazy vision, slower reaction times, and overall impaired judgment, drunk drivers pose a risk to everybody on the road and especially to motorcyclists, who do not have a steel cage protecting them as car occupants do. If you were hit by a drunk driver while riding your motorcycle, our Schaumburg and Wheaton motorcycle accident lawyers are here to help. We are steadfast in our commitment to getting victims the compensation and justice that they deserve after drunk driving motorcycle accidents.
Motorcycle Accident Statistics
Motorcycle riders are far more susceptible to injuries and death than other motorists. According to the Governors Highway Safety Association (GHSA), motorcyclist fatalities occur 28 times more frequently than fatalities of passenger vehicle occupants, based on miles traveled. GHSA data also reveal that, in Illinois, there were 154 motorcyclist fatalities in 2016 and 162 motorcyclist deaths in 2017, an increase of 5.2 percent.
Illinois DUI Laws
Every driver has a responsibility to drive in a cautious and sensible manner in order not to jeopardize the safety of other people on the road. Under Illinois law, a person can be charged with driving under the influence (DUI) when he or she operates an automobile with a blood alcohol content of 0.08 percent or greater. Drivers who choose to get behind the wheel while impaired by drugs or alcohol may face criminal charges as well as civil lawsuits brought by victims of an accident.
Suing for Drunk Driving Motorcycle Accidents in Illinois
If you have been injured in a drunk driving motorcycle accident in Schaumburg or Wheaton, you can likely pursue damages through a civil claim rooted in negligence. Negligence is a failure to use reasonable care while driving, thus causing a crash and resulting harm. Reasonable care is defined as the level of care that an ordinarily practical person would have used under the same or similar circumstances. To prove negligence, the plaintiff is required to show that the defendant’s failure to use reasonable care was a direct and proximate cause of his or her injuries and losses.
In some cases, individuals who have been injured by drunk drivers can establish fault even more easily than by proving ordinary negligence. DUI accidents typically fit under an Illinois rule known as “negligence per se,” which presumes negligence when an individual violates a law or statute and thus causes injuries to another person. In other words, to establish negligence per se, the plaintiff and their attorney do not need to establish the elements of negligence. Instead, it is enough to establish that the defendant was driving with a BAC of 0.08 percent or higher, and that this was a direct cause of the plaintiff’s harm.
Damages in Motorcycle Accident Cases
Once fault is established, the injured person can recover damages. In Illinois, a motorcycle accident victim can seek both economic and non-economic damages, including but not limited to medical costs, pain and suffering, lost wages, rehabilitation costs, and property damage. Each case is distinct, and the precise amount of compensation that an accident victim will be able to recover will differ depending on the nature and severity of the harm suffered.
Contact Our Diligent Motorcycle Accident Attorneys Today
If you were injured in a motorcycle accident caused by a drunk driver, you need to contact a seasoned attorney immediately. At Therman Law Offices, we are devoted to providing vigorous representation to each and every one of our clients. We understand the challenging road to recovery that motorcycle accident victims often face, and we will help you pursue the compensation that you need to move on with your life. We represent people in Wheaton, Schaumburg, Norwood Park, Edison Park, Harwood Heights, Norridge, Elmwood Park, Park Ridge, Des Plaines, Rosemont, Elk Grove Village, Mount Prospect, and other communities. To learn more about your legal rights and options, call us at 312-588-1900 or contact us online.