Head Injuries in Motorcycle Accidents
While a motorcycle lacks the crashworthiness of an automobile, riders gain agility and maneuverability. This appeal also contributes to the exposed nature of the rider. While motorcyclists are encouraged to drive defensively, their visibility is a challenge for other motorists. Our tough Wheaton or Schaumburg motorcycle accident lawyers are prepared to help you recover the compensation you deserve from a negligent driver that caused a crash. We effectively handle serious motorcycle accidents, including those causing severe head injuries and even death. Whether your case goes to trial or requires mediation, Therman Law Offices has the skill and experience to pursue maximum compensation on your behalf.Establishing Fault for Head Injuries Suffered in Morotcycle Accidents
Motorcyclists who wear a helmet are helping to protect their skull from the force of impact caused in a crash. While wearing a helmet helps to absorb some of the force of the accident, riders may nevertheless suffer severe harm. Illinois does not require that riders wear a helmet, although it does require riders to wear eye protection. As an important safety device, a helmet provides a hard outer shell the motorcyclist wears in order to distribute the impact they would absorb upon a crash. Injured individuals who failed to wear a helmet may still be eligible to recover damages through a personal injury claim after an accident.
Illinois law provides that those responsible for causing a motorcycle crash may be legally required to pay for all resulting harm. One theory of recovery is negligence. Negligence can take the form of acting in a careless or unreasonable manner, or failing to act appropriately. When a driver fails to use the level of care that a reasonable driver would use under similar circumstances and causes injuries, they can be held liable. The motorcycle rider sets forth evidence in their injury lawsuit that shows the other driver’s breached duty of care directly caused the crash. As the last step of their negligence claim, they set forth their damages. A seasoned motorcycle accident lawyer can help you gather and present all relevant evidence in support of your arguments.
In many situations, drivers do not see motorcyclists, and may turn directly into the bike. According to the National Highway Traffic Safety Administration, about one-third of motorcycle accidents are due to motorists turning onto the path of the motorcycle. Crashes are particularly common at intersections.Damages in Motorcycle Accident Cases
Suffering any form of injury in a motorcycle accident can be life-altering, however, head injury victims typically require ongoing future medical treatment. Head injuries sustained in motorcycle accidents can lead to paralysis or loss of function. When victims require medical treatment for head injuries caused in a motorcycle crash, it is important to assess all potential future costs.
The damages that may be recovered by motorcycle riders and their passengers after an accident provide for medical care as well as emotional harm. Lost income arising from missed work due to injuries can be recovered, as can costs for future medical treatment. In severe cases, medical experts can testify regarding expected future care.Comparative Negligence
Illinois does not maintain a helmet law, so a rider will not be presumed negligent for failing to do so. However, the defense may claim that the injured motorcyclist could have further prevented their injuries had they been wearing a helmet. According to the state’s modified comparative negligence theory of law, a plaintiff's recovery is diminished in accordance with their degree of fault. If a judge or jury finds that the rider is partly at fault for their accident, their damages will be reduced accordingly.Schaumburg and Wheaton Lawyers for Motorcycle Accident Claims
If another driver’s negligence caused you head injuries in a motorcycle accident in Wheaton or Schaumburg, our office can help you understand your legal rights. The experienced motorcycle accident attorneys at Therman Law Offices can provide you with effective and aggressive legal advocacy. We are proud to assist Cook County residents, including those in Arlington Heights, Hoffman Estates, Bartlett, Streamwood, Elgin, Hanover Park, Bloomingdale, Bensenville, Wood Dale, Carol Stream, and Roselle. To reach our office and schedule your free consultation, we can be contacted by phone at 312-588-1900 or through our online form.