Hit and Run Motorcycle Accidents
Hit and run accidents are common in Illinois and throughout the United States. Unfortunately, many drivers who hit a motorcycle end up leaving the scene of the accident. If you or a loved one has been a victim of a hit and run motorcycle accident, you may be entitled to compensation for your harm. At Therman Law Offices, our Schaumburg and Wheaton motorcycle accident attorneys are committed to helping you resolve your legal matter in an efficient and satisfying manner. Getting compensation in hit and run cases is not always easy, but we understand how to work through the complications that they may pose.Holding a Negligent Driver Accountable for Leaving the Scene
Unfortunately, hit and run motorcycle accidents are not uncommon. According to the National Highway Traffic and Safety Administration (NHTSA), there were 1,449 fatal hit and run crashes overall in 2011, for example. A hit and run accident occurs when one party to an accident flees the scene of the crash. When it comes to motorcycle accidents, this behavior can be especially devastating because the rider and any passenger may be left in life-threatening condition. In Illinois, an individual who is involved in a motor vehicle collision in which people are injured or property is damaged is required to stop at the scene of the crash to exchange information and call for help if necessary. In fact, leaving the scene of an accident in which an injury or death occurred is a criminal offense in the state of Illinois.
If you have been injured in a hit and run accident in which the at-fault driver fled the scene, you may still be able to recover damages through your own insurance company if the driver is not found. Typically, uninsured motorist or collision coverage will pay for injuries and property damage incurred through a hit and run accident, up to the limit covered by the policy. Generally, the plaintiff's attorney will be able to recover damages for medical bills, lost wages, rehabilitation costs, and other costs and losses arising from the accident.
If the driver responsible for the hit and run motorcycle accident is located, you will likely be able to recover damages through a negligence claim. Negligence occurs when a driver fails to use the level of care and caution that a reasonably prudent driver would use in the same situation. To establish negligence, the following points must be proven by a preponderance of the evidence: the defendant owed the plaintiff a duty of care; the defendant breached the duty owed to the plaintiff by fleeing the scene of the collision; and the defendant's breach was a direct cause of the plaintiff's property damage or bodily injury.
Claims for property damage or bodily injury must be filed within a certain time frame, known as the statute of limitations. In other words, the statute of limitations dictates the amount of time that you have to file your personal injury lawsuit in civil court. Under Illinois law, a plaintiff has two years from the date of the accident to file a claim. Failing to file a claim within this time frame could mean losing your right to compensation altogether. Thus, it is essential to work with an attorney who will be vigilant about timelines in your case.Contact a Knowledgeable Injury Lawyer in Schaumburg, Wheaton, or Surrounding Cities
If you were involved in a hit and run accident caused by the negligence of someone else, or you lost a loved one in a fatal motorcycle accident, you need to reach out to a skilled injury attorney who can help. At Therman Law Offices, we can evaluate your situation and guide you in the right direction. We understand that dealing with a motorcycle accident can be stressful, but we will handle your case with the utmost compassion. We are here to answer your questions and address your concerns throughout the entire legal process. We represent victims in areas such as Wheaton, Schaumburg, Lombard, Villa Park, Addison, Elmhurst, West Chicago, Lemont, Westmont, Oakbrook Terrace, Clarendon Hills, and Downers Grove. For more information, call us at 312-588-1900 or contact us online.