Whether you are driving in a city or in a residential community, you are likely to encounter intersections. These are where auto accidents are most likely to happen because of the many variables at play. While intersection accidents are always dangerous, motorcyclists who are involved in these accidents are particularly susceptible to injuries. If you have been hurt in a motorcycle accident that was not your fault, you need to consult a skilled Wheaton and Schaumburg motorcycle accident attorney without delay. At Therman Law Offices, we understand the stress and pain associated with a motorcycle accident, and we will work diligently to help you pursue the compensation that you need.Intersection Accidents Cause Significant Harm
A four-way intersection, also sometimes known as a crossroads, can be controlled or uncontrolled. Controlled intersections have traffic lights, yield signs, or stop signs to control traffic. Uncontrolled intersections have no signs or traffic lights. When a driver approaches this type of intersection, they must obey right-of-way rules.
Motorcyclists have the same rights as other drivers on the road, but they are often ignored or overlooked. According to the National Highway Traffic Safety Administration, approximately half of all motorcycle accidents take place at intersections. Data also show that an estimated three motorcycle deaths happen per day as a result of multi-vehicle accidents at intersections. The vast majority of these crashes involve a motorcycle and a larger vehicle, such as a truck or car. A 2009 report from the Insurance Institute for Highway Safety’s Highway Loss Data Institute analyzed data from fatal motorcycle accidents involving two vehicles, which revealed that 42 percent of these accidents took place when a vehicle turned left in front of the motorcyclist.
If you were hurt in a motorcycle accident at an intersection due to someone else’s negligence, you can likely pursue compensation from that negligent party. In other words, a driver who causes an accident due to carelessness behind the wheel may be legally responsible for any resulting harm. In Illinois, negligence can be shown by establishing that the at-fault driver failed to use the level of care and caution that a reasonably prudent driver would have used in the same situation, thereby causing the accident and the plaintiff’s resulting injuries. For instance, a reasonably prudent driver would not be excessively speeding through an intersection, understanding the risk of accidents associated with such behavior. Thus, a driver who hit a motorcyclist in this way would likely be liable.
Illinois law follows the doctrine of modified comparative negligence, which is a theory of comparative liability that holds a plaintiff accountable for their own share of fault, if any. Consider a situation in which a driver runs a red light at an intersection and hits your motorcycle, but you were speeding. In this case, it is possible that the defendant will claim that your speeding was a factor that made the motorcycle accident worse. If the jury determines that you were 30 percent at fault for speeding, your total damages will be reduced by that amount. As a result, if your original damages were $150,000, you will walk away with $105,000 (the total minus 30 percent). It is important to note, however, that if the plaintiff is deemed to be 50 percent or more at fault, they cannot prevail in a personal injury case at all.Contact a Motor Vehicle Collision Lawyer in Schaumburg or Wheaton
Even the most skilled motorcyclists can find themselves involved in dangerous, even deadly accidents. If you are a motorcyclist who has been injured in an intersection accident, our attorneys can help. At Therman Law Offices, we will work as your advocates to ensure that you are given the protection and respect that you deserve. You can rest assured that we will focus on the legal process so that you can focus on your recovery. We represent victims in cities such as Wheaton, Schaumburg, Norwood Park, Edison Park, Harwood Heights, Norridge, Elmwood Park, Park Ridge, Des Plaines, Rosemont, Elk Grove Village, and Mt. Prospect. To learn more, call our attorneys at 312-588-1900 or contact us online.