Motorcycle Accidents Caused by Limited Visibility
Many people love the thrill of riding a motorcycle. However, motorcycle riders face many risks, since they do not have the protection of a steel cage around them as people in traditional cars do. When other drivers fail to see or recognize motorcycles on the road, it can lead to devastating or fatal consequences. If you or someone close to you has been involved in a motorcycle accident caused by limited visibility, you need to consult a seasoned Wheaton or Schaumburg motorcycle accident attorney to investigate your case. At Therman Law Offices, we can help you navigate the legal process as efficiently and effectively as possible.Pursuing Compensation for a Motorcycle Accident Caused by Limited Visibility
A limited visibility motorcycle crash takes place when a driver of a larger vehicle fails to see or yield to a motorcycle. Due to a motorcycle’s small size, even the slightest distraction on the part of a driver can lead to a serious accident. Unfortunately, motorcycle accidents caused by limited visibility are quite common. The National Highway Traffic Safety Administration found that limited visibility was the reason for 38 percent of all fatal motorcycle accidents in 2011. The Illinois Department of Transportation advises motorcyclists to make themselves as conspicuous as possible by wearing reflective stickers and clothing.
Limited visibility accidents are often caused by the negligence of drivers of larger vehicles on the road. These drivers may be under the influence of drugs or alcohol, checking a text, talking on the phone, fiddling with the GPS, failing to check blind spots, or driving too fast, among other things. When a driver’s recklessness or carelessness causes a motorcycle accident resulting in injuries, the injured party will likely be able to recover damages through a negligence claim. In the context of limited visibility accidents, negligence occurs when a driver causes an accident and injuries by failing to use the level of care that another driver of ordinary prudence would have used under the same or similar circumstances.
Establishing negligence requires your attorney to collect a variety of types of evidence for your case, often including physical evidence from the scene, witness statements, and proof of financial costs, such as medical expenses and property damage receipts. It is important to note that the burden of proof in these cases is on the plaintiff, who must establish his or her case by a preponderance of the evidence.
In many cases, the driver will blame the motorcyclist for causing or contributing to the accident. Under the Illinois doctrine of comparative negligence, your damages could be decreased by your amount of fault in a given situation. This simply means that if you contributed to the accident to a certain degree under 50 percent, such as 30 percent, your total damages will be reduced by that amount. For example, if your total damages were $100,000, you will go home with $70,000. However, if you were 50 percent or more at fault for the accident, you will be barred from recovering compensation altogether.
Like every other state, Illinois imposes a time limit in which a personal injury claim must be filed, known as the statute of limitations. An injured rider or motorcycle passenger has two years from the date of the accident to file a claim in civil court for personal injury and five years to file a claim for property damage. Failing to file a lawsuit within this time could mean losing your right to take legal action.Explore Your Claim with an Injury Lawyer in Wheaton or Schaumburg
If you were injured or a loved one was killed due to a motorcycle accident caused by limited visibility, you may be entitled to compensation for your harm. At Therman Law Offices, our attorneys can meticulously analyze the facts of your case and help you determine your options. While we aim to settle each case, we will prepare to vigorously advocate for your rights at trial if necessary. We proudly represent people in cities such as Schaumburg, Wheaton, Addison, Elmhurst, West Chicago, Lemont, Westmont, Oakbrook, Terrace, Clarendon Hills, Downers Grove, and Lisle. For more information, call us at 312-588-1900 or contact us online.