Motorcycle Accidents Caused by Tailgating
Lawyers Assisting Injured Clients Throughout Schaumburg and Wheaton
Driving too closely behind the rear of another vehicle, known as tailgating, is a major cause of accidents throughout Cook County and surrounding areas. Motorcycle accidents caused by tailgating, even a minor fender-bender, can have life-threatening consequences. Often, these accidents could have been avoided if the driver had exhibited more cautious, reasonable behavior. Motorcyclists injured in tailgating accidents can explore their legal options with the Wheaton and Schaumburg motorcycle accident attorneys at Therman Law Offices. We understand the uncertainty and stress following a collision and offer legal representation that strives to secure you the monetary compensation you deserve.
Proving Fault and Recovering Damages After Motorcycle Accidents Caused by Tailgating
Driving is a privilege, and motorists are expected to obey traffic laws and appropriately react to changing driving conditions. Tailgating is against Illinois law, and is often a consequence of drivers becoming impatient or aggressive on the road. When another driver follows too closely behind another vehicle, it can lead to a rear-end crash. The speed of the vehicles involved in a motorcycle tailgating crash dictates the degree of damage. Motorcyclist riders are exposed, and their vulnerability atop their vehicle can lead to debilitating injury including whiplash, broken bones, and spine injuries, among other harm.
Motorcyclist accident victims may hold a driver legally responsible for negligent or aggressive conduct that causes a crash. Aggressive driving occurs when a vehicle is operated in a manner that endangers others, such as speeding or tailgating. Violating a traffic law can support an injury claim for negligence, however it is typically required the plaintiff show more evidence supporting all elements of a negligence claim. These elements include duty, breach, causation, and damages.
As a motorist, motorcycle riders have the same rights and duties as other drivers. Drivers exhibiting reasonable care will not tailgate a motorcyclist or other vehicle, particularly since it is against the law. An injured motorcyclist serving as the plaintiff in an injury claim will be required to establish that a reasonably careful driver would not tailgate in circumstances similar to those surrounding the accident. If the plaintiff can show that the driver’s conduct directly caused the crash, and their injuries, the driver will most likely be held liable.
After successfully establishing the defendant’s negligence, an injured motorcyclist will calculate their damages and assert all expenses related to the collision. It is important to note that compensation extends to past costs for medical care and property damage as well as anticipated future costs, such as ongoing rehabilitation or therapy services. Missed wages from work due to accident-incurred injuries should be included in a damages claim as well as emotional pain and suffering. In the event of a fatality from a tailgating accident, an experienced attorney can help assert a wrongful death claim.
Modified Comparative Negligence
As a defense in a personal injury lawsuits following motorcycle accidents caused by tailgating, the defendant may argue that the motorcyclist is partly to blame for the collision. If modified comparative negligence applies, it may reduce the amount of damages the plaintiff recovers, according to their fault. This legal doctrine holds that fault is relatively apportioned among parties in a lawsuit. For example, if the defendant asserts that the motorcyclist was weaving in traffic, and the jury determines that the motorcyclist contributed to the crash 40% through their conduct, their recovery will be reduced by this percentage of fault. If they are held to be more than 50% at fault, the plaintiff will not recover any damages in their personal injury case.
Reach out to an Attorney in Wheaton or Schaumburg
Drivers that cause a crash by tailgating may be responsible for resulting harm. If you or someone close to you was injured in a motorcycle tailgating collision, the lawyers at Therman Law Offices can help. We will investigate the details of your claim and build a strong defense, working toward a positive outcome in your case. Our clients reside in cities such as Wheaton, Schaumburg, Elk Grove Village, Hoffman Estates, Arlington Heights, Mt. Prospect, Streamwood, Hanover Park, Bartlett, Bensenville, Elgin, and Wood Dale. To schedule a complimentary consultation, call our office at 773-545-8849 or reach us online.