Motorcycle Crashes Near Driveways
Attorneys Helping Motor Vehicle Collision Victims in Wheaton and Schaumburg
Motorcycle crashes can cause devastating, even fatal injuries. Often, motorcycle accidents take place near driveways, where a driver may be carelessly backing out or where a rider may be turning into a driveway. If you have suffered harm in a motorcycle crash near a driveway, you need to reach out to our knowledgeable Wheaton and Schaumburg motorcycle accident attorneys without delay. At Therman Law Offices, we are committed to providing skilled legal representation to victims throughout the entire legal process. You can rest assured that we will get you the compensation that you are legally allowed to receive for your harm.
Holding Drivers Accountable for Motorcycle Crashes Near Driveways
Anyone driving onto a roadway from a driveway or making a turn onto a driveway is supposed to do so carefully in order not to cause an accident. Unfortunately, this does not always happen. Many times, motorcycle accidents happen near driveways because individuals fail to check for traffic before pulling out onto the street or miscalculate how much time they have to get in front of a motorcyclist. In other cases, drivers may simply pull in or out of a driveway even though they cannot see around their vehicle properly, due to shrubs or other objects restricting their view. Even if a driver collides with a motorcycle at a low speed, the chances of the rider being thrown off his or her bike are significant.
In many accidents involving motorcycles, the driver will claim that they did not see the motorcycle. However, this is not an excuse because all drivers have a duty to drive using reasonable care, which includes the obligation to keep a lookout for other vehicles and pedestrians. If your motorcycle accident was caused by another individual’s recklessness, you can likely seek damages through a negligence claim. Negligence occurs when a party causes an injury or death by failing to use reasonable care. Reasonable care is defined as how a prudent or sensible person would act in the same or similar circumstances.
In some instances, a motorcyclist may be partially to blame for the accident and the resulting injuries. Illinois follows the doctrine of modified comparative negligence, in which fault is relatively apportioned among all parties to an accident. As a result, a plaintiff’s recovery will be reduced by his or her percentage of fault as long as his or her degree of fault does not exceed 49 percent. Put another way, if the plaintiff is 50 percent or more at fault for their injuries, they will be barred from seeking compensation altogether. For instance, if a motorcyclist’s headlights are not on, a driver may not be able to see the motorcycle and may end up hitting it. In such a scenario, a judge or jury may find that the motorcyclist was 30 percent at fault for the accident, which means that the plaintiff will take home 70 percent of his or her total award (100 percent of the award minus the plaintiff’s 30 percent of fault).
When a car collides with a motorcycle, the car driver usually gets away with minor or no injuries, while the motorcycle rider is at risk of suffering devastating injuries, such as paralysis, broken bones, brain trauma, spinal cord injuries, and even death. Illinois law allows victims of motorcycle crashes to recover damages, including medical expenses, pain and suffering, lost wages, and disability. Each case is different, and the exact compensation that you will be entitled to receive will depend on the nature and extent of your injuries.
Contact an Experienced Motorcycle Crash Attorney Near Wheaton or Schaumburg
If you have been injured in a motorcycle accident near a driveway, you may be entitled to compensation for your harm. At Therman Law Offices, our attorneys know how to protect victims’ rights in complex motorcycle and bicycle accident claims. We are here to answer your questions throughout the legal journey. Our firm represents people in cities such as Schaumburg, Wheaton, West Chicago, Lemont, Westmont, Oakbrook Terrace, Clarendon Hills, Downers Grove, Lisle, Darien, and Bolingbrook. For a free consultation with an attorney, you can call us at 312-588-1900 or contact us online.