Motorcyclists Injured by Drugged Drivers
Accident Lawyers for Riders in the Wheaton and Schaumburg Areas
Similar to drunk driving, drugged driving accidents can lead to catastrophic harm, and in the case of a victim motorcyclist, cause debilitating injuries and even death. If you have been hurt in a collision caused by a driver impaired by drugs, you have the right to pursue compensation for your injuries and suffering. The dedicated Schaumburg and Wheaton motorcycle accident attorneys at Therman Law Offices can examine all potential avenues of fault in your case and seek to advance your legal rights. Our priority is to set forth a strong claim to pursue all damages resulting from your crash, including the emotional, financial, and property damage you have suffered. We bring over 35 years of combined legal experience to our representation of our clients, and are here to fight for the compensation to which you may be entitled.
Drugged Driving Motorcycle Crashes
The prevalence of over-the-counter or prescription drug use among drivers is high, with the National Highway Traffic Safety Administration’s National Roadside Survey indicating that over 22% of drivers tested positive for drugs in 2017. Illinois law prohibits drugged driving, making it a crime for an individual to drive or be in control of a vehicle while under the influence of drugs to the extent that they cannot safely drive. Drugs or medications that lead to dizziness, fatigue, or poor balance can negatively affect the ability of a driver to respond to roadside hazards and conditions, and to safely operate their vehicles. Choosing to do drugs and operate a vehicle is dangerous, and can result in life-altering ramifications for others on the road.
A motorcyclist injured by a drugged driver has the right to file a legal claim for compensation. Negligence forms the basis of many personal injury claims, and is appropriate when a driver has caused injury by failing to exhibit the level of care a reasonable person would use in the same or similar circumstances. When operating a vehicle, drivers owe others on the road the duty to avoid causing foreseeable harm. A breached duty of care may be shown by setting forth evidence that the defendant was impaired by drugs to the point they could not safely operate their vehicle. If this breach led to an accident and injuries, the victim can be entitled to damages.
Negligence Per Se
Motorcyclists injured by a drugged driver may be able to establish fault without proving ordinary negligence. Under the negligence per se rule in Illinois, negligence will be presumed when a person violates a law and harms someone who was intended to be protected by that law. Under these circumstances, the injured plaintiff would have to show that the defendant was driving while drugged, and that this directly caused their injuries. Violation of a DUI law or another vehicle code section regarding drugged driving can potentially support a negligence per se claim. A seasoned motorcycle accident lawyer can assess whether this type of claim would be appropriate in your case.
Illinois law follows the doctrine of modified comparative negligence. This means that in a personal injury case, fault can be relatively apportioned between the parties. This means that a plaintiff motorcyclist who is deemed to have partly caused a crash will have their damages award reduced by their percentage of fault. If a plaintiff is deemed to be more than 50 percent at fault for an accident, they will not recover any damages.
Damages Available to Motorcyclists Injured by Drugged Drivers
The type of compensation that an injured rider may recover after demonstrating the fault of the defendant includes both economic and non-economic damages. These damages can include amounts for things like medical expenses, rehabilitation costs, lost wages, property damage, and the anticipated cost of future health care. Available non-economic damages can include amounts for pain and suffering and a decreased quality of life.
If a drugged driver causes an accident that fatally injures a motorcyclist, the victim’s surviving family members may be able to pursue wrongful death damages. These include costs for medical care prior to the death, as well as burial costs and loss of earnings.
Experienced Motorcycle Accident Attorneys in Schaumburg and Wheaton
If you are a motorcyclist injured by a drugged driver, the lawyers at Therman Law Offices can provide the representation you need to pursue compensation for your harm. Throughout the course of your representation, we will answer your questions and provide legal guidance that helps you to understand your rights and options. We represent people in communities including Schaumburg and Wheaton, as well as Edison Park, Harwood Heights, Norwood Park, Norridge, Park Ridge, Elmwood Park, Des Plaines, Elk Grove Village, Rosemont, and Mt. Prospect. To reach our office and learn more about your legal rights, call us at 312-588-1900 or contact us online.