Neck Injuries in Motorcycle Accidents
Attorneys Advocating for Riders in Wheaton and Schaumburg
Motorcycle accidents are notoriously dangerous and traumatic. Serious crashes can leave injured victims unable to work and care for themselves. Neck injuries in motorcycle accidents may also lead to paralysis and a need for lifelong medical care. If you or someone close to you has been injured, call the Wheaton and Schaumburg motorcycle accident lawyers at Therman Law Offices to schedule a consultation. We understand that each motorcycle accident claim is different, and some pose more complex legal questions. We bring more than three decades of combined experience and are here to compassionately guide you through the process of seeking compensation to assist you in your recovery.
Drivers May Be Liable for Neck Injuries in Motorcycle Accidents
After a motorcycle accident, victims or their representatives may file a legal claim for damages. As the plaintiff in the lawsuit, they assert a legal theory of fault. Successful plaintiffs are entitled to recover monetary compensation for all costs related to the motorcycle accident.
Motorcycle crashes may be the result of driver negligence when people do not use reasonable care while operating their vehicle. Drivers are obligated to act as a reasonable and prudent driver would under the same circumstances by avoiding actions that may cause harm. By engaging in reckless or dangerous conduct, motorists can place people at risk of injury.
First, a plaintiff must show that the defendant breached a duty of care. A driver may breach the duty of care by running a red light or getting behind the wheel while intoxicated. Opening a car door without checking to ensure that no motorcyclists may be harmed may also be deemed negligent. In this example, a reasonable person would understand that opening a door poses a risk to people on a bicycle or motorcycle traveling adjacent to the car. Plaintiffs alleging that defendants breached their duty of care must set forth supporting evidence, typically in the form of witness testimony, police reports, and photographs from the scene of the accident.
Next, the plaintiff must show that the defendant’s breached duty of care directly caused the crash. The element of causation is important because it links the defendant to the victim’s harm. This is known as the “but for” element of negligence because the accident would not have occurred “but for” the defendant’s actions. An example may be “but for” the defendant running a red light through an intersection, the motorcyclist would not have been struck and injured.
Damages in a Motorcycle Neck Injury Accident
Regarding damages, the final element of a negligence claim, motorcycle accidents are different from other vehicle crashes because the rider tends to suffer severe injuries. Catastrophic neck injuries in motorcycle accidents can result in particularly high damages, especially when a rider is paralyzed will require continued medical care and assistance for life. Damages include economic and non-economic components. If the victim is unable to return to work due to severe injuries, they may claim past, present and future lost wages. Medical fees, including future medical procedures and rehabilitation can be included in a damages claim.
Non-economic costs such as pain and suffering are important to include in a damages assessment. Often, injured motorcyclists endure a reduced ability to enjoy life as they cannot engage in hobbies and activities they formerly enjoyed. While these types of damages are more challenging to quantify, they are significant.
Statute of Limitations for Civil Claims Following a Motorcycle Accident
The Illinois statute of limitations limits the time within which a civil claim may be filed in court. Plaintiffs typically have two years from the date of the accident to bring their claim for personal injuries, and five years from the date of the motorcycle accident to file a claim for property damage. A plaintiff who does not file before this time limit may lose the legal right to pursue a claim. At Therman Law Offices, our experienced attorneys recognize that statute of limitations and other procedural rules can impact your right to pursue a personal injury claim following a motorcycle accident.
Receive Guidance and Help from Motorcycle Crash Lawyers in Schaumburg and Wheaton
By working with the experienced attorneys at Therman Law Offices, motorcyclists receive compassionate and effective legal representation. Our office assists people in Schaumburg and Wheaton, as well as surrounding areas of Elmhurst, West Chicago, Westmont, Lemont, Oakbrook Terrace, Downers Grove and Clarendon Hills, and Lisle, Bolingbrook, and Darien. To discuss the details of your case, call us at 312-588-1900 or reach us online.