Road Rage Motorcycle Accidents
Driving responsibly requires exhibiting a level of care while operating a vehicle. Road rage, or aggressive driving, can lead to devastating harm for others on the road. Motorcyclists are at particular risk of injury from a motorcycle collision caused by a driver overcome by road rage. If you have been injured in a motorcycle crash caused by a negligent or reckless driver, we are here to assist. At Therman Law Offices, our seasoned Schaumburg and Wheaton motorcycle accident attorneys advocate for victims and their families.Legal Consequences of a Road Rage Motorcycle Accident
The National Highway Traffic Safety Administration states that aggressive driving takes place when an individual commits moving traffic offenses that endanger other people or property. Traveling above the speed limit or running a red light are examples of unsafe behavior, as is tailgating. When performed deliberately, with ill intention or a disregard for safety, driving conduct may be deemed aggressive.
Road rage is illegal under Illinois law. When a person drives a vehicle with willful or wanton disregard for the safety of others, they may be criminally charged with aggressive driving. If great bodily harm or permanent disfigurement or disability result, these defendants can be found guilty of aggravated reckless driving.Proving Negligence
In addition to being convicted of the crime of aggressive driving, drivers may face civil allegations of negligence from road rage motorcycle accident victims. A defendant’s conviction of aggressive driving may, in certain cases, be evidence of negligence per se. Negligence per se is a presumption of negligence that applies when a defendant breaks a particular law, and the victim is a member of the group that the violated law is intended to protect. An experienced injury lawyer can assess whether a negligence per se claim should be a part of your case.
Victims may also be able to prove a defendant driver’s liability under a general theory of negligence. All drivers must operate their vehicles as a reasonable person would in light of factors such as weather, traffic conditions, and construction zones on the road. In a negligence case, a key issue is whether the defendant’s conduct failed to conform to the level of care of a practical and ordinary person. A breached duty of care that leads to a crash and resulting harm will expose the driver to legal fault.
Reasonable care in the context of negligence may necessitate acting or refraining from certain behavior. Driving too closely, weaving through traffic, gesturing in anger, or yelling at another motorist are examples of aggressive driving. This type of conduct likely violates the duty of care because it exposes others to risk of harm. If this behavior directly causes an accident, the aggressive driver may be liable for all accident-related costs.
After proving that a breach of duty by the defendant caused their accident, the plaintiff will set forth their costs resulting from the crash. Injuries or fatalities that result from a road rage motorcycle accident can be severe. Brain damage, broken bones, and paralysis may be suffered by injured riders. Damages available to an injured party in a personal injury claim are intended to compensate them for costs including medical care, lost wages, and property damage. Non-monetary losses, such as pain and suffering, may also be recovered. If an aggressive driving motorcycle crash has led to the loss of a loved one, wrongful death damages may be available.
Modified comparative negligence may affect the success of a legal claim for compensation following a motorcycle crash. If a plaintiff victim is determined to have partially caused an accident, their damages award will be reduced by the amount of their fault. For example, if a jury that holds a motorcyclist’s speeding contributed 25 percent to the collision, they will recover 25 percent less than the full amount of damages.Skilled Attorneys for Motorcycle Accident Victims Schaumburg and Wheaton
Following a motorcycle collision caused by an aggressive driver, you have legal rights. The motorcycle accident lawyers at Therman Law Offices are committed to helping you pursue compensation that provides for your current and future needs. We assist people in communities throughout Schaumburg and Wheaton, as well as in Hanover Park, Bensenville, Wood Dale, Elgin, Bartlett, Roselle, Carol Stream, Bloomingdale, Villa Park, and Lombard. Call our office to gain an understanding of your options and legal obligations. We can be reached at 312-588-1900 or online.