Collisions involving motorcycles are the most devastating traffic crashes that often result in catastrophic injuries or death. Nearly all injuries wreak havoc on the biker’s finances and their family/personal lives, even if the accident was caused by a negligent driver. In fact, the Chicago personal injury attorneys at Rosenfeld Injury Lawyers have handled many motorcycle accident cases where the victim had enormous ongoing medical expenses, lost time away from work, the loss of future earning power, extensive ongoing pain and suffering and damage to their motorcycle.
Nearly all motorcycle accident claims and lawsuits are filed in civil court under personal injury tort laws using the theory of negligence. The process requires the attorney to prove how other motorists or truckers sharing the roadway were responsible for the accident because of their failure to exercise a reasonable and prudent standard of care.
To successfully resolve the case for financial compensation, the lawyer is required to conduct a thorough investigation, gather evidence, obtain eyewitness accounts, review medical records and police reports providing information about the accident. A part of the investigation and case evaluation will determine if the other motorists involved in the accident followed Illinois traffic laws, drove appropriately and paid attention to the roadway and surroundings. It might be determined that the driver was operating their vehicle under the influence, driving distracted, or failed to follow the rules of the road.
Pursuing Compensation from Negligent Drivers
Obtaining compensation in a claim or lawsuit in a personal injury case requires more than just filing paperwork. Typically, the victim is required to show how the defendant (usually a motorist or trucker) was acting negligently, carelessly or recklessly, which led to the accident occurring. To prove negligence in the case, the injured victim is required to establish that the other motorists owed the motorcyclist a duty of care, such as providing a safe environment when sharing the roadway.
Showing how the driver was negligent usually requires proof that each motorist on the roadway must operate their vehicle using ordinary skill and care that every reasonable prudent driver would use if facing similar or identical circumstances.
Next, the injured motorcyclist will be required to show how the other motorists breach that duty and failed to exercise even the most minimal standard of care. This is usually accomplished by showing how the motorcycle is significantly smaller than the other trucks and cars that were sharing the roadway, and that the other motorist was likely driving distracted or was inattentive to notice the biker on the road.
The judge, jury or claims adjuster must agree that the motorist did not drive cautiously and carefully when passing the biker by avoiding driving close enough to cause the accident. Finally, the victim is required to prove how the breach caused by the motorist (defendant) at fault for the accident directly caused the biker’s injuries. In court, this means that the motorcyclists would not have suffered injuries, damages or losses if the motorist had been driving safely and reasonably under this conditions and circumstances at the time of the accident.
Motorcycle Rider Inexperience
Nearly all bikers involved in a vehicle accident face an uphill battle with claims adjusters and attorneys representing others involved in the accident. In many cases, an assumption is made of the motorcyclist inexperience of handling their bike was a leading cause of the accident. However, statistics prove that the vast majority of vehicle/motorcycle accidents are the result of motorists driving recklessly, distracted or under the influence. Many cases involve tailgating, attempting to pass the bike too closely, failing to share a lane, failing to yield the right-of-way or taking deliberate actions as a way to intimidate the biker.
Seeking Financial Compensation
Every motorcycle accident has an increased risk of serious injury or fatalities compared to truck or passenger vehicle accidents. Statistics by the National Highway Traffic Safety Administration (NHTSA) reveal that three out of every four motorcycle accidents involve collisions with other vehicles. These statistics also show that over the last decade, 3000 motorcycle fatalities and 70,000 injuries have been the result of an accident where the motorcyclist was not at fault for causing the collision.
Our Illinois motorcycle accident negligent driver attorneys have handled many cases on behalf of our clients seeking financial compensation to cover their injuries, damages and losses. As an advocate, we seek to recover:
- Medical bill payments
- Motorcycle replacement or repair
- Full compensation for all medical treatment, surgery, rehabilitation and therapy now and in the years ahead
- Full recovery of lost pay and the inability to generate income in the future due to injuries
- Recovery of mental anguish, emotional scars, pain and suffering caused by the injury
- Funeral expenses and burial costs involved in a wrongful motorcycle accident death
Hiring a Lawyer
Illinois insurance regulatory agencies and dishonest insurance companies often complicate the complex process of obtaining financial compensation for motorcyclists who have been injured or killed in a collision. Because of that, it is crucial that injured riders and passengers retain the skills of a competent attorney with years of experience in handling these types of claims.
The Illinois personal injury attorneys at Rosenfeld Injury Lawyers have a successful history of handling lawsuits and claims filed against defendants and their insurance companies. If you have been injured by a negligent driver we encourage you to contact our law offices today at (888) 424-5757 to schedule your no obligation, free consultation. We accept all negligent driver motorcycle accident cases through a contingency fee arrangement. So no upfront fees are required.