When you are out enjoying the fresh air and open road by motorcycle, it is easy to forget that there are threats all around you. According to the Illinois Department of Transportation, there were 154 motorcyclists killed in traffic accidents and another 3,635 hurt in collisions in the state in 2016. Motorcycle accident victims suffer devastating losses, physically, financially, and emotionally.
If you are hurt in a motorcycle crash, you may be entitled to seek compensation from the responsible party. Motorcycle accident claims can be complicated, and you put your rights on the line if you try to go it alone against powerful insurance companies. Please contact Glasgow & Olsson today to set up a consultation with an experienced motorcycle accident attorney to ensure that you have the best chance of obtaining the compensation you deserve.
Illinois Law Protects Victims of Motorcycle Accidents
As the victim of a motorcycle crash, you do have rights under Illinois law. Enforcing them requires you to show that the other driver was careless or reckless. In legal terms, this concept is “negligence” and it requires you to prove four essential elements to recover compensation:
- You must establish that the other motorist had a duty to drive safely, an obligation that applies to everyone operating a vehicle on Illinois roadways;
- You need to show that the responsible driver breached this duty through unsafe misconduct;
- You need to prove that the breach of duty was a direct cause of the injury-causing motorcycle accident; and,
- You must present evidence of the losses you suffer because of your injuries.
How Motorcycle Accidents Happen
Though negligence is the root cause of most motorcycle collisions, there are many types of conduct that constitute negligence and cause these incidents. Examples include:
- Texting, surfing the internet, using the phone while behind the wheel, and other forms of distracted driving;
- Driving while intoxicated or under the influence of drugs;
- Failure to yield;
- Improper lane changes;
- Taking curves too quickly;
- Failing to slow down for weather conditions; and,
- Many more.
Seek Compensation for Your Losses
Once you prove the essential elements of negligence, you may be entitled to such damages as medical costs, lost wages, pain and suffering, emotional distress, and many more. Your first step in recovering compensation is filing a claim with the insurance company that provides coverage for the responsible motorist. Insurers are business that will do all they can to protect their profits, so they do not have your best interests in mind. An experienced motorcycle accident lawyer will protect your interests in negotiations with an insurance company.
If you cannot resolve your claim with the insurance company, it may be necessary to file a civil lawsuit in court. Litigation is highly complex if you do not have a legal background, so it is essential to retain qualified legal counsel to help fight for your rights.
Consult with an Illinois Personal Injury Lawyers Regarding Your Legal Options
For more information on motorcycle accidents and your remedies as an injured victim, please contact Glasgow & Olsson to set up a consultation. You can reach our Schaumburg office by calling 847-577-8700 or going online to learn more about our personal injury legal services.