Seeking Compensation After a Motorcycle Accident

 Posted on April 22, 2019 in Motorcycle Accidents

On April 13, a motorcyclist was fatally injured after being struck by a motor vehicle in the Westlawn area of Chicago’s Southwest side. The motorcyclist was rushed to Christ Medical Center in Oak Lawn but ultimately died due to multiple injuries. For motorcyclists in the greater Chicago area, the accident was a startling reminder of the increased risks that motorcyclists face. 

Here in the state of Illinois, 154 motorcyclists suffered fatal accident injuries in 2016, while hundreds more were injured or hospitalized. To secure maximum financial compensation after you or a loved one were injured in a motorcycle accident, it is critical to seek skilled legal assistance immediately.

Securing Injury Compensation 

While motorcycling can be an enjoyable and exciting way to travel, the injury risks are significant. During a recent 12-month measurement, more than 88,000 Americans suffered injuries in motorcycle accidents. Of those injured, 4,976 ultimately died, marking an 8 percent increase in fatalities from the previous year. Below we will examine the steps you and your attorney need to take in order to get the injury compensation your family deserves.

Proving Responsibility

After being injured in a motor vehicle collision, you need to establish what ultimately caused the accident. In order to recover injury compensation, you must prove that the other party was negligent and responsible for the collision. The most common instances of negligence that lead to motorcycle accidents come in the form of driver inattention. Whether a driver fails to signal as they change lanes or does not check their blind spots or side mirrors, cutting off a motorcyclist can ultimately constitute responsibility for an accident. If a driver is talking on their cell phone or texting while driving and fails to notice a motorcyclist, they would be liable for the accident. 

Discussing Comparative Negligence

In order to provide your attorney with the tools they need to win your personal injury case, it is important to have an open dialogue regarding the details of the collision. If you were at all negligent in the accident, the other party’s legal team may argue that you do not deserve full injury compensation, this is known as comparative negligence. In a motorcycle accident, an example of this may be if you were struck by a driver that was under the influence of alcohol, but you were also riding over the legal speed limit. If you were able to secure a $100,000 injury claim, but the judge or jury ultimately determine you were 30 percent responsible for the accident, you would only take home $70,000. 

Examining Your Total Damages

Once you and your attorney believe you have sufficient grounds to file a personal injury claim, you need to determine how much injury compensation you will look to secure. This can be done through a thorough examination of the total costs of the accident. First, you should look at the total cost of the vehicular damage suffered in the collision. After this, you need to examine the expenses of injuries suffered. When factoring the financial impact of an initial hospital visit, physical therapy sessions, and total loss of work hours, your family may be entitled to significant injury compensation. If you or a loved one suffer motorcycle injuries that ultimately impact your quality of life or ability to work (traumatic brain injuries or injuries to the spinal cord), it is critical to secure financial assistance that will ensure your family has a healthy financial future moving forward. 

Contact a Waukegan Motorcycle Accident Lawyer 

The medical costs of a motorcycle collision can be substantial and long-lasting. At Salvi and Maher, LLC, we understand the financial stress that medical expenses and loss of work hours can put on a family. We are dedicated to getting our clients secure the financial compensation they deserve in the aftermath of a motor vehicle collision. To schedule a free initial consultation with an experienced Lake County personal injury attorney, contact us today at 847-662-3303. 

Sources: 

https://chicago.suntimes.com/news/man-fatally-struck-motorcycle-west-lawn-pulaski/

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812353

http://www.idot.illinois.gov/Assets/uploads/files/Transportation-System/Resources/Safety/Crash-Reports/crash-facts/2016%20Crash%20Facts.pdf

http://www.illinoiscourts.gov/circuitcourt/civiljuryinstructions/10.00.pdf