Motorcycle accidents are often the most serious automobile accidents; the injuries suffered are usually severe and in many cases fatal.
A motorcycle offers no protection to its riders and there is no cushion when the motorcycle comes in contact with another motor vehicle. Motorcycle lawsuits often result in high awards as the awards are based on the extent of the injuries suffered in the accident. There are some points that one should know about motorcycle accidents and the resulting lawsuits.
Automobiles Are the Largest Cause of Motorcycle Accidents
As many as 75% of motorcycle accidents are caused by automobiles. It is difficult for a motor vehicle driver to spot a motorcyclist on the road, and most motorcycle crashes are the fault of the automobile driver and not of the motorcyclist.
Motorcycle Accidents Involving Negligence
Illinois state law requires anyone who drives a vehicle, including an automobile and a motorcycle, to use reasonable care while on the road. They must drive sensibly and cautiously, follow traffic signs, not run stop signs, and obey posted speed limits. If a driver fails to do so, it may amount to negligence. Most motorcycle accident lawsuits are based on the theory of negligence, for example, the plaintiff alledges that the other driver did not exercise due care not to cause injury to someone else on the road. The plaintiff also needs to prove that the other driver’s negligence caused him or her injury.
Passengers May File a Lawsuit Against a Motorcyclist
In some cases a motorcyclist is the negligent party and injuries can result if the motorcyclist fails to exercise due care while operating the motorcycle. A motorcyclist may ride aggressively or recklessly, may cut off a vehicle too closely, wave in and out of traffic, or turn at high speed. If an accident is caused by the negligence of a motorcyclist, any passengers who are injured may file a lawsuit against the motorcyclist.
Illinois Statute of Limitations for Personal Injury
Each state has a statute of limitations for personal injury lawsuits and this applies to motorcycle accident lawsuits as well. In Chicago, a personal injury lawsuit must be filed within two years of discovering the injury. It is compulsory to file the lawsuit within the set time limit or your legal rights to obtain damages may be jeopardized.
Chicago Motorcycle Accident Attorney
Motorcycle accidents may become quite complicated, and it is not always easy to prove negligence and receive the claims that you deserve. Contact a Chicago motorcycle accident lawyer from Willens Law Offices for a free consultation.