With minimal protective gear to absorb the brutal impact of a crash with a vehicle, motorcyclists often sustain some of the most serious injuries a vehicle accident can produce. There may be legal remedies available if you are injured in a motorcycle crash you did not cause.
If you were seriously injured in a motorcycle crash due to the recklessness of another driver, a dedicated Will County motorcycle accident lawyer may be able to pursue compensation through a personal injury claim on your behalf. An experienced injury attorney could assess your case and determine the best course of action.
Establishing the Defendent’s Liability
To be eligible for financial recovery, an injured plaintiff must establish that the driver who caused the crash was negligent or acted recklessly. In many cases, the motorcyclist is not at fault for the accident. Drivers of other vehicles may have failed to notice them in their side or rear-view mirror, or they may have seen them but not given them the space on the road they are entitled to.
Under Illinois law, when the negligence of another person causes a motorcycle accident, the negligent party may be held liable for any injuries or damages sustained as a result of the accident. Liability may be contested by the defendant, though, so the plaintiff may need to prove that the other party’s negligence caused the accident. Negligence may occur when a person or entity fails to use the degree of care that an otherwise prudent person would use under similar circumstances.
Apart from another driver’s negligence, motorcycle accidents may be the result of defective motorcycle parts or products. If a design flaw or defectively manufactured motorcycle parts was the reason the plaintiff suffered injuries, the plaintiff may hold the manufacturer or supplier liable for their injuries with the help of a motorcycle accident lawyer in Will County.
Deadlines for Filing a Lawsuit
A statute of limitations defines the time period in which a plaintiff must file a civil claim or lawsuit in court. These laws help to avoid situations where the alleged at-fault party suffers under the indefinite threat of a lawsuit being filed against them and also helps ensure that evidence used in a case is more readily available.
Under 735 ILCS 5/13-202, anyone injured in a motorcycle accident could have two years from the date the injuries are discovered to file a lawsuit against the at-fault party for injuries suffered from the accident. In many cases, this would be the day of the motorcycle accident, but there may be exceptions that a plaintiff and a Will County motorcycle accident lawyer could go over with more specificity.
Damages a Plaintiff Could Gain
When a driver’s negligence or reckless behavior causes an accident, be it a motorcycle accident or car accident, the injured person may be compensated for their injuries. Monetary compensation for a motorcycle crash may include payment of the following:
- Lost wages
- Past and future medical costs
- Property damage
- Pain, suffering, and emotional distress
- Disability or disfigurement
The family of a person killed in a motorcycle accident or who later dies from injuries related to the collision could pursue damages under the Illinois Wrongful Death Act. This act could allow for the recovery of damages for the financial and emotional support that the deceased person provided.
Consulting with a Will County Motorcycle Accident Attorney
The aftermath of a serious motorcycle accident could be terrifying and overwhelming. If you suffered an injury as a result of the negligence of another driver, you may be eligible to pursue monetary recovery.
An accomplished Will County motorcycle accident lawyer could aggressively fight to pursue the compensation to which you may be entitled. Call today to find out how one could do so for you.