We all know that traveling can be dangerous, but some of the most severe accidents in Illinois are those that involve motorcycles. Because motorcycles do not have the safety features that a car has, these accidents often result in more severe injuries. According to the Illinois Department of Transportation, there have been 118 motorcycle fatalities so far in 2018.
The laws for driving a motorcycle are almost identical to those of a vehicle, and so are the laws surrounding how accidents are handled when a motorcycle is involved. Just like other accidents, the person who sustains injuries in an accident is most likely to attempt to get compensation for those injuries from the driver who caused the accident. In some situations, however, the lawsuit may be against the municipality in which the crash occurred or the manufacturer of the motorcycle if part of it was defective.
In a situation in which another driver was at fault, it will be the injured party’s responsibility to prove negligence. To prove negligence, the victim will need to show these four things:
The negligent driver had the duty to use reasonable care in order to keep from harming the other driver. This is almost always the case with anyone sharing the road with other people.
If the victim pursues a claim against the manufacturer of the motorcycle, their motorcycle accident lawyer will argue that the motorcycle, or product, was flawed in some manner. This may be due to poor design or poorly manufactured parts. In rare situations, the victim may be entitled to sue the city if the poor upkeep of the streets resulted in the accident.
The laws that apply to motorcycle accidents are similar to those that apply to other types of vehicle accidents, but there are a few special considerations for riders of motorcycles. One of those considerations is the law of comparative negligence. These laws reduce the damages that the plaintiff may recover if the victim was negligent in a manner that might have been part of the cause of the accident. This does apply to regular car accidents, as well, but may play more of a role in motorcycle accidents.
This is because there are special skills that are required to operate a motorcycle and inherently more danger involved when riding a motorcycle. This leaves more opportunity to apply these laws to a motorcycle accident. Similar challenges arise when filing a claim against the manufacturer because there are different technologies used for manufacturing motorcycles.
If you have suffered injuries in a motorcycle accident, you may be entitled to compensation for your injuries. The attorneys at Rittenberg, Saks & Robinson, Ltd. may be able to help. We will review your accident and help you determine what your legal options may be. Contact us today to schedule a consultation.