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Wheaton Lawyers for Riders Injured in Vehicle Collisions
Wheaton is a suburban city situated in DuPage County, Illinois. It is approximately 30 miles west of Chicago and has a population of around 53,000 people. Residents and visitors can enjoy a number of attractions in the area including, but not limited to, the Chicago Golf Club, the Cantigny Park and Golf Course, the Danada Forest Preserve and Equestrian Center, and the Illinois Prairie Path. While there are many ways to get around in Wheaton, many opt to ride their motorcycles and, unfortunately, some are seriously injured in motorcycle accidents. If you have been injured or lost a loved one in a motorcycle accident due to someone else’s negligence, our skilled Wheaton personal injury lawyers can help pursue the compensation you need to move on with your life.
Motorcycle Accident Statistics
The Governors Highway Safety Association found that an estimated 5,000 people were killed in motorcycle accidents in 2017, almost 300 less than in 2016. While the decrease seems promising, the reality is that motorcyclists remain significantly overrepresented in all traffic fatalities, with deaths occurring 28 times more often than for passenger vehicle occupants per mile traveled. There were 324,473 crashes involving motor vehicles in Illinois in 2016 and some of these were motorcycle wrecks according to the Illinois Department of Transportation. Injury crashes accounted for 20.5 percent of these accidents while fatal crashes accounted for less than 1 percent of these crashes.
Establishing Fault After Motorcycle Accident
Motorcycle accidents are typically the result of negligence. Many forms of driver negligence can lead to motorcycle accidents including:
- Speeding;
- Driving under the influence of drugs or alcohol;
- Distracted driving;
- Tailgating;
- Unsafe passing;
- Road rage;
- Illegal lane changes or turns.
In order to win a negligence case, the plaintiff has to show that the defendant’s conduct behind the wheel breached the appropriate duty of care (i.e., the level of care that a reasonably prudent driver would have used under the same or similar circumstances), and that this breach was a direct and proximate cause of the motorcycle accident as well as the plaintiff’ injuries. In other words, the plaintiff must demonstrate the defendant’s violation of the duty of care was a direct cause of the bodily injury and/or property damage that resulted from the accident.
An experienced motorcycle accident lawyer serving Wheaton can evaluate whether the facts in your case may meet these elements.
Comparative Negligence Rules in Illinois
Under the Illinois law of comparative negligence, more than one party could be at fault for an accident. If you are seeking compensation, your compensation may be reduced by your percentage of fault. For example, if you are deemed to be 30 percent at fault for the wreck, your damages award will be reduced by that amount. It is important to note that if you are 51 percent or more at fault in Illinois, you will be barred from recovering any damages at all.
Recovering Damages for Injuries After a Motorcycle Wreck
A motorcycle accident can have long-changing consequences for a person’s life. The injuries suffered in a motorcycle wreck can be long-term, even permanent and can affect a victim’s ability to work and earn an income. The financial burden of the accident may be felt a victim for years to come not to mention the physical and emotional pain that usually accompanies serious injuries. If we represent you, our team of knowledgeable Wheaton motorcycle accident lawyers can highlight the full extent of your harms and help you seek compensation for your losses including: hospital bills, surgical fees, lost wages, pain and suffering, disability, property damage and any other damages that can be recovered under the law.
