Liability in a motorcycle accident lawsuit in Illinois depends on your ability to demonstrate that the defendant was at fault by establishing the four elements of negligence. A motorcycle accident can lead to substantial financial losses. A motorcycle accident lawsuit payout generally includes medical expenses related to injuries from the crash, lost wages during recovery, and other associated costs such as property damage repairs or replacement of vehicles.
If you have been injured in a motorcycle accident, seek legal assistance from Chute, O’Malley, Knobloch, and Turcy, LLC. Contact us at (312) 775-0042.
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Illinois’ Comparative Fault Law
Illinois follows a fault based auto liability system when assessing responsibility for damages and injuries from traffic accidents. In this framework, the driver deemed at fault, either entirely or partially, can be held accountable for monetary damages to those injured through an auto insurance claim or a personal injury lawsuit. This stands in contrast to “no-fault” auto insurance states, where drivers pursue damages from their own insurance providers.
Comparative fault rules are applied to establish the degree of fault and responsibility for compensating damages in an accident. Each party involved is assigned a percentage of blame based on their negligence. Under these rules, the amount the victim can recover for damages is diminished according to their percentage of fault. This principle is also called “apportionment of fault” or “allocation of fault.”
For instance, if you make a left turn at an intersection without adequate caution and another driver is speeding, leading to a crash that causes personal injuries and property damage, both parties have violated their duty of care and share some responsibility. While the other driver’s speeding contributed to the accident, you also should have taken more care before executing the turn.
If you were to file a personal injury claim against the other driver for $50,000, and a jury determines that your own negligence was responsible for 20% of the accident, with the other driver accountable for 80%, you would only recover $40,000, the original claim of $50,000 reduced by your 20% fault. There are two types of comparative fault:
Pure Comparative Fault
Regardless of how minimal the defendant’s involvement in the accident may be, you can still obtain damages under pure comparative fault. For example, if the defendant is determined to be 1% at fault for the incident, you would be eligible for compensation for 1% of your total damages. However, Illinois does not adopt this approach to assess negligence.
Modified Comparative Fault
Illinois employs a modified comparative fault system for determining motorcycle accident case value. Under this system, your compensation will be adjusted based on the percentage of fault attributed to you. If you are deemed equally negligent or more so than the other party involved in the accident, you will not be eligible to receive any compensation.
How Liability Is Determined in a Motorcycle Accident
If someone causes an accident, they are liable for compensating your losses. In car accident claims, establishing liability involves demonstrating that the responsible party acted negligently. Negligence occurs when a driver behaves carelessly, resulting in injury to another.
Examples of negligence include running a red light, failing to stop at a crosswalk, or driving at inappropriate speeds. It can also be subjective, such as getting distracted by adjusting the radio or interacting with passengers.
One of the differences between motorcycle accident and car accident cases is that in collisions involving motorcycles and larger vehicles, the driver of the larger vehicle is often found at fault due to the higher likelihood of distraction. Proving liability in motorcycle accidents typically entails establishing the four elements of negligence:
Duty of Care
The duty of care comes into play whenever a relationship between the parties necessitates the defendant to behave in a manner that avoids causing harm to the plaintiff. In the case of a motorcycle accident, this duty is typically always applicable, as all drivers are legally required to exercise appropriate care and caution towards other drivers, passengers, motorcyclists, bicyclists, and pedestrians.
Breach of Duty
An individual is considered to have violated their duty of care if they do not exercise reasonable caution. For instance, a driver may breach this duty by exceeding speed limits, failing to stop at a stop sign, getting distracted while driving, or operating a vehicle under the influence of alcohol.
The Other Driver’s Conduct Caused the Accident
To determine fault, you have to demonstrate that the other driver’s actions led to the accident. For example, the driver wouldn’t be held responsible if an oil spill on the road caused the incident. However, if reckless driving by the other driver was the cause of the accident, then they would be considered at fault. The circumstances and evidence surrounding the incident will be analyzed to identify the causes of the car crash.
Damages
You must demonstrate that you have experienced harm recognized by law as a consequence of the accident. This harm can manifest as physical injuries or property damage. It’s not enough to simply prove that the other driver acted carelessly; you must establish that their negligence directly resulted in your actual damages. If you haven’t incurred damages, you don’t have a valid claim. Damages may be economic, like medical bills or lost wages, or non-economic, including emotional distress or pain and suffering.
Traffic Violations
Traffic violations impact the determination of liability. When a party breaches a traffic law, it can be seen as negligence per se, which means:
- A violation of traffic laws signifies negligence without needing to establish a duty of care or the breach of that duty.
- The responsibility shifts to the defending party to counter this assumption of negligence.
Examples include actions such as running a red light or exceeding speed limits. If such a violation directly contributed to the accident, it could strongly sway the liability outcome in favor of the motorcyclist. However, traffic violations are just one element considered in the overall situation of the accident.
Evidence Used to Establish Liability
While the other driver might have been at fault in your motorcycle accident, proving liability depends on the quality of your evidence. The kinds of evidence that can assist you in holding another party responsible may comprise:
Police Reports
The police report plays a crucial role in motorcycle accident claims. It provides an official record of the incident, detailing information about everyone involved, observations from witnesses, and the officer’s evaluation of the scene. Car accident attorneys often rely on this document to identify liability and understand the circumstances of the accident.
Medical Records
Medical records play a crucial role in delivering an impartial summary of injuries, treatment strategies, and potential outcomes. They shed light on how serious the accident’s effects are and how long recovery might take. These records are essential for demonstrating the degree of physical injury sustained and the associated financial consequences.
Witness Statements
Witness statements provide an impartial viewpoint on the events, supporting the claimant’s narrative of the incident. It is crucial to collect contact details and testimonies from witnesses, as their accounts can influence the determination of negligence or fault in the case.
Photographic and Video Evidence
Visual evidence, including photographs and videos, can support the claim. This may involve images taken at the accident site, the condition of the vehicle, the state of the road, and any surveillance or dashcam recordings. These tangible items offer visual proof of the circumstances related to the motorcycle accident.
When to Hire a Motorcycle Accident Lawyer
After experiencing an injury in a motorcycle accident, there is a lot to manage. One of the first steps you should take is to contact an attorney. There are deadlines for filing a case known as statutes of limitations, and waiting too long could mean missing out on fair compensation for your injuries.
Additionally, evidence can fade over time. Witnesses may forget details, and important road markings may disappear. The sooner a motorcycle accident lawyer can begin working on your case, the greater the likelihood of securing reliable evidence.
Motorcycle accidents are among the most severe types of traffic incidents, often leading to serious injuries, long-term disabilities, and even fatalities. In 2022, Illinois reported 2,395 injuries and 149 deaths due to motorcycle accidents.
If you find yourself involved in such an accident, a motorcycle attorney can provide essential support. They can ensure you avoid mistakes after a motorcycle accident, negotiate with insurance companies on your behalf, collect evidence related to your incident, and assess the compensation you should receive for your injuries and related issues. With an attorney by your side, you can focus on your recovery rather than worrying about all the details. For help with securing compensation for your motorcycle accident, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC. We offer a free consultation to determine your best path forward.