DuPage County Motorcycle Accident Lawyers
Motorcycle accidents are known to cause some of the most serious injuries and fatalities when it comes to colliding with other vehicles on the road. These instances can also lead to serious legal battles, where two parties do not agree on who was at fault and who deserves compensation for the damages they experienced. If this has happened to you, DuPage County motorcycle accident attorneys can step in to help better understand the extent of your damages and legal options.
At Franks Gerkin Ponitz & Greeley, our firm is dedicated to making sure the rights of motorcycle accident victims who walk through our doors are protected from start to finish. We understand the unique challenges that make up these cases, from dealing with insurance companies to proving who was liable for causing the accident in the first place. If any of this applies to you, let us focus on the legal responsibilities while you spend more time recovering.
How to Prove Fault in a Motorcycle Accident in DuPage County
Proving fault on behalf of injured motorcyclists is a critical step to securing compensation and sending a message to deter the behavior from happening again in the future. There are many different key factors that need to be examined as part of the process of proving fault in these cases. Some of the most common include:
Understanding Illinois’ Comparative Negligence Law
The state of Illinois operates under comparative negligence law. This means that either party who was involved in the motorcycle accident can be held responsible. This is determined by assigning a certain percentage of fault to each stakeholder in the case. As long as someone is less than 50% responsible for causing the accident, they are still able to pursue recovering compensation from the other party.
For example, if the court deems that $100,000 of damages has occurred from the motorcycle accident, but you were 20% at fault for causing the accident, your overall recovery package would be reduced to $80,000. If the same scenario applied, but you were found to be 55% responsible for causing the accident, you would receive nothing. To avoid this, work with an experienced motorcycle accident lawyer to gather evidence and reduce your degree of fault.
Gathering Evidence From the Scene
The strength of your evidence will play a role in how quickly and effectively you are able to prove fault in your motorcycle accident case in DuPage County. The more documentation that you have on hand, the stronger your case will be at assigning fault and generating more compensation.
Photographs and videos are some of the most significant pieces of evidence in these cases. If you can show photos of the accident scene or pull surveillance footage that shows the exact chain of events that caused the accident, this can help bring everyone back to the scene of the incident and assess what happened. Police reports and witness statements can also be useful, as these are often unbiased accounts of what happened from the observations of third-party individuals.
Reviewing Traffic Laws and Violations
Your attorney will also want to determine if any traffic violations were made by either party. This is yet another key factor that will help prove fault. This can include checking to see if anyone was speeding above the posted limit, failed to yield to another motorist who had the right-of-way, or was sporadically changing lanes for no reason. Anyone who clearly violated a traffic law will be assigned a larger percentage of fault in their motorcycle accident case.
FAQs About DuPage County, IL Motorcycle Accident Law
What Should I Do Immediately After a Motorcycle Accident in DuPage County?
As soon as a motorcycle accident has happened, ensure you are safe and check for injuries. Call 911 as soon as possible to request emergency services. Police officers can help redirect traffic and clear the scene. An emergency medical team can assess healthcare needs. It’s also important to gather evidence at the scene, like taking photographs of the accident and exchanging contact information with the other drivers involved.
How Long Do I Have to File a Motorcycle Accident Claim in DuPage County?
All personal injury claims looking to receive compensation for bodily injuries need to be filed within two years from the date of the motorcycle accident. Anyone who misses this deadline will be forced to surrender their right to compensation, no matter how extensive their injuries or how compelling the evidence may be. There are some exceptions to this rule, which is why you should consult with an attorney as soon as possible to explore every option in your case.
Can I Still Recover Compensation If I Wasn’t Wearing a Helmet During the Accident?
While Illinois doesn’t require motorcyclists to wear a helmet, choosing not to wear one could have consequences in your motorcycle accident case. This is especially true if you have head or neck injuries, as the insurance company might try to explain that these injuries would have been prevented if necessary precautions were taken. However, it is still possible to recover compensation with the help of an attorney, even if you choose not to wear a helmet.
What Kind of Compensation Can I Recover After a Motorcycle Accident?
All motorcycle accident victims have several avenues they can explore for compensation. This includes seeking funds for their medical expenses, lost wages, property damage, and even pain and suffering, depending on how severe the emotional implications of the incident were. If the other driver in the case acted with extreme recklessness, you could also pursue punitive damages to try and deter the behavior from happening again.
Contact Franks Gerkin Ponitz & Greeley Today
If you were recently in a motorcycle accident and need help determining fault and receiving compensation for your injuries, call the attorneys at Franks Gerkin Ponitz & Greeley. We have spent years uncovering the root causes of these accidents and who is at fault. Our passion for ensuring accident victims have the funds they need for a full recovery is what motivates us every day when working with our clients. Contact us today to learn more.
