Motorcycle accidents can cause devastating physical pain and emotional trauma for victims. Drivers who act carelessly can be held accountable for the harm they cause. There are several categories of damages available to plaintiffs in motorcycle accident lawsuits.
The motorcycle accident lawsuit process can be exhausting. Plaintiffs must prove that a defendant’s actions caused or contributed to their injuries. Cases can take months to years to complete. A motorcycle accident lawyer can help plaintiffs navigate their road to recovery.
If you were injured because of a motorcycle accident, get help recovering the compensation you deserve. Contact experienced Aurora motorcycle accident lawyers by calling the Rhatigan Law Offices at (312) 578-8502 for a free case review.
Suing Other Motorists After Motorcycle Accidents in Aurora, IL
Illinois is an at-fault state, meaning that negligent motorists can be held liable for damages they cause. Accordingly, motorcycle accident victims may file lawsuits against at-fault drivers.
There are four general elements that must be satisfied in order for a claim to succeed. Plaintiffs must be able to prove each of the following:
- The other driver had a duty of care.
- The other driver breached their duty of care.
- You suffered injuries because of the other driver’s breach of duty.
- You suffered damages because of your injuries.
There are various types of evidence that may be used to establish the aforementioned elements. However, gathering and preserving relevant evidence can be difficult. Records can be misplaced, injuries can heal, and important details can be forgotten. Our Aurora motorcycle accident lawyers can help victims gather and preserve the evidence required to win their case.
Proving Fault in an Aurora, IL Motorcycle Accident Case
There is a wide array of evidence that can be used to establish fault in motorcycle accident cases. The evidence used in your case will depend on the circumstances of your accident. The following are types of evidence our experienced Aurora motorcycle accident lawyers may use when proving fault:
After every motorcycle accident, 911 should be called and a police officer should visit the scene. After observing the scene and taking statements from the parties involved, the officer will draft an official accident report. Accident reports can help determine why an accident occurred.
Photos from the Accident Scene
It can also benefit you to take photos from the scene of a motorcycle accident. Photos can also be used to prove fault. For example, photos of skid marks can be used to show that a motorist swerved or attempted to brake before a crash.
Additionally, photos can be used to prove conditions that may or may not have contributed to a crash. Some drivers may claim that weather or poor road conditions caused an accident to occur. In such cases, photos from the scene of an accident can be used to disprove their claims.
Furthermore, witness statements can be extremely valuable when proving fault for a a motorcycle accident. Our Aurora motorcycle accident lawyers can use oral and written eyewitness testimony to establish who was at fault. Accordingly, victims should collect contact information for any witnesses to their accident if possible.
Physical Evidence from the Accident Scene
Physical evidence from the scene of a motorcycle accident can also be used to prove fault. For example, a crushed helmet can be used to show that a driver was travelling at high speeds when they impacted a motorcycle rider. Our Aurora motorcycle accident lawyers can help determine if any physical evidence from the scene of an accident will be relevant in your case.
Surveillance footage from traffic lights and roadside businesses is another form of evidence used to prove fault in motorcycle accident cases. Footage can be used to show why a crash occurred. However, the process for collecting surveillance footage can be complicated. Victims should contact our Aurora motorcycle accident lawyers for help recovering surveillance footage to support their claim.
Expert Witness Testimony
Lastly, expert witness testimony is also frequently used to prove fault in motorcycle accident cases. For example, an accident reconstruction expert can help determine why an accident happened. Further, engineers or road safety experts can be used to prove why road conditions did or did not contribute to a crash. Our Aurora motorcycle accident lawyers can help decide if expert witness testimony will be useful for your claim.
Common Causes of Motorcycle Accidents in Aurora, IL
There are several forms of negligent conduct that lead to motorcycle accidents in Aurora. Careless or reckless drivers can be held liable for the accidents they cause. Our Aurora motorcycle accident lawyers can help victims recover compensation after accidents stemming from any of the following causes:
- Drunk driving
- Distracted driving
- Reckless driving
- Improper lane changes
- Running red lights
- Braking abruptly
- Failing to use turn signals
- Wrong-way driving
The financial compensation awarded in a motorcycle accident claim helps victims deal with the physical and emotional trauma they endure because of negligent drivers.
Settling a Motorcycle Accident Case vs. Taking a Motorcycle Accident Case to Trial in Aurora, IL
In motorcycle accident lawsuits, plaintiffs typically must decide between settling their case or taking their case to trial. By settling their case, parties agree to voluntarily dismiss a case under certain terms. The defendant will pay an agreed-upon sum to the plaintiff as outlined in their settlement agreement. Settlement agreements allow parties to save on the costs of going to trial. Additionally, plaintiffs may recover compensation sooner by settling their motorcycle accident case.
However, not all settlement offers are fair. Plaintiffs who take their case to trial will have the opportunity to recover a greater amount of damages. If they are unsuccessful, though, they risk receiving nothing for their injuries. Our Aurora motorcycle accident lawyers can help assess the value of your case to determine if settling is the right option for you.
If You Were Injured Because of a Motorcycle Accident in Aurora, IL, Our Lawyers Can Help
If you were injured because of a motorcycle accident, seek assistance from our experienced Aurora motorcycle accident lawyers by calling the Rhatigan Law Offices at (312) 578-8502 for a free case review.