The motorcycle accident attorneys of Salvi, Schostok & Pritchard P.C. have extensive experience with helping riders and their families with legal claims in Chicago and across Illinois.
We want you to contact us if you have been injured in a motorcycle accident because of another driver’s careless or reckless driving.
An attorney from our firm can review your case for free and answer your questions.
Did the Car Driver Cause My Motorcycle Accident?
Based on statistics and our own experience with clients, it is safe to say that car drivers commonly cause crashes with motorcycles. Determining the cause of your motorcycle crash will require thorough investigation. Accident reconstruction experts may also be consulted.
In some cases, the collision occurs because of a driver’s careless mistake. The car driver may simply fail to see the motorcyclist. For instance, the driver may:
- Fail to check rear and side mirrors
- Turn in front of the motorcycle at an intersection.
In many other cases, a car driver’s reckless refusal to share the road safely with the motorcycle causes a wreck. Examples include:
- Trying to use the same lane as the motorcycle
- Passing the motorcycle without leaving proper room
- Following too closely, or “tailgating,” the motorcycle
- Making a turn that wouldn’t be attempted in front of a car
There are also cases where neither the car driver nor the motorcyclist is at fault. Instead, the accident may be caused by:
- A defective motorcycle part, including a tire, brake or gear shift
- A poorly maintained road such as one with pot holes or loose gravel
In these cases, action may need to be taken against a manufacturer or government agency.
Can I Still Recover If I’m Partially to Blame for the Motorcycle Accident?
Illinois is a comparative fault state. This means that you can still recover compensation after a motorcycle accident even if you were partially at fault. However, your recovery will be reduced in proportion to your degree of fault.
For example, you may have been speeding when a car driver negligently turned in front of you. The car driver may be 90 percent at fault, while you are 10 percent at fault. If you suffered $100,000 in losses, your recovery would be limited to $90,000.
However, if you are more than 50 percent at fault, your recovery would be barred in Illinois.
Insurance companies often try to put blame on the motorcyclist. Your attorney will need to stand up for your rights and challenge any unfounded claims that you were at fault.
What Will My Motorcycle Accident Case Be Worth?
Many factors go into determining the value of a motorcycle accident case. The main factors are the types of losses you have suffered and the amount of available insurance coverage.
Typically, an attorney from our firm will seek compensation for:
- Motorcycle damage
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
If the car driver engaged in willful or wanton misconduct – for instance, drunk driving – punitive damages may be sought as well.
The at-fault driver’s liability coverage should pay for your losses. If the driver has no insurance or if you are hurt in a hit-and-run accident, we may turn to your own uninsured motorist (UM) coverage. Underinsured (UIM) coverage may be sought if the at-fault driver’s insurance does not fully cover your losses.
Your attorney’s goal will be to recover the maximum amount available. This is also called recovering “up to the policy limits.”
Our Lawyers Help Motorcycle Accident Victims in Chicago and Illinois
If you or a loved one has been hurt in a motorcycle accident caused by the negligence of another motorist, Salvi Schostok & Pritchard P.C. can put its experience to work for you. To receive a free, no-obligation consultation, call us today or contact us through our online form.
For More Information
• Illinois Traffic Crash Facts, Illinois Department of Transportation