Illinois motorcycle accident: Fault and seeking compensation

Accidents involving motorcycles are fairly common in Illinois, especially now that the weather is beginning to improve and more motorcyclists are out on the road. When a motorcycle accident does occur, the rider or — in the event of fatality — his or her surviving family members may have numerous questions about determining fault and the potential for achieving compensation. If negligence is believed to have contributed to the incident, according to the state, civil claims may be filed in order for damages to be sought.

Fault is not always immediately apparent following an auto accident. When investigating such an incident, authorities will need to look at several factors, including the actions of the other driver (if applicable), the actions and riding skills of the motorcyclist, road hazards and possible manufacturing defects. In some cases, the fault will lie solely on the driver thought to have caused the collision. In others, comparative negligence — meaning that the motorcycle rider may be found partially at fault — may come into play; however, in such cases some level of relief may still be achieved through legal means.

After an auto collision, it is not uncommon for the victim to have to utilize his or her own insurance in order to pay for care and assistance with recovery until liability is established in court. If that is done successfully, compensation may be awarded to the victim and his or her insurance company. Those forced to pay out-of-pocket for care or to use their own insurance should keep records of all expenses, which will be necessary in order to receive fair and full compensation.

An experienced attorney will be able to answer any questions one might have following a motorcycle accident. In seeking legal help, one will be able to make an informed decision about how best to proceed with his or her case. Fighting wrongful death or personal injury cases — whether in Illinois or elsewhere — is not an easy task. However, with legal counsel at one’s side, it is possible to take the actions necessary to seek maximum compensation for one’s losses.

Source: FindLaw, “Motorcycle Accidents: Overview”, Accessed on March 1, 2017