Chicago Motorcycle Accident FAQ
Advising and Assisting Victims of Motorcycle Accidents in Chicago
Motorcycle accidents can result in severe and potentially catastrophic injuries and damages. These accidents occur for a variety of reasons. In some cases, the motorcycle operator is negligent, while in other cases, another driver causes the accident. In some instances, no driver is to blame for the accident. This is true when poor or defective road conditions exist or when a motorcycle part is defective.
If you have sustained serious injuries in a motorcycle accident, you may be eligible to recover compensation for all of the economic and noneconomic damages you suffered. This is especially true if another driver’s negligence clearly caused the accident. The Chicago, Illinois motorcycle accident attorneys at Abels & Annes, P.C. can be your advocate when it comes to settlement negotiations and court proceedings in your personal injury case.
Can Motorcycle Passengers Make a Claim Against a Negligent Operator?
Chicago has many busy roadways and highways full of motorcycles on any given day. This is true, especially in the spring and summer months. When a motorcyclist drives in a negligent manner, serious accidents can—and often do—occur. Weaving in and out of traffic, distracted operation, or operating a motorcycle while impaired by drugs or alcohol can significantly increase the chances of an accident. An injured motorcycle passenger may be able to file a claim or lawsuit directly against the negligent motorcycle operator or owner.
A Chicago motorcycle accident attorney can examine the facts of your case and determine whether or not you may have a legal claim against the motorcycle operator who caused or contributed to your accident.
How Do Road Conditions Impact Motorcycle Safety?
The City of Chicago has a duty to maintain its roadways and keep them in good condition at all times. This requires that the City promptly fix potholes, repair macadam or concrete spalling, and correct other road defects within a reasonable period of time. Failing to do so can result in legal liability in the event of a motorcycle accident.
Construction zones are a hotbed for road defects, including uneven or grooved pavement, potholes, and concrete barriers. These hazardous road conditions can cause motorcycle operators and their passengers to fall from their motorcycles and sustain serious injuries. In the case of construction zone defects, an injured motorcycle operator or passenger may be able to sue the construction company or the city for hazardous conditions, including:
- Negligent or defective road repair work
- Creating a hazardous roadway condition
- Failing to properly maintain or correct a construction site hazard
If a Defective Road Condition Caused My Motorcycle Accident, Who Can I Sue and When Should I File Suit?
Filing a claim or lawsuit against the City of Chicago, Cook County, or other governmental entity usually requires that the injured accident victim complies with certain notice requirements. If the accident victim does not comply with these notice requirements, the personal injury case could be put in jeopardy.
Speaking of time periods, it is also important to keep the Illinois statute of limitations in mind as it pertains to personal injury motorcycle accident cases. Generally speaking, in an Illinois personal injury case, any claim or lawsuit must be filed within two years from the date of accident or injury, and often one year if a governmental entity is involved. If a claim or lawsuit is not filed within that time period, the accident victim may be forever barred from seeking money damages for their injuries. However, there are exceptions to this time limit and you should always discuss your specific circumstances and timeline with your attorney as soon as possible.
A Chicago motorcycle accident attorney can determine who the potentially responsible parties are in your accident. Furthermore, an attorney will be able to file a claim or lawsuit against any and all potentially responsible parties in your case.
What if Another Motor Vehicle Driver Caused my Motorcycle Accident?
When other drivers operate their motor vehicles recklessly, they significantly increase the chances of a serious accident. Cars and trucks are much larger vehicles than motorcycles. Consequently, when they collide with motorcycles, the result can be catastrophic and deadly.
In order to show that another driver was negligent, the motorcycle accident victim must be able to prove that the other driver was speeding or violating some other traffic law or rule of the road. Drunk drivers whose vehicles collide with motorcycles can be held responsible for both civil and criminal penalties. In the civil context, a motorcycle accident victim may be able to file a claim or lawsuit for damages based upon all related injuries. The accident victim may be eligible to recover compensation for all medical bills and lost wages, as well as for pain and suffering and other noneconomic damages. A Chicago motorcycle accident attorney can review the police report and any other documentation in your case and may be able to file a claim or lawsuit against a negligent driver.
Can I Recover Monetary Compensation if my Motorcycle was Defective?
When motorcycle parts, such as tires, handlebars, and steering mechanisms are defective, serious accidents can result. Motorcycle parts manufacturers and distributors have a duty to ensure that only safe parts enter the stream of commerce. If a consumer purchases a defective motorcycle part and an accident occurs, the accident victim may be able to make a claim for strict liability or negligence.
Can I Recover Compensation if My Motorcycle Was Negligently Repaired and I Was Involved in an Accident?
Motorcycle repair shops can be liable for injuries and damages caused by inadequate repairs if you can prove that they performed repair work in a negligent or un-workmanlike manner. In order to prove this, you will likely need to retain the services of an expert motorcycle mechanic who can review the repair work that was done and determine whether or not the repair facility performed negligent repairs, and whether those faulty repairs caused your accident.
Call a Chicago Motorcycle Accident Attorney Today for a Free Legal Consultation and Case Evaluation
If you or someone you love has sustained injuries in a motorcycle accident that was not your fault, you should not delay in seeking legal representation. When it comes to motorcycle accidents and personal injury damages, insurance companies are often skeptical. Adjusters will try and downplay legal liability and damages in your case.
The Chicago motorcycle attorneys at Abels & Annes, P.C. can be your advocates to take on the powerful insurance companies. We fight for the rights of victims who have suffered serious injuries in motorcycle accidents. To schedule a free consultation and case evaluation, please call us today at 312-924-7575 or contact us online.