Under Illinois law, when a motorcycle accident is caused by the negligence of another person, the negligent party can be held liable for any losses that occur as a result of the wreck. In many cases, the cause of a motorcycle accident is clear and the at-fault party admits liability. When this is the case, the only issue that needs to be resolved is how much the party that caused the accident will pay the victim.
In some cases, however, liability is contested, which means that the victim will need to prove that the other party’s negligence caused the accident. Very generally speaking, negligence occurs when a person or a party fails to use the degree of care that would ordinarily be used by a reasonable person under similar circumstances. There are many types of negligent conduct that could potentially cause a serious motorcycle accident, including speeding, distracted driving, drunk driving, and poor motorcycle design or manufacture.
Establishing Negligence Often Requires Evidence
If the other party refuses to concede liability, it may be necessary to conduct an investigation and collect evidence that supports your position that the other party’s negligence caused your accident. Examples of the kinds of evidence that may be relevant to a motorcycle wreck case include the following:
- Vehicle maintenance records
- Toxicology reports
- Cell phone records
- Internal company emails
- Surveillance footage
- Eyewitness reports
As a victim, it is important to bear in mind that collecting evidence can be difficult and often requires significant resources. In addition, at-fault parties may not want to turn over documents that they know will help victims meet their burden of proof. Fortunately, when you retain an attorney, he or she will conduct the investigation on your behalf and can use legal mechanisms to compel the production of evidence.
Call Abels & Annes, P.C. Today to Set Up a Free Consultation with a Chicago Motorcycle Accident Lawyer
If you have been hurt in a motorcycle accident, it is important to retain legal counsel as soon as you can. To schedule a free consultation with one of our Chicago motorcycle accident attorneys, call our office today at 312-924-7575 or send us an email via our online contact form.