Motorcycle accidents frequently lead to severe injuries. Since motorcycles offer little physical protection to riders, even minor collisions can do significant damage.
When you are injured while riding your motorcycle, you may have questions about your legal rights and what compensation you might be entitled to. A knowledgeable and experienced personal injury attorney could answer them for you. Additionally, an Aurora motorcycle accident lawyer could help you manage your case and obtain fair compensation for your injuries.
Who is at Fault for a Motorcycle Crash?
Under Illinois law, when you are hurt in a motorcycle accident, you must prove that the other driver is at fault in order to recover compensation. Typically, you can do this by showing that the driver acted negligently, which requires the following four elements:
- The driver was required to operate their vehicle safely—usually, this means driving like a reasonable driver would in similar circumstances
- The driver failed to meet that standard of care
- You suffered some harm or injury
- Your injury was caused by the driver’s failure to meet their standard of care
A driver can fail to meet their standard of care in many ways in a motorcycle wreck. Failure to meet the standard of care could mean that the negligent driver did one of the following:
- Did not obey the rules of the road
- Failed to check blind spots before changing lanes
- Recklessly wove in and out of traffic
- Texted and drove
- Drove while impaired or under the influence of alcohol
Although this behavior should indicate that the driver is responsible for the motorcycle collision, collecting proof is sometimes difficult. A hardworking attorney in Aurora could help you investigate the facts of your motorcycle wreck case and help determine who is responsible for the crash.
When to Bring a Claim
After being hurt in a motorcycle collision in the Aurora area, seeking immediate help from a seasoned lawyer is crucial to preserving your claim. According to 735 ILCS 5/13-202, injured people have two years from the date of the accident to file a lawsuit—after two years, it is too late.
That said, reaching out to a legal representative significantly before the two-year deadline approaches is advisable. Filing a case takes time and the more opportunity the attorney has to investigate the facts and prepare arguments, the better your chances of recovering the compensation you deserve.
Likewise, the longer you wait to contact legal counsel, the harder it is to gather the evidence required to prove that the other driver caused the motorcycle crash. Over time, eyewitnesses become difficult to find, memories fade, damaged vehicles are repaired, and other physical evidence is lost or destroyed.
To preserve and protect your right to compensation for your injuries resulting from a motorcycle accident, it is essential to take legal action as soon as possible.
Schedule an Appointment with a Motorcycle Accident Attorney in Aurora Today
When you are hit by a car while riding your motorcycle, filing a lawsuit to recover damages for your injuries may be the best option to pay for your medical bills and the damage to your property.
Speak with an Aurora motorcycle accident lawyer to learn more about your options and what steps to take next. Our legal team members at Law Offices of R.F. Wittmeyer, Ltd. will review your case during a confidential consultation and advise you on how to proceed with a claim.