If you are injured in a motorcycle accident, you may be eligible for financial compensation. Illinois is a fault-based accident state, meaning that negligent drivers are liable for any damages that occur in collisions they cause. If your motorcycle accident occurred due to another person’s actions, you can secure damages for medical expenses, lost wages, and more—as long as you can prove that the at-fault party’s negligence caused the accident.
Proving Liability in a Motorcycle Accident Claim
As a motorcycle accident victim, you have two main pathways to recover compensation: an insurance claim or a personal injury lawsuit. During the insurance process, an insurance adjuster will investigate your accident and determine how the collision occurred. During a lawsuit, you will need to provide enough evidence to the court to establish the other party’s liability.
Under Illinois law, all motorists have a duty to follow all traffic laws and operate their vehicles safely. If someone deviates from this duty and causes an accident, he or she will be liable for any losses that a victim sustains. If you and your personal injury lawyer can provide enough evidence to support the following four facts, you can establish the at-fault party’s liability in your motorcycle accident claim.
- The at-fault party owed you a duty of care.
- The at-fault party breached his or her duty of care through a negligent act or failure to act.
- The at-fault party’s breach of duty caused your accident and resulting injuries.
- You sustained damages in the accident that you can collect in your lawsuit.
For example, say that you are injured when a driver runs a red light and collides into your motorcycle as you are traveling through an intersection. You can establish that the driver breached his or her duty of care by running a red light, which is a violation of Illinois traffic law. You can use evidence like surveillance footage, witness testimony, and police reports to establish the breach of duty.
To prove causation, you will need to show that your accident would not have occurred if not for the at-fault party’s actions. If the other driver had upheld his or her duty of care and stopped at the red light, your accident and subsequent injuries would not have happened. You can use evidence like medical records, expert witness testimony, and witness reports to further establish causation.
How to Establish Your Right to Damages
One of the most important steps in a motorcycle accident case is proving your right to damages. Through your claim, you can recover compensation for economic damages like medical expenses, lost wages, and property damage, as well as non-economic pain and suffering.
To secure compensation for your damages, you will need to prove that you suffered these losses due to the accident. You can establish the value and extent of your losses using several pieces of evidence, including the following.
- Medical bills and records
- Life care plans
- Repair invoices
- Paystubs
- Journal entries
- Employer correspondence
A Chicago motorcycle accident lawyer can help you gather the evidence you need to calculate your damages and estimate the full value of your settlement. For long-term or intangible costs, your lawyer can enlist the help of expert witnesses who can testify on your behalf.
Your attorney can also help you gather the evidence you need to prove the at-fault driver’s liability and secure the settlement you deserve. Contact a lawyer as soon as possible following your accident to discuss your case and strategize your next steps.
