Aurora Motorcycle Accident Lawyer
Motorcycles have a lot of benefits compared to cars, but they also have the disadvantage of a lack of protection in case of an accident. When someone is injured in an accident due to the negligence of another, compensation may be available for their damages, with the help of a skilled accident attorney. Therefore, anyone injured in a motorcycle accident, as well as the loved ones of those who passed, should call an Aurora motorcycle accident lawyer as soon as possible to begin pursuing compensation for their losses and protecting their rights.
Common Motorcycle Accident Causes
Generally, motorcyclists must ride defensively because many motorists do not look for motorcycles and may fail to see them. But the failure to see motorcycles is certainly not the only cause of motorcycle related accidents.
Some of the common situations causing accidents involving motorcycles include:
- Traveling straight ahead
- Losing control or skidding
- Stopped in traffic
- Turning left
- Parked
- Turning right
- Passing and overtaking
- Changing lanes
Motorcyclists share blame for accidents by taking unnecessary risks with dangerous maneuvers on the road. Dangerous maneuvers include speeding, riding between lanes of traffic, following too close, and riding in a car’s blind spot. In particular, inexperienced riders operating high-powered supersport bikes cause many serious injuries.
Assessing Blame
In accident cases, apportionment determines who is at fault and the amount of compensation that can be awarded. Illinois uses a “modified comparative negligence” standard. Under this system, damages are reduced by the percentage a party is responsible for the accident.
But the modified standard includes the so-called “51 percent rule.” If a claimant is more than 50 percent at fault for the accident, then the claimant cannot recover any damages. The rationale is that the party most responsible should not collect damages. Damages claimed by a party who is less than 50 percent responsible are reduced by the percentage of fault.
Elements of Negligence
Negligence law comprised of five elements and an Aurora motorcycle accident attorney must prove each of them.
- Duty of care: A person has a legal obligation not to cause anyone harm or damage property
- Breach: An act or failure to act that violates duty of care
- Cause in fact: The injury or damage would not have occurred but for an act or omission to act by the defendant
- Proximate cause:The act or failure to act caused the victim’s accident
- Damages: Losses from property damage, injury, or death suffered in the accident
Accident Case Process
Recovering losses requires legal action, especially in serious cases. The first step is to arrange a free, no-obligation consultation with an experienced Aurora motorcycle accident lawyer who will explain the law, the legal process, and evaluate the strength of the case. The lawyer also will advise not to talk to others about the accident, particularly the defendant’s insurance company.
The attorney may begin the claim with an independent, thorough investigation. This entails a review of the police report, examination of pictures of the damage to the motorcycle and the vehicle, analysis of all medical bills, and interviews of any key witnesses to uncover important facts. A motorcycle accident lawyer in Aurora also will calculate all damages for medical and therapy treatments, income loss, and other losses.
The attorney will present the claim to the defendant’s insurance company and negotiate to reach the most favorable settlement possible. Sometimes settlements just don’t work. In these instances, a lawsuit is filed and a lawyer will assertively present their client’s case and all their damages.
Contact an Aurora Motorcycle Accident Attorney
If you or your loved one have been involved in a motorcycle accident in Aurora, please do not hesitate to contact an Aurora motorcycle accident lawyer who can advise you of all your legal options, discuss next steps with you, and begin building your case.
Our office hours range from 8:00 a.m. to 5:00 p.m. Monday through Friday and we answer our phones at 708-222-2222 24/7. If you prefer, we have an online form you can use or you can utilize our LiveChat service as well.