In many Chicago-area motorcycle accidents, often the liable party is clear. In those cases, the major issue left to be resolved is the amount of damages the defendant will have to pay the plaintiff. However, sometimes liability is not determined so easily, or it is contested by one of the parties. This requires the victim to prove the other party’s legal responsibility, or negligence, for the accident and any related injuries.
Negligence occurs when an individual or entity falls short in using the expected level of care that would normally be used by a reasonable person or entity under the same or similar circumstances. The type of negligent conduct that can lead to a serious motorcycle crash include distracted driving, speeding, fatigued driving, driving under the influence of alcohol or drugs, and faulty design or manufacturing from another company.
Evidence required to establish liability
If the other party to the accident fails to admit liability, an investigation may be necessary to discover evidence that bolsters your injury claim based on that party’s negligence. The types of evidence that may help your motorcycle injury case may include:
- Eyewitness reports
- Cell phone records
- Vehicle maintenance records
- Video surveillance footage of the accident scene
- Internal emails of the manufacturer or other relevant company
- Toxicology reports of the other driver(s)
Acquiring this evidence is often not a simple task. It requires the necessary resources that experienced truck accident attorneys possess. Many times, liable parties resist providing relevant documents they know will help defendants prove their case. An attorney can apply his or her legal knowledge and experience to compel other parties to produce the needed evidence.
Per Illinois Code 735 ILCS 5/2-1116, the state follows the legal theory of contributory negligence which means if the plaintiff is more than 50% responsible for the accident, his or her recovery is barred. If the plaintiff is found under 50% liable, the damages recoverable are diminished in proportion to plaintiff’s percentage of fault.
Potential liable parties to a motorcycle accident
Prior to pursuing compensation for your motorcycle crash injuries, you need to identify who or what is responsible for your accident. Contacting a law firm with extensive experience handling these types of cases and performing comprehensive investigations to discover relevant facts is a strong way to determine fault and pursue your rightful settlement.
Some of the potential liable parties to a motorcycle accident in Chicago include:
- The passenger vehicle driver involved in the crash
- The motorcycle manufacturer
- The motorcycle repair shop
- The manufacturer of a motorcycle part or safety device/equipment
- A government entity with the responsibility to maintain the roadway if a roadway hazard caused the crash
- The motorcycle rental business
It is possible for more than one party to bear liability for a motorcycle crash. Juries must decide the question of fault and award compensation accordingly.
Have you sustained injuries in a motorcycle accident caused by another party? If this is your experience right now, our highly skilled Chicago motorcycle crash attorneys are here to fight vigorously on your behalf to receive your eligible financial compensation. To set up a free consultation about your accident and injuries, call us today at 312.600.9585, or complete a contact form.
Neal S. Gainsberg has spent the last 20 years fighting to protect the rights of the injured in Chicago and throughout Illinois. From consumer rights and bankruptcy to catastrophic injuries and wrongful death, Mr. Gainsberg stands up to large corporations, insurance companies, creditors and hospital administrators to ensure that his clients’ futures are safe and secure. Learn More