Pursuing Maximum Compensation for Motorcycle Accident Victims
If you or a loved one were injured in a motorcycle accident, you may be entitled to compensation for your losses. At The Law Offices of Haytham Faraj, our team is highly experienced in providing victims with the legal help they need to ensure the maximum compensation possible. To learn more about how our team can help you through this difficult time, contact us today for a free consultation.
The thrill, joy, and adventure that comes with riding a motorcycle is unlike any other. Sadly, this thrill can quickly dissipate following the mental and emotional trauma of being in a motorcycle accident.
Unlike other road accidents, motorcycle accidents have an incredible capacity for severe harm, making them one of the most dangerous types of accidents. The likelihood of life-threatening injury in these accidents is much higher, and these injuries often bring with them the prospect of financial distress. Unfortunately, these accidents also happen quite frequently, as indicated by data from the Illinois Department of Transportation (IDOT).
How Often Do Motorcycle Accidents Occur?
According to the 2016 Illinois Crash Facts and Statistics report, motorcycle accidents occur very frequently. Within the report, IDOT states that there were over 3,504 motorcycle crashes within Illinois in 2016. These accidents accounted for 11% of all accidents within the state in that year, with the majority of the accidents occurring in Chicago.
Out of these accidents, 3,323 resulted in injury or grievous harm, indicating the highly dangerous nature of these accidents. In most of the road incidents leading to these accidents, the transportation authority recorded a majority of multi-vehicle collisions. Sadly, around 152 of these accidents were fatal, with victims losing their lives in avoidable crashes.
Worse, these statistics have not dwindled over the years. The following years up till present have been fraught with disturbing statistics of motorcycle accident crashes. The reasons for these sad statistics are not farfetched.
Common Causes of Motorcycle Accidents
Motorcycle accidents can occur for a vast number of reasons. Most of these causes can be safely avoided as they usually stem from the negligence of other road users. Some of them include:
Unsafe lane changes
If a driver changes lanes without giving signal with their side pointers, there is a risk of collision with another road user. This risk increases if the driver fails to check their blind spots before switching lanes.
Driving under the influence
DUI or drunk driving occurs when a person is operating a vehicle with illegal levels of blood alcohol content. Driving under the influence of drugs or alcohol often results in tragic accidents.
Speeding
Speeding is a very common cause of motorcycle accidents. If a driver is speeding, the control they have over the vehicle decreases. This means that they may be unable to stop the vehicle in time to avoid a collision.
Road rage/impatience
Often, motorcycles travel in groups and many drivers are not used to seeing this. Drivers may often become impatient or try to get around the group of motorcyclists. This poses a risk as collisions could occur. Motorcyclists have the same rights as any other road user.
Improper left turns/unexpected sudden stops
Accidents may occur if a car makes a distance misjudgment or right of way error. This improper left turn may contribute to motorcycle accidents because a motorcycle travelling straight at it is at risk.
Motorcycle defects
Defective motorcycle parts could also contribute to motorcycle accidents. These defects can very well put the lives of the cyclist and other road users at risk. These defects may be as a result of poor maintenance or ineffective repairs.
Poor road conditions
The poor conditions of the road may contribute to the startling statistics of motorcycle accidents recorded every year. Potholes, gravels, sharp curves, busy intersections or road obstacles can all cause accidents.
The Incredible Danger of Motorcycle Accidents
Motorcycles afford little to no protection for their riders. No matter how cautious and safety conscious a rider is, there is every possibility of a motorcycle accident. This may be attributed to the fact that it can be harder to notice motorcycles.
A motorcycle accident can leave its victim with injuries that range from mild bruises to severe head and spinal injuries, to death. According to data from the National Highway Traffic Safety Administration, there were 5,579 motorcyclists killed in 2020, an 11% increase from 2019. This is the highest number of motorcyclists killed since Fatality Analysis Reporting (FAR) started collecting this data in 1975. In a comparison of vehicle miles traveled in 2020, motorcyclist fatalities were 28 times more likely than passenger car occupant fatalities in traffic crashes. The dangers associated with motorcycle riding have continued to steadily rise, with motorcyclist fatalities increasing by 20 percent from 2011 to 2020.
According to the above statistics, a person is more likely to die in a motorcycle accident. This is because compared to other road users like motorists, motorcyclists have a poorer chance of surviving an accident unscathed. Motorcycles as previously mentioned are less visible especially when there is fog or when it is dark.
In the face of these mounting stakes, it seems as though nothing can be done to prevent a motorcycle accident. While there is still substantial debate on that, there are a few things you can do to put yourself firmly in the right.
Stay visible
Driving a big bad black motorcycle is incredibly cool but this decreases your visibility. If your motorcycle is black (and even when it isn’t), try to wear reflective clothing or protective gear. Always drive with your lights on and endeavor to stay out of a driver’s blind spot.
Reduce the alcohol effect
Do not operate your motorcycle if the alcohol in your bloodstream is higher than the legally acceptable standard of less than 0.08. If you were driving drunk and are involved in an accident, your chances of receiving compensation are quite low.
Don’t ride in low visibility conditions
If you can avoid it, don’t drive in rainy conditions. It is difficult for other vehicles to see each other in the rain but a motorcycle practically disappears in heavy rain. If it is unavoidable to drive in low visibility conditions like rain or in the dark; be hyper-aware of your surroundings. You are most likely the only road user that knows you’re there.
Why You Need a Motorcycle Accident Attorney?
There is no law that requires or obligates you to hire a lawyer. In fact, it might even seem unnecessary as very few motorcycle accident cases make it to trial. And if you did not suffer any major injuries, you might decide to handle things yourself. But motorcycle accident claims are not as straightforward as they seem.
One of the first hurdles to cross will be with insurance loss adjusters. These insurance companies will reach out to you seeking to understand what exactly happened. You shouldn’t speak to them until you have consulted with a lawyer.
This is because they aren’t really on your side. They want to find ways to keep their money or at least minimize the amounts of damages they would pay. So, when you speak to them without a full understanding of your rights, you may say things that terribly wound your case. For example, statements like “I should have been more careful” or “It’s really not a big deal” or “I am much better now” can come back to hurt your claim and destroy your chances for compensation.
Apart from this, making and defending your claim is a process that requires a lot of planning and execution. You will need to fill out paperwork and provide documented evidence for your claim. You cannot make any mistake as insurance companies will capitalize on this. And if you do not have adequate proof, there’s every possibility that you get meagre amounts of compensation or you do not get any at all.
Hiring a qualified motorcycle accident attorney affords you the opportunity for solid representation and gives you a fighting chance for compensation. There are many unfortunate stereotypes when it comes to motorcycle accidents that may cripple your claim before it even takes flight.
One of these stereotypes is the popular misconception that when motorcycle accidents occur, the rider is completely or partially at fault. The fact that a rider happens to not wear a helmet, does not make the rider guilty or at fault for the accident. But not many motorcyclists know this.
The bottom line is – without the involvement of a skilled motorcycle attorney, you are at greater risk of having your claim denied. Do not allow insurance companies mislead you into receiving less than you deserve. Hire a competent attorney to review your case.
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