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Motorcycle accidents can be very serious due to the motorcyclist’s exposure and vulnerability; very little stands between them and a larger vehicle such as a car or commercial truck. The injuries can be devastating, and unfortunately, some motorcyclists who are involved in accidents lose their lives. If you or a loved one has been in a motorcycle accident due to another’s negligence, our attorneys are here for you every step of the way to ensure that your rights are protected and you are fully compensated for your injuries and losses, including medical expenses, lost wages, and pain and suffering.

Common injuries sustained by motorcycle accident victims include:

Road Rash – Motorcyclists can suffer serious skin abrasion, bruising, and tearing when falling off their bikes to the ground at a high speed. To protect against this, riders are advised to wear thick clothing/sleeves, particularly denim or leather. There is a variety of clothing designed specifically to protect motorcyclists’ exposed skin, as well.

Bone Fractures – Fractured bones may occur in high-speed collisions between motorcycles and other vehicles or fixed objects; finger, hand, and wrist injuries are common when riders fall at high speeds and attempt to break their falls, and spinal cord injuries (SCI) resulting from these accidents can be particularly severe.

Traumatic Brain Injuries (TBIs) – Although wearing a helmet when riding a motorcycle is always advised, it is not required by law in every state (Illinois does not have helmet laws). Motorcyclists who are not wearing helmets at the time of an accident are far more likely to suffer traumatic brain injuries, skull fractures, and even death resulting from these serious injuries. Many who sustain TBIs in a motorcycle crash are unable to return to work and may never make full recoveries, while others may have the good fortune to avoid permanent damage and move on with little to no recurring symptoms. Wearing a helmet and other safety gear is strongly advised to minimize the risks of such injuries should you ever be involved in an accident on the road.

To establish liability in a motorcycle accident claim, determining fault – the cause of the accident and who was responsible – is essential. While causation is rather clear and uncontested in many cases, some certainly require further analysis and investigation. Some types of valuable evidence include eyewitness testimony, video surveillance footage, cell phone records, vehicle maintenance records, and vehicle computer data, and “discovery” is the name of the process through which this information is gathered. Discovery is closely regulated by complex legal rules and guidelines, so it is recommended to allow your attorney to handle and oversee this process.

If you wish to pursue a motorcycle accident lawsuit against the driver who was responsible, the first thing you will determine with your lawyer is simply whether you have a viable case. Unfortunately, not all accident victims are eligible to receive compensation based on the circumstances, and you must prove some particular points to actually win the lawsuit.

Successful motorcycle accident cases must prove that the defendant’s negligence directly caused the accident and your resulting injuries. In an injury lawsuit, “negligence” specifically means that a person or entity had a duty of care to others (such as when driving on a public road) and failed to fulfill that duty. These make up the basic points to establish: a duty of care, failure to fulfill that duty, and causing an accident and resulting damages.

There are also cases in which a single-vehicle motorcycle accident – one that didn’t involve other vehicles – may still have been caused by another’s negligence, and that party may be held liable for the accident. Here are some such cases:

  • Hit-and-run accidents in which the other vehicle leaves the scene;
  • Poorly-marked construction areas or road hazards, such as bumps or curves;
  • Striking cracked or buckled pavement, potholes, sinkholes, or road debris such as trash or fallen rocks or branches;
  • Defective or malfunctioning parts or equipment within the motorcycle.

A responsible entity in a single-vehicle motorcycle accident who is not the motorcycle rider himself could instead be: other drivers, especially in hit-and-run cases; a construction company or government entity responsible for properly maintaining a roadway or notifying drivers of road hazards; or the company which manufactures the motorcycle, such as in cases of defective design.

In any case, remember that Insurance companies employ persuasive, well-paid adjusters who may seem friendly, but aim to solve your case cheaply and with little regard for your pain and suffering. It may be the first time you’ve worked through a personal injury claim, but these adjusters do what they do for a living. Don’t accept what the insurer offers: instead, speak with an experienced attorney who will fight for full compensation for your losses.

We at Agruss Law Firm are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in an accident, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.

If you or a loved one has been injured in a motorcycle accident, contact Agruss Law Firm, LLC today for a free consultation. We are a Chicago-based personal injury law firm, and helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people and not the powerful, we will file your claim and take care of the insurance company, medical bills, property damage, and lost income. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, our personal injury lawyers are not paid attorney fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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