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My husband sustained a brain injury from a Chicago motorcycle accident. Can we hold the other driver liable?

Whether or not you can prevail in a claim against the other driver following a Chicago motorcycle accident is dependent on many factors. If successful, you could receive compensation for your pain and suffering, lost wages, and the medical costs associated with traumatic brain injuries. Consulting a Chicago brain injury attorney can help you evaluate the merits of your claim. The attorney will likely describe some the unique hurdles of a successful motorcycle crash lawsuit, such as:

  • You cannot be more than 51% at fault for the Chicago motorcycle crash to recover.

Under the Illinois Motor Vehicle Code, victims cannot recover damages if they are found to be more than 51% at fault in an accident. After trying the case, the court will decide each party’s percentage of fault. If you are found to be less than 51% at fault, any award you recover will be reduced proportionately by your percentage of fault.

  • It may be difficult for jurors to understand what constitutes safe and responsible operation of a Chicago motorcycle.

Not every juror will have ridden a motorcycle in the past, and therefore they will need to be educated on driving techniques. The attorney will also have to overcome the stereotype that motorcyclists are reckless.

  • Insurance companies may be biased.

Since Chicago is subject to the Illinois comparative negligence rules, the insurance company has an incentive to see the motorcyclist apportioned a greater percentage of blame for the accident than the car driver.

Contact Cullotta Law Offices to speak with a motorcycle accident attorney today over the phone or to schedule an appointment for a FREE case review. 

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