By Dan Noll on March 25th, 2024 in Motorcycle Accidents
Hurt in a Motorcycle Wreck? The Noll Law Office Explains Why Determining Fault in a Springfield Motorcycle Accident Case is Difficult Without an Experienced Lawyer
Motorcycles are one of the most unique types of motor vehicles on Illinois roads. They bring a different level of excitement and thrill for riders, while also serving an important utility for other riders who use them to save money on fuel and maintenance costs. Despite being one of the most exciting types of motor vehicles, motorcycles are also one of the most dangerous. Statistics reveal that, although motorcycles account for only 3% of all registered vehicles in the United States, motorcyclists account for 14% of all traffic fatalities and 17% of all occupant/passenger fatalities. This results in approximately 6,000 fatalities each year in the United States, a figure which is increasing. Even where liability may be clear in a motorcycle wreck, the Illinois motorcycle accident lawyers at the Noll Law Office know that determining fault in a Springfield motorcycle accident is still very important.
That’s because many defendants and their insurance adjusters or defense lawyers will try to blame motorcycle riders for their crash. Indeed, even when a defendant is speeding, runs a red light, or makes an unsafe turn, it is usually the motorcycle rider who gets unfairly blamed for the accident. This is partially based on an unfair stereotype that surrounds motorcycle riders, which has no place in a courtroom. If you or a loved one were seriously injured, or if a loved one was wrongfully killed, in any type of motorcycle crash in Illinois, call the Noll Law Office to schedule a free case evaluation with their experienced motorcycle accident lawyers to learn more about your rights to compensation by dialing (217) 414-8889.
Understanding Fault in Motorcycle Crashes in Illinois
Determining fault in a Springfield motorcycle accident is generally the first step to recovering compensation. This concept is more formally known as “proving liability,” or establishing who was legally responsible for a motorcycle accident. In personal injury cases, liability is determined in several different ways, usually through a cause of action (or claim) for negligence.
Negligence is essentially the failure to use reasonable care which results in foreseeable harm to another. In order to prove negligence, an injured motorcycle rider will need to establish that the defendant:
- Had a duty
- Breached that duty, and
- Caused the victim damages.
The last element is really two components known as causation and damages, both related to who was actually at fault and what actual harm the victim sustained. These are very important and necessary elements, but when it comes to fault, the first two elements are what must be proven in court.
Step One in Determining Fault: What is a Duty?
The first element is establishing a duty. This is also known as a duty of care, and it refers to what a reasonable person would have done in similar circumstances. Generally, all motorists owe a duty to exercise reasonable care in the use or operation of a motor vehicle. That means seeing what there is to be seen, hearing what there is to be heard, observing the traffic laws, and otherwise driving as a reasonable person.
This duty that motorists owe is a flexible standard, but one which has existed for a long time. It does not require a person to be a perfect driver, but it requires a person to use the ordinary level of care that most drivers would use. As a result, it usually implies that motorists will avoid impacts with other vehicles, pedestrians, cyclists, motorcycle riders, and other objects. The goal is to safely operate a vehicle as a normal person would, without being reckless or careless.
It is important to note that there may be other duties imposed by the law or certain regulations. This includes truck drivers and the Federal Motor Carrier Safety Administration (FMCSA) regulations, which generally include safety rules that truckers and trucking companies must follow. In addition to that, Illinois laws also require drivers to act a certain way, including checking their vehicle’s equipment before driving.
Step Two in Determining Fault: Was There a Breach?
Once a duty of care has been established, a motorcycle rider who was injured in a wreck will also need to prove a breach of that duty. This is the second component of determining fault, and a very important one. That’s because, even though a motorist has a duty, that duty must have been breached in order to be liable for a crash. Thus, a victim and his or her Illinois motorcycle accident lawyer will need to establish that the defendant also breached his or her duty.
Examples of conduct that likely breach that duty include the following:
- Speeding
- Driving drunk
- Violating a traffic law (a violation of a traffic law which is meant to protect a victim from the harm that occurred may be negligence per se, or an automatic finding of liability against a defendant)
- Texting while driving or distracted driving
- Aggressive driving
- Unsafe left turns
- Improper U-turns
- Running a red light or running a stop sign
- Unsafe backing
- Drugged driving
- Jumping a curb
- Failing to yield
- Driving too fast for inclement weather conditions, and
- Other reckless or careless conduct that could result in a motorcycle crash in Illinois.
Step Three in Determining Fault: Causation for a Motorcycle Crash
Once a duty and breach of that duty is established, it is often said that fault has been established. However, a victim still needs to prove causation. This element links the duty and the breach of that duty with the victim’s injuries by establishing that the defendant’s breach was a substantial factor or proximate cause of the victim’s injuries. Sometimes this is also known as “but for” liability, such that “but for” a defendant driving drunk, the victim would not have been hurt.
However, the concept of causation is more complicated than that and it really needs the help of an experienced motorcycle accident lawyer. That’s because, although a defendant may have breached a duty, that defendant may not have been at fault. For example, that drunk driver who is stopped at a red light will not be liable for a crash if the victim rear-ended the defendant’s vehicle. Yes, the defendant was drunk and breached his duty, but that wasn’t the cause of the crash – the victim rear-ending a stopped vehicle was the cause.
Thus, as you can see, causation can be very tricky. Defendants and their insurance adjusters know this, and will often try to trick victims and their families before they hire a lawyer on this concept. That’s why victims should always retain an experienced Illinois motorcycle accident lawyer, like one at the Noll Law Office in Springfield.
Step Four in Determining Fault: Damages
Sometimes grouped in with causation, “damages” is the final element in negligence that must be proven. It relates to the harm that was caused by the defendant’s breach of a duty. That means that the injuries that a victim had sustained, including pain and suffering, lost wages, medical bills, and other harm, were caused by the defendant.
Ways How a Defendant is At Fault for a Springfield Motorcycle Accident
Applying the elements of negligence, there are many different ways that a defendant may be at fault for a Springfield motorcycle accident. These include many of the same ways that a defendant could breach a duty of care, which was noted above. Some of the more specific ways that it could hurt a motorcycle rider included the following:
- Not checking mirrors and blind spots for riders
- Failing to accurately gauge the speed and distance of a motorcyclist
- Unsafe lane changes into a motorcycle
- Failing to yield
- Unsafe passing a motorcycle rider, including passing too close
- Aggressive driving
- Cutting off a motorcycle driver
- Not giving a rider the full use of a lane like the law requires
- Following too closely or tailgating, and
- Other improper and unsafe conduct that could cause a Springfield motorcycle accident.
Need an Illinois Motorcycle Wreck Lawyer? Call the Noll Law Office for Help Determining Fault in a Springfield Motorcycle Accident
Motorcycle accidents often lead to serious and catastrophic, disabling, or fatal injuries. Unfortunately, as safe as a rider can be, the truth is that far too many reckless and careless drivers are the main reason why motorcycle riders still get injured or killed. This is because too many defendants fail to satisfy their duty of care. If you or a loved one were seriously injured in any type of motor vehicle crash, especially a motorcycle wreck in Illinois, learn how the compassionate and experienced motorcycle accident lawyers at the Noll Law Office can help you. They offer free consultations and case evaluations, and only get their legal bills paid after they recover compensation for you and your family. To learn more, contact them today.