Peoria, IL Motorcycle Accident Attorney
Motorcycle accidents are nearly thirty times more likely to result in accidental death than other vehicle accidents. Because motorcycles offer less protection than other types of vehicles, the statistic is not surprising. The negligence of other drivers is usually the cause of motorcycle accidents. If you have been injured in a motorcycle accident caused by someone else’s negligence, you need skilled legal representation on your side. Our accident attorneys in Peoria, Illinois are tough advocates for injured motorcyclists. If you need legal assistance for a recent motorcycle accident, contact our office today to speak with an attorney with 20+ years of experience. We can help.
Why Choose Kanoski Bresney?
- We are a client-oriented firm, committed to serving the best interests of the people we represent.
- Our Illinois injury lawyers are not intimidated by large corporations, and we will not hesitate to take your case to trial if it means getting the compensation you deserve.
- We operate on a contingency fee basis, which means we do not charge any fees until we win your case.
- Our team has over 20 years of experience fighting for the rights of accident victims in Central Illinois and throughout the state.
When do I really need a Motorcycle Accident Attorney in Peoria, IL?
Insurance companies have their own best interests in mind and want to settle your claim for as little as possible. Without legal representation, you could lose out on the full compensation you deserve. If you sustained serious injuries in an accident,
Evidence can disappear quickly after a motorcycle accident. If someone sustained serious injuries in a motorcycle accident, it’s important to move quickly. Speaking with an attorney can help ensure evidence is promptly gathered to support a strong personal injury claim.
How is Negligence in Motorcycle Accidents Proven in Peoria, IL?
Drivers of other vehicles who fail to see motorcycle riders when merging or turning are the cause of many motorcycle accidents – including some no-contact accidents. Another common cause is reckless driving on the part of the motorcycle operator. In both cases, the court must determine if either party was negligent in causing the accident.
To prove negligence in Illinois, plaintiffs must show proof of these four elements.
- State law required that the driver exercise reasonable caution to drive safely.
- The defendant in the case did not exercise the caution expected of a reasonable person driving in the situation as it occurred. For example, a reasonable driver must check for traffic in a nearby lane before merging. Failure to do so is a failure to exercise the caution expected of a reasonable person.
- The actions of the defendant resulted in the injuries of the plaintiff.
- The actions of the defendant caused injuries that resulted in the plaintiff suffering losses that financial damage awards compensated.
If your Peoria motorcycle accident attorney is able to prove the other driver’s negligence, he or she may receive damages to recover losses as a result of the negligence. However, if the courts determine that the motorcyclist acted negligently, leading to all or part of the circumstances of the accident, he or she may be liable for a portion or the entirety of the other party’s losses.
Illinois Motorcycle Laws
Lane splitting, or the act of passing vehicles between two lanes of traffic, is not legal in Illinois. If the motorcycle rider passes too close in proximity to other vehicles while engaging in lane splitting, the rider may cause an accident that bears their own fault. However, in rare cases, the court may determine that other vehicles merging recklessly or otherwise engaging in reckless behavior also contributed to the accident. In those cases, it may be possible for the rider to claim partial negligence on the part of the other drivers.
Helmet laws usually state that all riders below a certain age must wear helmets for safety purposes. Most states, with the exception of Illinois and Iowa, maintain at least some form of a motorcycle helmet law and a failure to comply and wear a helmet could ultimately result in the denial of a personal injury claim, as the court could determine the rider was negligent in his or her own health. Because Illinois does not currently maintain a helmet law, even riders without helmets may receive compensation for head or neck injuries that the negligence of another driver caused.
Common Factors of Motorcycle Accidents in Peoria, IL
The size and shape of a motorcycle often makes seeing riders while turning and merging more difficult for other vehicle drivers. Because a motorcycle travels on two wheels, it is also less stable, further increasing risk to the rider. Hazards on the road, such as potholes, spills, and other damage to the road itself, present a greater risk to the motorcycle rider, as well.
If a motorcycle is involved in an accident, the potential for injury or death to the rider is far greater than that of a motor vehicle driver. Motorcycles are lighter than other types of vehicles, making them particularly more susceptible to damage in an accident. Additionally, the design of a motorcycle affords its operator with far less protection than other types of motor vehicles, increasing the potential for injury.
Motorcycles are smaller and less visible than passenger vehicles. Negligent drivers cause many motorcycle accidents when they fail to register the motorcycle in the roadway. One of the most common types of motorcycle collisions occurs when the motorcycle is traveling straight, and a car makes a left turn directly into the path of the motorcycle.
A car may be following a motorcycle and fail to notice or misjudge the distance when the rider slows down or strops. A rear-end collision that might cause whiplash or minor injuries to passenger vehicle occupants can be fatal for a motorcyclist.
Unsafe Lane Changes
When a motorcycle appears in a driver’s blind spot, and the driver fails to do a head check, the driver may change lanes into the motorcyclist, forcing the rider onto the shoulder or into another lane, increasing the risk of colliding with another vehicle or wiping out.
Hazardous road conditions are a common cause of motorcycle accidents. Motorcycles are less stable than four-wheeled passenger vehicles. Potholes, uneven pavement, debris, and dead animals in the road can cause a motorcyclist to lose control of the bike and crash.
Peoria, IL Motorcycle Accident Statistics
- In an overview of fatal motor vehicle crashes, NHTSA reports that 5,172 motorcyclists were killed in traffic crashes in 2017 (165 fewer fatalities than the previous year).
- Motorcycle fatalities decreased by 3.1% from 2016 to 2017.
- 88,000 motorcyclists were injured in traffic crashes in 2015, the most recent year for which injury statistics are available.
- 25% of motorcyclists involved in fatal crashes in 2016 had a blood alcohol concentration (BAC) of .08 or higher.
- Motorcyclists accounted for 14% of all traffic fatalities in 2017.
Contact Our Peoria, Illinois Office
If you have been hurt in a motorcycle accident caused by the negligence of another, you are entitled to pursue compensation for your injuries. Contact the Peoria motorcycle accident lawyers at Kanoski Bresney to schedule a free case consultation.