Reasons For Filing A Motorcycle Accident Injury Lawsuit

Typically Serious Nature Of Motorcycle Accident Injuries

A motorcycle accident often leads to serious accident injuries for both the motorcyclist and (if applicable) passenger.  As seen in many Chicago area motorcycle crashes as well as those throughout Illinois discussed on this site, a broad range of injuries can occur from such crashes.  Many of these injuries can be life-threatening in nature, and often result in the death of the rider and/or passenger.

There are many reasons why motorcycle accidents typically greatly harm motorcyclists.  They are highly physically traumatic as they usually occur at significant speeds, and motorcyclists have very little if any structural impact protection during a collision.  As well, there is typically no physical restraint of the motorcyclist so in many motorcycle accidents the motorcyclist is ejected (thrown) from the motorcycle.  Such ejections typically cause serious if not life-threatening accident injuries.

As well, due to the typical “two-wheeled” nature of a motorcycle, stability is a key issue.  Given the nature of motorcycle riding, if stability is not maintained the motorcyclist risks a loss of control, which can lead to a crash.  Such a crash often leads to a collision with a fixed object.

As seen in the many Illinois motorcycle crashes that have been summarized on this site, many involve an oncoming vehicle making a left-hand turn immediately in front of the motorcyclist.  A “head-on collision” then occurs, which by its nature involves a high degree of force.  It is not uncommon for such crashes leading to the motorcycle rider and (if applicable) passenger to be severely injured or fatally injured during such a crash.  These types of crashes typically occur because the oncoming motorist fails to “see” the oncoming motorcycle.

Typical Motorcycle Accident Injuries

As mentioned before, there are many types of injuries that can result from a motorcycle accident.  Among injuries and other harm that can result from such blunt force trauma include:

  • head injuries and brain injuries (TBI)
  • neck and spinal cord injuries
  • bone fractures, including broken legs, arms, hands, and collarbones
  • abrasions (casually referred to as “road rash”)
  • lacerations
  • various injuries to the legs and feet
  • other injuries

Medical Care Required For Motorcycle Accident Injuries

Many of these injuries can lead to the motorcyclist and/or passenger requiring significant or substantial amounts of medical care.  Outside of the initial medical treatment that typically occurs in the emergency room (ER) and/or intensive care unit (ICU), there can be an extensive hospital stay as the motorcyclist recovers from the injuries.  It is common for there to be a need for surgeries and other care such as subsequent testing.  Rehabilitation, including physical rehabilitation and/or occupational rehabilitation is often required.

As well, other direct or indirect costs can occur.

Reasons For Motorcycle Accident Personal Injury Lawsuits

While there are many reasons as to why motorcycle accident lawsuits are filed, a primary reason is to get compensation for medical costs and other related monetary factors, such as lost income due to the temporary or permanent inability to work (commonly called “lost wages.”)  Often, the medical bills for such accident injuries are high, if not very high, even if those injured have health insurance.  As well, the temporary or permanent inability of the injured person to work can cause further significant financial challenges.

There are many other reasons as to why someone who has been injured during a motorcycle accident would want to file a personal injury lawsuit.  One is to punish negligent and/or reckless behavior that has caused the person(s) to be injured.

For instance, if a motorcyclist is injured after being struck by a drunk driver, one of the reasons that motorcyclist may want to file a lawsuit is to punish the drunk driver, and by extension discourage such behavior from occurring in the future.

Motorcycle Accident Wrongful Death Lawsuits

If a motorcycle accident causes one or more fatalities, and the accident was caused by another person, relevant parties can pursue a wrongful death lawsuit against the person who was at fault.  Wrongful death lawsuits are further discussed on the “Motorcycle Accident Wrongful Death Lawsuits” page.

If You Are Injured In A Motorcycle Accident

There are a number of steps one should take if injured in a motorcycle accident.  These steps are needed to protect one’s medical condition and legal rights, including the ability to collect compensation for accident injuries if the accident was the fault of another person or party.

These steps should be taken as soon as possible following an injury.

Ten such steps are discussed on the “10 Steps To Take Following A Motorcycle Accident” page.  These steps include the handling of legal issues, as well as the urgency of receiving proper medical treatment.  It is important for those injured during a motorcycle accident to quickly get a thorough medical exam to properly assess injuries and get proper treatment, as well as to identify injuries that may not yet be apparent.  This is especially important for a motorcycle accident, due to the typical high degrees of physical trauma that motorcyclists and passengers are subject to during a collision.  The issue of getting a prompt and proper medical exam following a motorcycle accident is further discussed on the “Reasons For Getting A Medical Exam After A Motorcycle  Accident” page.  In addition to the medical benefits of getting a thorough assessment of one’s injuries, from a legal perspective it is highly advisable to have all injuries properly evaluated and documented as soon as possible after the accident.

The Filing Of An Accident Injury Lawsuit

If the injuries are the fault of another person, it may be advisable to file a personal injury lawsuit in order to pursue accident injury compensation.  The trial lawyers at the Elman Joseph Law Group can help you determine whether a lawsuit should be filed, as well as indicate what types and amounts of compensation may be expected given the specific circumstances of the accident, the injuries that occurred, the medical treatment received, and the resulting medical condition.

Types Of Accident Injury Compensation

While levels and types of potential injury compensation vary according to the accident and resulting medical situation, general types of compensation can include:

  • Medical costs (including past, current and future expenditures)
  • Pain and suffering
  • Disability
  • Disfigurement
  • Loss of function
  • Lost wages
  • Loss of consortium
  • Other economic damages

To get a free and confidential initial legal consultation from the Elman Joseph Law Group, call Tony Elman, Lead Trial Attorney, at (773) 392-8182 at any time.

Elman Joseph Law Group has been handling Illinois personal injury lawsuits for over 25 years.  During this time the firm has handled over 10,000 lawsuits.  It has earned a reputation for its trial capabilities, which often results in higher accident compensation for its clients.