A motorcycle’s two-wheeled, open-air design makes riding an exhilarating experience, but it also leaves motorcyclists vulnerable to catastrophic injuries in accidents, especially those caused by drivers in full-sized vehicles. Even the most careful rider can suffer a catastrophic injury in an accident when sharing the road with a careless or reckless driver. Reach out motorcycle accident lawyer in Chicago for a free case consultation.
A successful claim recovers common damages, like medical expenses, lost wages, and compensation for pain and suffering, but what if a motorcycle accident causes more than the common damages because it resulted in a catastrophic injury?
What Is a Catastrophic Injury?
A motorcycle rider does not have the advantages of a seatbelt and the surrounding metal structure of a full-sized vehicle in a collision. Instead, they face direct impact with the road, vehicles, and obstacles during a crash. Common injuries include knee injuries, fractures, and concussions.
Unfortunately, riders often experience multiple blunt force traumas that can cause catastrophic injuries. In legal terms, a catastrophic injury is one with permanent adverse effects. Common examples include the following:
- Spinal cord injuries with paralysis
- Traumatic brain injuries (TBIs) with impairment
- Permanent scarring or disfigurement, often from friction burns (road rash)
- Severe burns
- Multiple fractures
- Vision or hearing loss
- Traumatic limb loss
- Organ loss
A catastrophic injury has permanent life consequences, often including disability, impacts on earning capacity, and the ability to accomplish routine daily tasks.
What Makes a Catastrophic Injury Claim Different Than a Typical Motorcycle Accident Claim?
The body can heal from many types of injuries, but some injuries are permanent or leave permanent adverse effects. A catastrophic injury claim often results in additional compensation for the extraordinary costs of a disabling or permanent injury. Common damages recovered in catastrophic injury claims include the following:
- Reimbursement for medical expenses
- Anticipated future medical costs
- Lost wages
- Future income loss or diminished earning capacity
- Compensation for pain and suffering
A personal injury attorney commonly consults with medical experts, physical therapists, occupational therapists, and other specialists to determine the projected cost of a future life care plan for the special care needs associated with the catastrophic injury.
What Types of Motorcycle Accidents Cause Catastrophic Injuries?
Motorcyclists must follow Illinois’ motorcycle laws and regulations, but even the most careful rider can suffer injuries in accidents caused by driver negligence. Common examples include the following driver actions:
- Speeding, or driving too fast for weather conditions or poor visibility
- Following a motorcycle too closely (tailgating)
- Making unsafe lane changes into the path of a motorcycle
- Improperly merging into a motorcycle
- Failure to yield the right of way to a motorcyclist
- Aggressive driving
- Impaired driving
- Car-dooring, or opening the door of a parked car into the path of a motorcycle
- Illegally passing
- Making a negligent left turn into the path of a motorcycle while looking at traffic approaching on the right
Because a motorcyclist is at a tremendous disadvantage in an accident, the rider is more likely to suffer catastrophic injuries than the motorist.
While no legal process erases a catastrophic injury, the injury victim may seek compensation for their losses from the at-fault party under the state’s modified comparative negligence system. Compensation typically comes through a claim against the at-fault party’s insurance, but a successful claim requires careful handling. An experienced Chicago catastrophic injury lawyer can help a motorcycle accident injury victim recover the full and fair compensation they deserve.
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