Motorcycle Rollover Accidents

A motorcycle rollover accident takes place when a vehicle turns on its side or roof. Put another way, a motorcycle rollover occurs when the motorcycle overturns. One cause of rollover accidents is turning too sharply while moving too fast. However, these accidents can also occur when a motorcycle is hit by another vehicle. Motorcycle rollover accidents can be classified as tripped or untripped. For instance, accidents caused by an impact with an external object, such as another vehicle, are classified as “tripped” because the motorcycle is tripped by the object, causing it to flip over. Untripped rollover accidents do not involve any physical contact between a motor vehicle and a motorcycle, although a motorist’s aggressive driving may be a contributing factor to an accident. Motorcycle rollover accidents may also be caused by design or manufacturing defects.

If you have been injured in a motorcycle rollover accident that was not your fault, you can likely seek compensation for your harm through a negligence claim. Negligence refers to when an individual causes a motorcycle rollover accident by failing to use reasonable care on the road. Reasonable care refers to how a prudent person would act in the same situation. To succeed in a negligence claim, the plaintiff’s injury lawyer must establish the following elements:

1. The driver owed the motorcycle rider a duty of care;
2. The driver violated that duty of care;
3. The driver’s carelessness was a proximate cause of the motorcycle rollover crash and the rider’s resulting harm; and
4. There are damages that are reasonably quantifiable.

Each and every element needs to be established before a plaintiff can recover any damages. If negligence can be demonstrated, the plaintiff will be able to recover a variety of damages, such as medical expenses, lost wages, property damage, and any other losses stemming from the accident.

If you have lost a loved one in a motorcycle rollover accident, you may be able to file a wrongful death claim against the at-fault party. The Illinois Wrongful Death Act permits certain surviving family members to recover damages for the untimely death of their loved one. These damages typically include medical expenses incurred prior to the death, pain and suffering, loss of companionship, loss of consortium, and more.

It is important to note that time is of the essence in these cases. Under Illinois law, an injured victim has two years from the date of the accident to file a claim in civil court for their injuries and five years to file a claim for property damage. Failing to file a lawsuit within the appropriate statute of limitations could mean losing your right to compensation altogether. These are the general statute of limitations rules in Illinois. While there may be limited exceptions that apply in your case, we believe that it is important to bring a claim promptly regardless, since preserving and gathering evidence is critical to your prospects of success.

Seek Representation Following a Motorcycle Rollover in Wheaton or Schaumburg

If you or someone close to you has been injured in a motorcycle rollover accident that was not your fault, you should take the time to discuss your legal options with an injury lawyer. At Therman Law Offices, we can thoroughly review the facts of your case and help you understand all of your legal rights. You can rest assured that we can take the necessary steps to help you recover the compensation that you are entitled to receive from a careless driver or another party. We represent injured people in cities such as Wheaton, Schaumburg, Westmont, Oakbrook Terrace, Clarendon Hills, Downers Grove, Lisle, Darien, and Bolingbrook. To schedule a free case evaluation following a rollover accident or another type of motorcycle crash, such as an intersection collision, do not hesitate to call us at 312-588-1900 or contact us online.