To prove liability in court after a crash in Chicago, IL, your motorcycle accident attorney in Chicago must generally show that another party’s negligence directly caused the crash and the resulting injuries. They’ll work to do this by taking steps like gathering evidence in support of each required legal element and presenting expert testimony to establish fault. In short, your Chicago personal injury attorney’s job is to prove that someone else’s actions were the primary reason the accident occurred.
Learn more about the key steps a lawyer takes to establish liability in court below.
Establishing Negligence
Proving negligence in a motorcycle accident case involves showing four main elements:
- Duty of care: The defendant owed a legal duty to drive safely and follow traffic laws
- Breach of duty: The defendant failed to meet that duty through some careless or unlawful act
- Causation: The defendant’s actions directly led to the accident and the victim’s injuries
- Damages: The victim suffered actual losses, such as medical bills and pain and suffering
Your attorney will aim to present proof meeting the “by a preponderance of the evidence” standard, which is required in most cases.
Collecting Evidence
Evidence is the foundation of every motorcycle accident case. A qualified lawyer can collect and preserve as much proof as possible, including:
- Police reports detailing the scene and initial fault determinations
- Photographs and video footage of the crash
- Eyewitness statements
- Expert reconstruction reports that explain how the crash occurred
- Medical records linking injuries to the incident
- Phone records and vehicle data
Each piece of evidence helps strengthen the argument that the other party’s negligence was the root cause of the collision. This makes it critical to give your attorney as much information as you might have available.
Using Expert Testimony
Expert witnesses often play a key role in motorcycle accident trials. Accident reconstruction experts can testify about vehicle positions, speeds, and points of impact, while medical professionals can explain the extent of injuries and their long-term effects. Economic experts may also estimate lost wages or future care costs to show the full financial impact of the crash.
By combining these expert perspectives with physical evidence, attorneys can present a detailed, fact-based picture of how the accident happened and why their client deserves compensation.
Overcoming Common Defenses
Defense lawyers and insurance companies may argue that the motorcyclist was partly to blame, such as by speeding or not wearing a helmet. An attorney can counter these claims appropriately using all of the available facts and circumstances of the case at hand.
Per Illinois law, injured riders can still recover compensation as long as they are less than 51% at fault for the crash. The amount of damages is simply reduced by their percentage of fault. Proving accurate liability percentages can make a major difference in the outcome of a case.
Contact an Experienced Motorcycle Accident Lawyer With Meyers & Flowers
If you were injured in a motorcycle accident caused by another driver in Chicago, Illinois, proving liability is one of the most important steps in securing full compensation. Contact Meyers & Flowers today to schedule a free consultation with an award-winning motorcycle accident lawyer. We can advise you of your best course of action at that time.