In 2007, an Illinois factory worker was driving a motorcycle when an SUV turned in front of him, killing him instantly in the collision that followed. The decedent’s family brought an Illinois wrongful death lawsuit against the college student who was driving the SUV and received a settlement of $3 million.
Many drivers forget that automobiles and motorcycles function very differently and each have their own strengths and weaknesses. While a motorcycle is quick and easy to maneuver through traffic, it is also difficult to see. Whereas while it is hard to avoid seeing an SUV, it does have the disadvantage of being difficult to maneuver.
Prior to the settlement in this Illinois motorcycle accident case, the defense attorneys argued that the motorcyclist was at fault for not keeping a proper lookout of the SUV’s activity. But the obvious retort to this is that the SUV did not keep a proper lookout when he entered the motorcyclist’s lane. When driving it is important to remember to pay attention not only to your own vehicle, but to all of those vehicles around you.
Furthermore, while this case did not focus on whether or not the decedent was wearing a motorcycle helmet, it is a safety issue that oftentimes comes into play in motorcycle accidents. In Illinois, motorcycle helmets are not required by state law even though they are required in many other states. Research suggests that helmet laws could reduce death and serious injury in many motorcycle accidents. However, in the above case it does not appear that a helmet would have made a difference for the 41 year-old motorcycle driver.
Kreisman Law Offices has been handling Illinois motorcycle accident lawsuits for over 30 years, serving areas in and around Chicago’s Cook County, including Skokie, Streamwood, Naperville, and Homewood.