The Illinois motorcycle accident lawyers at Kass & Moses recently obtained compensation for a client injured in an alcohol-related motorcycle accident in Downstate, Illinois.
Our client, a female, was a passenger on the back of a sport bike. The driver (and our client) had been drinking as part of a poker run. The driver began to drive erratically including popping a wheelie in traffic. The driver lost control of the motorcycle and crashed. Our client was thrown from the bike and into a guardrail. She suffered severe road rash on her shoulders, arms and legs which eventually resulted in heavy scarring that was visible when she wore shorts, t-shirts and/or a bathing suit.
Our client had significant medical expenses and endured considerable pain and suffering. She did not have health insurance and as such, the hospital where she was treated post-accident filed a “lien” against our client’s personal injury recovery – meaning, she was going to have to pay the hospital back from the proceeds of any settlement.
The motorcycle lawyers at Kass & Moses filed a claim on behalf of our client with the insurance company of the owner of the motorcycle. During our investigation, we learned that the driver had numerous previous traffic citations and had been arrested for prior alcohol-related offenses.
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The driver’s insurance company initially rejected our Illinois motorcycle accident lawyers’ efforts to settle the matter. The insurance company argued that since our client was inebriated and knew that the driver of the motorcycle had been drinking, that she assumed the risk of climbing on the back of his motorcycle. Our motorcycle lawyers rejected that argument. Rather, we argued that while our client may have born a small amount of fault for her actions, she was the passenger on the motorcycle and not at all responsible for the accident itself.
Ultimately, we obtained a recovery for our client that was appropriate for her pain and suffering even after paying back her medical expenses and attorneys’ fees.
“The key to our recovering on behalf of the client was that we met with the client immediately after the accident and took photographs of her road rash. The photos revealed how severe her injuries were and made credible her claim of severe pain and suffering. Then, we took photos a year post-accident of the scarring caused by the road rash. These were permanent scars that our client was going to have to live with every day the rest of her life. The scars were a painful reminder of the accident,” said motorcycle attorney Joe Moses.
This case is also an example of Illinois comparative negligence. Our client was less than 50% responsible for the motorcycle accident and as such, was still able to recover for her damages.
If you are injured in a motorcycle accident in Illinois, contact your Illinois motorcycle accident lawyers at Kass & Moses for a free consultation or visit us online at kassandmoses.com.
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