This blog has mentioned many instances of motorcycle accidents where another motorist is held liable. It’s not uncommon for drivers of passenger vehicles to fail to see motorcycles on the roads and cause a collision. But when a motorcycle is involved in a crash, it is not always someone else’s fault.
This appears to be the case in a motorcycle accident which took place earlier this month in DuPage County. On the morning of Sunday, March 3, a man and his son had just finished dining at a Mexican restaurant in Roselle, which is south of both Schaumberg Regional Airport and the Elgin O’Hare Expressway. The 35-year old man and his 13-year old son were in a Chevy Malibu that was trying to turn left onto Lake Street when a motorcycle crashed into the driver’s side of the car. Both the man and the 19-year old male motorcyclist were killed. Police believe that speed was a factor in the crash, and witnesses say the bike was weaving in and out of traffic prior to the crash. There was also snow on the ground in the area of the incident.
The 13-year old boy was treated and released following the crash that killed his father, who was reportedly engaged to be married. The boy is entitled to financial relief as part of a wrongful death lawsuit; but since he is a minor, such legal action would have to be initiated either by his mother or another adult relative. The suit, which would probably be filed against the estate of the teenage motorcyclist, could allow the plaintiffs to collect monetary damages for mental anguish as well as loss of care and companionship. The family could also receive reimbursement for burial expenses and compensation for lost future wages that the 35-year old man would have earned in his lifetime had the accident never taken place.