Who can be sued in a motorcycle accident case will depend on the circumstances of your collision. However, some at-fault parties in your case (and those you can sue) can include:
- Another motorist
- The at-fault motorist’s employer
- A vehicle’s parts manufacturer
- A state or local government department
According to the National Highway Traffic Safety Administration (NHTSA), the annual monetary cost of a motorcycle accident exceeds $65 billion each year. These costs could include medical expenses, vehicle repair bills, or damages for pain and suffering.
If you sustained injuries in a motorcycle accident, the above parties could be defendants in your case. Additionally, you have two years from the date of your accident to file your lawsuit, according to 735 ILCS 5/13-202.
You Could Sue a Negligent Motorist
There are countless ways that another motorist could bear responsibility for a crash. Some acts of negligence that could make them responsible for your losses include:
- Failing to yield to the right-of-way
- Drunk driving
- Distracted driving
- Improper lane changes
- Engaging in road rage or aggressive driving
It is possible to pursue legal action against the at-fault party in the crash based on their role in the collision.
You Can Pursue Compensation From the Employer of the Other Motorist
If the at-fault driver was on the job at the time of the accident, it could be possible to pursue a lawsuit against their employer. This is only the case when that driver is acting within the scope of their employment.
For example, if you were struck by a delivery driver on their way to drop something off for their employer, they are likely within the scope of their employment. Alternatively, the employer is not liable if that individual is off the clock and headed home.
There are other situations where an employer could share in the fault of a vehicle collision. For example, an employer that is negligent in their hiring or training of a driver could face liability if that employee causes a motorcycle accident. An example could include hiring a driver that they know lacks a valid license or has a lengthy history of driving under the influence (DUI) arrests.
Employers could also be a target of an injury lawsuit if they fail to adequately maintain the condition of a motor vehicle. If a vehicle is not safe for use due to lacking maintenance, the business owner could face liability for any accidents that occur.
You Could Sue a Vehicle Parts Manufacturer in a Product Liability Case
In some situations, a defective car or motorcycle part could be responsible for causing the crash. When these defects happen, it could be possible to file a civil lawsuit against the manufacturer.
There are unique challenges that come with pursuing a defective part claim. Instead of facing the burden of establishing negligence, vehicle and part manufacturers face a strict liability standard. This means that establishing that there was a defect and that the defect caused your accident is enough to prevail at trial.
However, linking an accident to a defect might not be as easy as it seems. Your attorney could work to build a winning case against the product manufacturer.
You Could Sue a Government Department Based on Your Circumstances
State or local governments could also be defendants in these cases. Roads can fall into disrepair, and it is the duty of the relevant state or local government to ensure they remain in a safe condition.
Some claims regarding government entities involve dilapidated roadways or signage. However, these claims could also be viable if the roadway was inherently dangerous due to poor design as well.
Talk to Our Team About the Potential Targets of a Motorcycle Accident Injury Claim
The team at The Kryder Law Group, LLC is prepared to walk you through every step of the injury claims process. From identifying potential defendants to developing a theory of liability, we can get you started on your path to financial compensation.
If you are ready to move forward with your case, call (312) 223-1700 for a free consultation.