Motorcycle Accident Lawyer in Chicago, Illinois

How Common Are Motorcycle Accidents in Illinois?

Despite the fact that motorcycles make up only .06 percent of all vehicle miles traveled in the country, they accounted for 4 percent of all injuries and 14 percent of all fatalities in traffic-related accidents in 2020, according to the National Safety Council. Nationwide, in 2020 there were 82,500 motorcycle accident injuries and 5,579 deaths. In Illinois, there were 3,077 motorcycle crashes which resulted in 2,404 injuries and 152 fatalities, according to the Illinois 2020 Crash Facts and Statistics. Sadly, over half of those crashes came when the motorcycle was going straight ahead, which means the accidents were often caused by another driver not respecting motorcyclists on the road. Most of the crashes occurred in urban areas, especially around tolls.

According to the Motorcycle Legal Foundation, Illinois is eighth in the country with 280,322 registered motorcycles, and proportionately was eighth in the country in fatalities in 2017.

Nearly half of deadly motorcycle accidents occurred in the summer between June and September, and half occur on the weekends between 6 p.m. Friday and 6 a.m. Monday.

What to Do After a Motorcycle Accident in Illinois

There are several steps you should take, both immediately following the accident and in the days and weeks that follow, to ensure both your health and the chances of a successful claim.

Immediately After The Accident

While any accident is surprising and scary, it is important to keep a clear head. At the accident site, you should:

• Get to safety — If you can, get to the side of the road and away from oncoming traffic. Leave the bike. It is obviously important to you, but trying to carry it could put you at risk of further harm. If you are seriously injured, it may be best not to move; instead wait for emergency personnel.
• Keep your protective gear on — Removing your helmet or other gear could also make injuries worse. Adrenaline and shock may hide how bad an injury actually is.
• Call 911 — As motorcycle accidents can cause severe injuries, it may be best to be looked over at the scene instead of trying to go to an emergency room yourself. Police will also be able to file a report stating who they believe is liable for the accident.
• Gather evidence — Speak to the other driver and get their insurance information. Take pictures of the accident, including damage to all vehicles involved and the surrounding areas. Take more photos than you think you need. Something that may seem unimportant at first may help an Illinois motorcycle accident lawyer prove your case down the road. Get the contact info of any eyewitnesses to the accident.

Lastly, receive medical attention if you have not already.

What to Do in the Days, Weeks and Months Afterwards

Once you have gotten medical treatment, notify both your insurance company and the other driver's. Then, speak to an Illinois motorcycle accident lawyer about your case. If your injuries are significant, you will likely need one to get full compensation. While communicating with your attorney, it is important to:

• Continue medical treatment — This is not only vital for your health, but is paramount to building your case. In order to prove your damages, you need to be able to point to medical records which show the extent of your injuries. The more medical expenses you have, the higher your ultimate compensation will be as well. Go to every follow up, chiropractic or physical therapy appointment your doctor wants you to.
• Keep detailed records — You are also entitled to compensation for lost wages from time spent recovering, and any out-of-pocket expenses you incur, such as transportation to and from medical appointments or hiring someone to help with housework. Keep detailed receipts and notes about why you needed to pay those expenses. You can also keep a daily journal detailing how your injuries have affected you physically and emotionally for a record of your pain and suffering.
• Do not talk to the insurance company — Once you have notified the insurance company about your claim and hired a motorcycle accident lawyer, let your attorney handle documentation and negotiation. Insurance adjusters use a lot of tricks to avoid paying claims, and it is better to leave communication up to an attorney who knows how to deal with them. Do not make a recorded statement before speaking to your attorney.
• Stay off social media — It is normal to want to share what is going on with your life with others. However, posting too much on social media can hurt your case. If you say your injuries are debilitating, and the insurance finds out you have been going out on the weekends, they will use it to try and deny your claim.

From your initial consultation, we will be in contact with you every step of the way until you get the full financial recovery you are owed. Let us handle the legal aspect of your case so you can focus on healing.

Do I Need a Motorcycle Accident Lawyer For My Illinois Claim?

For some minor claims, where there is no discrepancy about who is at fault and your medical expenses only include an emergency room visit, you may be able to get compensation on your own. Supply the insurance company with your records and expenses, and ask for a little more for inconvenience. In a smaller settlement where not much is disputed, the adjuster is not going to want to waste their time.

However, in most cases, you will need a motorcycle accident attorney for your injury claim. While it would be nice if insurance companies fulfilled their obligations when their policyholders injure someone, they usually have to be convinced to. Situations where you will need an Illinois motorcycle accident lawyer include:

• Your injuries are severe — The more your medical expenses and lost wages, the more the insurance company will be resistant to reimbursing you for it. If your injuries require ongoing treatment or result in permanent disability, you will absolutely need an attorney to precisely value your damages.
• The insurance company's offer is far below your damages — If your damages are in the tens or hundreds of thousands, and the insurance company's offer is no where close to that, they are trying to take advantage of you and convince you that you do not know how much you are owed. By hiring an attorney, the insurance company will know that you mean business. In a recent case, Burger Law was able to turn a $3,900 offer into a $100,000 settlement.
• There are multiple liable parties — In some accidents, especially multi-vehicle accidents, there may be more than one person who was negligent and caused your injuries. For example, a driver may merge into your line while not looking for you, causing you to swerve and hit a pothole that a local government should have fixed. An experienced Illinois motorcycle accident lawyer will be able to investigate the accident and assign a portion of the damages to each liable party. Finding other people who are liable is crucial if your damages exceed the at-fault driver's policy limits.
• You are being blamed for the accident — Blaming you for your injuries is a classic move insurance adjusters use to avoid paying you. When this happens, an attorney can step in and prove how the other party was negligent. If it is true that you were partially to blame, you can still make a recovery under Illinois's comparative negligence rule. However, you will need an attorney to apply the rule of law and get you that compensation.

Your Illinois motorcycle accident lawyer at Burger Law knows how to combat tricks insurance adjusters use. We have been doing it for over 30 years. Our consultations are free, so call us at (314) 500-HURT to see if we can add value to your claim. We start working from the moment you hire us, and do not let up until you get every bit of compensation you deserve.

Recent Burger Law Illinois Motorcycle Accident Victories

With any type of legal claim, results matter. You want to know that you are giving your case to the best possible lawyer, and that they are going to fight hard to make sure you get 100 percent of the recovery and compensation you deserve. A motorcycle accident lawyer saying they are the best is one thing, a lawyer with client testimonials and results that can prove it is another. Here are several of our most recent victories as well as client testimonials:

• $495,000 Uninsured Motorcycle Accident Verdict
• $327,000 Motorcycle Accident Settlement
• $250,000 Policy Limits Settlement
• $100,000 Motorcycle Liability Claim
• Maximum Recovery Obtained for Motorcycle Accident

View More FAQs

Do I Have an Illinois Motorcycle Accident Claim?

In order to file any Illinois injury claim, you must have been injured by someone else's negligence. There are five elements to proving negligence in a personal injury claim:

1. Duty of care — Did the liable party owe you a responsibility to keep you safe? 625 ILCS 5/11-1003.1 stipulates that "every driver of a vehicle shall exercise due care," so anyone else on the road automatically owes you that duty.
2. Breach of duty — Did they fail in that duty and cause an accident? Was another driver speeding, texting and driving, drunk driving or otherwise breaking the rules of the road?
3. Cause in fact — Did the accident cause your injuries?
4. Proximate cause — Did the person's negligence cause the accident? If the other driver's brakes were not working, the liable party may be a manufacturer and not the driver.
5. Damages — Did your injuries lead to losses, such as medical bills and pain and suffering? If your accident resulted in a few bruises or scrapes, but you did not need any medical treatment, you likely do not have a claim.

Any time somebody else's carelessness or recklessness injures you, you have an injury claim. Speak to a motorcycle accident attorney now at (314) 500-HURT if you have any doubts about the validity of your claim.

How Much is My Illinois Motorcycle Accident Claim Worth?

In any personal injury claim, you are owed compensation for:

• Economic damages, such as lost wages, medical bills and out-of-pocket expenses
• Non-economic damages, such as mental anguish, disfigurement and pain and suffering
• In some rare cases, you can receive punitive damages if the liable party's behavior was especially egregious, such as if they were drunk driving

Factors that determine how much you will recover include:

• The severity of your injuries; more significant injuries typically lead to higher medical bills and more pain and suffering
• Whether or not you contributed to the accident
• If you sustained permanent disfigurement or disability
• How your life has changed because of your injuries

At Burger Law, we are experts at calculating the full value of someone's injury claim and demanding the liable party pay all of it. If your injuries require ongoing medical care, we will ensure you also get money to pay for that, including calculating for inflation.

How Long Do I Have to File a Motorcycle Accident Claim in Illinois?

Under 735 ILCS 5/13-202, the statute of limitations for motorcycle accident claims in Illinois is two years. That means you only have two years from the date of the accident to file a lawsuit in court. There are some exceptions:

• If you or your loved one was under the age of 18 at the time of accident, they have until their 20th birthday
• If you or a loved one was under a legal disability at the time of the accident, they have two years until after the disability ended
• If the liable party leaves the state of Illinois for a period, that period does not account against the two years

While two years may seem like a long time, it takes time to properly build your case. Do not wait to contact a motorcycle accident lawyer after you have been injured in Illinois. Call us now at (314) 500-HURT.

What Are Common Causes of Motorcycle Accidents in Chicago, Illinois?

Motorcycles are not as easy to spot on the road, being smaller and taking up less space. Due to a phenomenon called "inattentional blindness," drivers are less likely to see a motorcycle — even when they are looking for one. This is because most drivers have programmed their brains to look for other cars, but not for motorcycles. Inattentional blindness contributes to many motorcycle accidents in Chicago and throughout Illinois.

The most common causes of motorcycles accidents are:

• Left-hand turns — According to the Motorcycle Legal Foundation, 42 percent of all fatal motorcycle crashes involve a car turning left while the motorcycle was going straight. These crashes mostly happen at intersections, and can be due to a car driver's intoxication, speeding or simple inattention.
• Other collisions — Head on collisions are also common between motorcycles and passenger cars. A car may also not see a motorcyclist when merging or changing lanes. These can also be caused by various instances of negligence. Motorcycles also have the highest rate of collisions with fixed objects, which may be due to a negligent construction company or governmental entity.
• Road hazards — Uneven pavement, potholes, dead animals, slick surfaces, gravel or other roadways debris often do not have much of an impact on a car. However, motorcycles are less stable and these hazards can cause a motorcyclist to lose control.
• Malfunctioning parts — Dozens of motorcycles are recalled every year, either by the manufacturer or by the National Highway Traffic Safety Administration. When dangerous bikes and components are not recalled, it can cause motorcycle accidents.