Motorcycle Accident Lawyer in Batavia, IL

Motorcycle Accident Lawyer in Batavia, IL

The sense of freedom a motorcycle comes with can be ripped away from you by the harm reckless drivers can do to you when they do not pay attention to your safety. If you were injured in a motorcycle accident in Batavia, IL, reach out to the motorcycle accident lawyers of Burger Law now at (312) 500-HURT or complete our online form for a free case evaluation.

If you were injured in a motorcycle accident in Batavia, or anywhere in Illinois, find out how much your claim may be worth by using our free personal injury calculator.

Motorcycles are an ideal way to enjoy the road and relax. You are connected to the road and your motorcycle in a way that you do not get in an enclosed vehicle. Regrettably, there is a potentially dangerous trade-off. Because of their relative lack of protection, the consequences of a motorcycle accident can be devastating. When that happens to you, there are economic, physical and emotional consequences and you need someone to stand by your side and get you the compensation you deserve. You need to find a law firm with a proven track record of winning motorcycle accident cases in Batavia, IL.

Our team has over three decades of experience getting full financial recoveries for our clients. Our motorcycle accident lawyers will fight until we win your case and there is nothing left to fight. Always speak to a lawyer before agreeing to a settlement. The insurance adjuster is out to devalue your compensation. Our firm has a proven track record of successfully fighting the insurance companies and making sure that they give the full compensation they owe our Batavia, IL clients.

To find out more about what we can do for you, speak to an attorney at (312) 500-HURT to discuss your motorcycle accident claim now.

How Common Are Motorcycle Accidents in Batavia, IL?

Fourteen percent of motor vehicle deaths and four percent of injuries were sustained by motorcyclists, despite only only .06 percent of vehicle traffic being motorcycles, according to data from the National Safety Council. Nationwide, in 2020 there were 82,500 motorcycle accident injuries and 5,579 fatalities. In Illinois, of 3,077 motorcycle accidents, 2,404 caused injuries and 152 were fatal, according to the Illinois 2020 Crash Facts and Statistics. Regrettably, the majority of those happened when the motorcycle was going in a straight line, insinuating that the accidents were often due to another driver was not looking out for bikers. Crashes are most common in metropolitan areas, especially on arterial roads.

According to the Motorcycle Legal Foundation, Illinois is eighth in the country with close to 300,000 registered motorcycles, and fittingly was eighth in the country in fatalities in 2017.

Just under 50 percent of fatal motorcycle accidents occur in the between June and September, and 50 percent occur between Friday night and Monday morning.

What to Do After a Motorcycle Accident in Batavia, IL

There are a number things you should do, both in the immediate wake of an accident and in the days and weeks that follow, to ensure you make both a physical and financial recovery.

Immediately After The Accident

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

• Get to safety — If possible, get to the side of the road and away from other vehicles coming down the street. Leave the bike. It is obviously important to you, but trying to carry it could put you at risk of further harm. If you believe your injuries may be catastrophic, stay still and wait for emergency medical services.
• Do not remove your protective gear — Taking off your helmet or other gear could also make serious injuries even worse. Because of adrenaline, a serious injury may not always hurt as much at first.
• Call 911 — As motorcycle accidents can cause severe injuries, it may be a good idea to be looked over at the scene instead of leaving and planning to seek medical attention later. Police will also be able to file a report relating who they believe is liable for the accident.
• Gather evidence — Speak to the other driver and get their insurance information. Take photographs of all vehicles and the crash site from different positions. Take as many pictures as possible. Something you do not think is that big of a deal may help a motorcycle accident lawyer in Batavia, IL prove someone else’s negligence in the future. Get the contact info of any eyewitnesses to the accident.

Finally, if you did not opt to get medical treatment at the crash site, do so immediately.

What to Do in the Days, Weeks and Months Afterwards

After you first seek medical care, inform both your insurance company and the other driver’s. Then, speak to a motorcycle accident lawyer in Batavia, IL 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 obviously the best thing for your health, but aids your financial recovery as well. You need to prove that you sustained financial losses, and to do that you need to complete copies of medical medical records which show all of the treatments and related expenses you incurred because of your injuries. The more medical expenses you have, the higher your non-economic damages compensation will be as well. Go to every every treatment and use all of the equipment and medication your doctor wants you to.
• Keep Track of Everything Related to Your Injuries — You are also entitled to reimbursement for lost wages from time when you were unable to work due to your injuries, and any out-of-pocket expenses that were necessary, such as transportation to and from medical appointments or hiring someone to help look after your kids. Keep detailed receipts and notes about why those charges were due to your injury. You can also keep a daily journal showing the non-tangible impact of your injuries and your pain and suffering.
• Do Not Talk to the Insurance Company — Once you have filed your claim and hired a motorcycle accident lawyer, your attorney will will now be intermediary between you and the insurance. Insurance adjusters use a lot of tricks to devalue claims, and it is better to leave communication up to a lawyer who knows how to hold the adjuster accountable.
• Stay off Social Media — In this day and age, many of us want to share details about our life on social media. However, even a well-meaning post can do damage to your claim. If you tell the insurance company that your injuries prevent you from working, and the insurance finds out you have been at your friend’s barbecue, they will use it to attempt to deny your claim.

From your initial consultation, we will be in contact with you every step of the way until you get the maximum compensation you are owed. Allow us to deal with the investigation, documentation, negotiation and litigation so you can focus on healing.

Do I Need a Motorcycle Accident Lawyer in Batavia, IL For My Claim?

For accidents involving minor injuries, where the liable party is taking accountability and your medical bills only include an urgent care visit, a lawyer may not be able to add much value to your claim. Give the insurance company proof of your financial losses, 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 the assistance of a motorcycle accident attorney for your injury claim. While in a perfect world insurance companies would fulfill their obligations when their policyholders injure someone, it usually takes a fair amount of fighting to get them to be fair. Situations where you will need a motorcycle accident lawyer in Batavia, IL include:

• Your injuries require ongoing treatment — The higher your damages, the more the insurance company will fight back against your claim. If your injuries require future medical treatment or prevent you from earning a living as you used to, you will absolutely need an attorney to hold the insurance adjuster accountable for all of your damages.
• The insurance company is not being fair — If your damages are starting to creep up into the tens of thousands, and the insurance company’s offer is no where close to that, they are trying convince you that you do not know how what fair compensation means in your case. If you enlist the services of an attorney, the insurance company will know that you are serious about getting the full compensation you deserve. In a recent case, Burger Law was able to turn a $3,900 offer into a $100,000 settlement.
• There are multiple parties at fault — With some accidents, especially crashes involving more than one vehicle, there may be more than one liable party. For example, a driver may cut your off while not looking for you, causing you to swerve and hit an improperly cordoned-off construction zone. A talented Batavia, IL motorcycle accident lawyer will conduct a full investigation into the accident and determine all liable parties. Finding other people who are liable is key if you are owed more compensation than the at-fault driver’s policy limits.
• The insurance adjuster is trying to blame you for your injuries — Blaming you for your injuries is a well-known trick insurance adjusters use to avoid paying you. When this happens, an attorney will fight back prove how the other party was negligent. If you were indeed responsible for a portion of the accident, you are not completely barred from compensation under Missouri’s comparative negligence doctrine. However, a lawyer is likely necessary to get you the most possible compensation.

Your Batavia, IL motorcycle accident lawyer at Burger Law knows how to combat dishonest ploys insurance adjusters use. We have been doing it for more than three decades. Our consultations are free, so call us at (312) 500-HURT to see if we can add value to your claim. We start working from the second you hire us, and fight until there is nothing left to fight.

Recent Burger Law Batavia, IL Motorcycle Accident Victories

With any type of legal claim, results matter. You want to feel confident that you are putting your case in the hands of 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 know how to get full compensation is one thing, but a lawyer whose former clients will vouch for them and who has the results to prove it is another thing. 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

Do I Have a Motorcycle Accident Claim in Batavia, IL?

If you want to have a successful claim in Batavia, IL, you must have sustained an injury that was caused by someone else’s negligence. There are five elements to proving negligence in a personal injury claim:

1. Duty of care — Did the other person owe you a duty to protect you from unreasonable harm? 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 a duty of care.
2. Breach of duty — Did they fail in that duty and did that breach lead to an accident? Was the other driver speeding, texting and driving, drunk driving or otherwise breaking proper procedure behind the wheel?
3. Cause in fact — Did the accident cause your injuries?
4. Proximate cause — Whose breach of duty caused the accident? If the other driver’s brakes were malfunctioning, the liable party may be a manufacturer and not another motorist?.
5. Damages — Did your injuries lead to losses, such as medical expenses and mental anguish? If your accident caused some bumps and bruises, but it was not serious enough to seek medical treatment, it would be hard for you to make a claim.

If you were injured through another’s negligence, you have an injury claim. Speak to a motorcycle accident attorney today at (312) 500-HURT if you are unsure if you have a claim.

How Much is My Batavia, IL 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
• While not common, you might be able to receive punitive damages if you were injured by extreme recklessness, such as drunk driving

Factors that might make your compensation higher or lower include:

• The severity of your injuries; more significant injuries tend to lead to higher economic and noneconomic damages
• Whether or not you were partially to blame for your injuries
• If the accident led to permanent disfigurement or disability
• The impact the injuries have had on your ability to enjoy life

At Burger Law, we know how to calculate every dime you are owed and demand that the insurance company takes responsibility for all of it. If your injuries require ongoing medical care, that will also be part of your settlement or verdict, including accounting for inflation.

How Long Do I Have to File a Motorcycle Accident Claim in Batavia, IL?

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

• If you or your loved one was under the age of 18 when the injuries occurred, they have until two years after their 18th birthday
• If you or a loved one was under a legal disability at the time of accident, they have until two years after the disability ended
• If the liable party leaves the state of Illinois for a time, that time 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 reach out to a motorcycle accident lawyer after you were hurt in a motorcycle accident in Batavia, IL. Call us immediately at (312) 500-HURT.

What Are Common Causes of Motorcycle Accidents in Batavia, IL?

Motorcycles are harder for drivers of enclosed vehicles to see, as they take up less space. As a result of something known as “inattentional blindness,” drivers are less likely to see a motorcycle — even if they are doing their best to be careful. This is because most drivers have programmed their brains to be aware of other cars, but not for motorcycles. Inattentional blindness is a leading cause of motorcycle accidents in Batavia, IL.

Most motorcycle accidents occur because of:

• Left-hand turns — The Motorcycle Legal Foundation reports that almost half of all fatal motorcycle crashes involve a car turning left while the motorcycle was going straight. These crashes can happen because of a motorist’s intoxication, speeding or generally not paying close enough attention to the road.
• Other collisions — Head on collisions are also common between motorcycles and other types of vehicles. It is also common for a car not see a motorcyclist when merging or changing lanes. Motorcycles also collide with fixed objects more than any other type of motorist, which is not always the motorcyclist’s fault.
• Road hazards — Cracked pavement, potholes, dead animals, gravel or other debris on our streets often do not have much of an impact on a car. However, motorcycles are less stable and these hazards can cause a motorcyclist to spin out.
• Malfunctioning components — Manufacturers and National Highway Traffic Safety Administration recall dozens of motorcycles annually. When dangerous bikes and components are not recalled, it can result in motorcycle collisions.

Who is Liable for My Motorcycle Accident Injuries in Batavia, IL?

Almost all motor vehicle accidents are due to human error. So, most likely, you will make a claim against another driver. However, other parties that may be held liable include:

• A governmental agency or contracting company for road hazards
• A vehicle designer, manufacturer or vendor for a defective product
• A company if someone they hired injured you while driving, for example in a commercial truck accident

Can I Sue For My Batavia, IL Motorcycle Accident if it Did Not Involve Another Vehicle?

States and municipalities are supposed to keep their roadways safe for citizens to travel on, and when there are road hazards that cause an accident, the state can be held accountable for the motorcycle accident. However, the state of Illinois does not make it easy to hold them accountable. Our motorcycle accident lawyers in Batavia, IL can pick up your claim and guide you through the complexities of local and state laws to secure you a full financial recovery.

A Loved One Was Killed in a Motorcycle Crash in Batavia, IL. What Are My Legal Options?

Motorcyclists are not only at higher risk of a catastrophic injury, but are more likely to perish in a crash. If tragedy struck and someone you love passed away in a motorcycle crash, you can make a recovery through a wrongful death claim. While no amount of money can bring back your loved one, it can help provide some sense closure and ease the financial burden that come with your loved one’s passing. 740 ILCS 180/, the Illinois Wrongful Death Act, details the laws surrounding wrongful death claims:

• You can make a wrongful death claim for negligence, just as your loved one would have made an injury claim if they were injured.
• The Illinois statute of limitations for wrongful death claims is two years from the date of your loved one’s death, not the date of the accident.
• Three groups of people related to the deceased can file a wrongful death claim in Illinois. In order of priority, they are:
  1. Members of the nuclear family, such as a spouse, children, grandchildren and grandparents
  2. If there are no immediate family members, siblings and nieces and nephews can bring a suit
  3. If there are no family members, the court can appoint a plaintiff ad litem to file a claim
• The damages you can recover include:
  • Under 755 ILCS 5/27-6, the Illinois Survival Act, the personal injury damages incurred by the deceased before their death, for example their medical bills, lost wages and pain and suffering
  • Funeral expenses
  • Loss of financial support from the deceased, including any work-related benefits
  • Loss of consortium
  • Loss of instruction, guidance and moral training the deceased would have provided
  • Survivors’ grief, sorrow and mental suffering

Burger Law’s Batavia, IL wrongful death attorneys are not just skilled at getting our clients full recoveries. We are empathetic and have helped many families navigate the sorrow, anger and confusion that comes after a fatal auto accident.

In addition to motorcycle accidents, other injury claims we we have had great success with in Batavia, IL include:

• Truck Crash Lawyers in Illinois
• Wrongful Death Lawyers in Illinois
• Semi-Truck Accident Lawyer in Illinois
• Car Accident Attorney in Illinois

Speak to a Motorcycle Accident Lawyer Batavia, IL Today

Our Batavia, IL motorcycle accident lawyers will not stop fighting until there is nothing left to fight; that is our guarantee. You deserve to be financially compensated for your motorcycle accident. You did nothing to deserve being in this situation, and you should not have to pay for it. To learn more about how our Batavia, IL personal injury law firm will fight for your rights, call our team at (312) 500-HURT or complete our online form for a free consultation.