Motorcycle Accident Lawyer in Charleston, IL

The exhilaration you feel when riding a motorcycle can be canceled out by the injuries careless drivers cause when they do not respect your safety. If you were injured in a motorcycle accident in Charleston, IL, reach out to the motorcycle accident lawyers of Burger Law immediately at (312) 500-HURT or complete our online form for a free case review.

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

Motorcycles are a great way to enjoy yourself and connect with people who share your passions. There is a sense of freedom that a car just cannot emulate. Unfortunately, negligent drivers can turn that feeling into something horrific. Because motorcycles do not protect riders as well as enclosed vehicles, motorcycle accidents can cause serious injuries. When you are injured, there are immediate financial, physical and mental consequences and you need someone to stand by your side and ensure you are treated fairly. You need to find a law firm that has demonstrated that they can full compensation in motorcycle wreck cases in Charleston, IL.

Our attorneys and paralegals have over three decades of experience getting full financial recoveries for those injured through the negligence of another. 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 wants to limit your compensation. Our firm has a proven track record of successfully fighting the insurance companies and making sure that they treat our Charleston, IL clients fairly.

To find out more about what we can do for you, call a lawyer at (312) 500-HURT to discuss your motorcycle accident case today.

How Common Are Motorcycle Accidents in Charleston, IL?

Fourteen percent of motor vehicle deaths and four percent of injuries were sustained by motorcyclists, despite only barely over half a percent of vehicle traffic being motorcycles, according to data from the National Safety Council. In the United States, in 2020 there were 82,500 motorcycle accident injuries and 5,579 fatalities. In Illinois, of 3,077 motorcycle crashes, 2,404 caused injuries and 152 were deadly, according to the Illinois 2020 Crash Facts and Statistics. Regrettably, over half of those happened when the motorcycle was driving straight, which leads us to believe that the accidents were often because of a car or truck driver was not looking out for bikers. Crashes are most common in densely populated areas, especially on arterial roads.

According to findings from the Motorcycle Legal Foundation, Illinois is eighth in the country with over 280,000 registered motorcycles, and fittingly was eighth in the country in fatalities in 2017.

Nearly 50 percent of fatal motorcycle wrecks occur in the in the summer when the weather is nicer, and half happen between 6 p.m. Friday and 6 a.m. Monday.

What to Do After a Motorcycle Accident in Charleston, IL

There are a number things you should do, both at the accident site and throughout the length of your claim process, to make sure your recover from your injuries both physically and financially.

Immediately After The Accident

While any crash is jarring, it is vital to think rationally. Immediately after the crash, you should:

• Get out of harm’s way — 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 EMTs to arrive.
• Keep your gear on — Removing 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 the injuries caused in a motorcycle wreck can be catastrophic, it is probably best to get medical attention there instead of leaving and planning to seek medical attention at urgent care or a doctors’ appointment. Police will also be able to file a report stating who they believe is responsible 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 a variety of angles. Take more photos than you think you need. Something that may seem like it does not matter at first may be useful to a motorcycle accident lawyer in Charleston, IL when trying to prove who is responsible for your injuries down the road. See if there are eyewitnesses who can back up your claim.

Finally, receive medical attention if you have not already.

What to Do in the Ensuing Weeks and Months

Once you have gotten medical treatment, inform both your insurance company and the other driver’s. Then, speak to a motorcycle accident lawyer in Charleston, 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 not only vital for your health, but is also paramount to building your case. You need to prove how much that accident hurt you, and to do that you need to be able to point to medical records which detail the extent of your injuries. The the higher your financial loss, the higher your non-economic damages compensation will be as well. Make sure you attend every follow up, chiropractic or physical therapy appointment your doctor wants you to.
• Keep Detailed Records — You are also entitled to a financial recovery 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 chores around the house. Keep all of your receipts and notes about why those charges were necessary. You can also keep a daily journal showing the non-tangible impact of your injuries and your pain and suffering.
• Leave the Insurance Company up to Your Attorney — Once you have filed your claim and enlisted the services of a motorcycle accident lawyer, let your attorney handle documentation and negotiation. Insurance adjusters try to employ a lot of ploys to avoid paying claims, but your attorney will know how to deal with them.
• Resist Social Media — In this day and age, many of us want to share details about our life with others. However, even a well-meaning post can do damage to your claim. If you say your injuries are debilitating, and the insurance sees pictures of you going out on the weekends, they they can say your injuries are not actually that severe.

From the first time you speak with us, we will keep you completely in the loop until you get the full financial recovery you are owed. Let us deal with the legal aspect of your case so you can spend your energy on on healing.

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

For accidents involving minor injuries, where fault is clearly established and your medical bills only include an urgent care visit, a lawyer may not be able to add much value to your claim. Supply the insurance company with proof of your financial losses, and ask for a little more for the hassle. In a a settlement for a relatively small sum of money where not much is disputed, the adjuster will only lose money if they try to deny your claim.

However, in most cases, hiring a motorcycle accident lawyer will be the only way to get fair compensation in your injury claim. While in a perfect world insurance companies would fulfill their responsibility 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 Charleston, IL include:

• Your injuries are severe — The higher your damages, the more the insurance company will be resistant to reimbursing you for it. If your injuries require future medical treatment or prevent you from earning a living as you used to, you will always need an attorney to precisely value your damages.
• Your damages and the insurance company’s offer are way too far apart — 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. If there is an attorney working on your claim, 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 liable parties — With some injuries, especially wrecks involving more than one vehicle, there may be more than one person who was negligent. For example, a driver may cut your off because they did not see you, causing you to take defensive action and hit an improperly cordoned-off construction zone. An aggressive Charleston, IL motorcycle accident lawyer will conduct a full investigation into the accident and assign a portion of the damages to each liable party. 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 the accident — Blaming you for your injuries is a frequent trick insurance adjusters use to avoid paying you. If the insurance company say your injuries are your own fault, an attorney use their investigate skills and network of experts to prove that is not the case. If you were indeed responsible for a portion of the accident, you can still make a recovery under Missouri’s comparative negligence doctrine. However, you will need an attorney to apply the rule of law and get you that compensation.

Your Charleston, IL motorcycle accident lawyer at Burger Law knows how to combat tactics insurance adjusters use. We have been doing it for more than 30 years. We offer an initial conversation and investigation for free, so speak to an attorney today at (312) 500-HURT to see what we can do for your claim. We start working from the second you hire us, and fight until there is nothing left to fight.

Recent Burger Law Charleston, IL Motorcycle Accident Victories

You need a lawyer who has shown they can get results in your type of claim before. Any motorcycle accident lawyer can say they are the best, but a lawyer with client testimonials and results to prove it is another thing. Check out the following links to see some recent Burger Law motorcycle accident victories and 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 Charleston, IL?

In order to have a valid claim in Charleston, 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 liable party have a duty to keep you safe? 625 ILCS 5/11-1003.1 says 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 cause an accident? Was another motorist 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 breach of duty cause the accident? If the other driver’s brakes were malfunctioning, the liable party may be a manufacturer and not the driver?.
5. Damages — Did your injuries lead to losses, such as lost wages and emotional distress? If your accident caused some small lacerations and bruising, 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 today at (312) 500-HURT if you are unsure if you have a claim.

How Much is My Charleston, IL Motorcycle Accident Claim Worth?

Your compensation will be a combination of:

• Economic damages, such as money you lost out on from time off work recovering, medical bills and out-of-pocket expenses
• Non-economic damages, such as emotional distress, scarring and pain and suffering
• While not common, you may be able to be awarded punitive damages if the liable party’s behavior was especially egregious, such as if they were drunk driving

Factors that might make your compensation higher or lower 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 the accident led to permanent disfigurement or disability
• The impact the injuries have had on your ability to enjoy life

At Burger Law, our injury attorneys know how to calculate every dime you are owed and demand that the liable party pay all of it. If your injuries lead to future economic damages like lost earning capacity or future surgeries, 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 Charleston, IL?

Pursuant to 735 ILCS 5/13-202, the time limit for motorcycle accident injuries in Charleston, IL is two years. That means you only have two years from the date of the accident to file a claim. 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 when the injuries occurred, they have until two years after the disability ended
• If the liable party leaves the state of Illinois for a time, 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 hesitate to call a motorcycle accident lawyer after you were hurt in a motorcycle accident in Charleston, IL. Call us today at (312) 500-HURT.

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

Motorcycles are not as easy to spot on the road, being smaller. Because of 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 is a leading cause of motorcycle accidents in Charleston, IL.

The most common causes of motorcycles accidents are:

• Left-hand turns — The Motorcycle Legal Foundation reports that over 40 percent of all fatal motorcycle crashes involve a car turning left while and hits a motorcyclist in an intersection. These crashes can happen because of a car driver’s drunkenness, reckless driving or distracted driving.
• Other collisions — Head on collisions also occur frequently between motorcycles and other types of vehicles. It is also common for a car not see a motorcyclist when turning in front of them. Motorcycles also have the highest rate of collisions with fixed objects, which is not always the motorcyclist’s fault.
• Road hazards — Uneven pavement, potholes, dead animals, gravel or other roadways debris usually do not affect a vehicle with more than two wheels very much. However, motorcycles do not have the same level of stability and these hazards can cause a motorcyclist to lose control.
• Malfunctioning components — 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 collisions.

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

Ninety-four percent of all motor vehicle accidents are caused by driver error. So, most of the time another motorist is responsible for your injuries. However, other parties that may be held liable include:

• A governmental body or contracting company for not repairing or negligent repairing a road
• A motorcycle manufacturer in a product liability claim
• A employer if their employee injured you while driving, for example in a commercial truck accident

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

Governmental entities are supposed to keep their roadways safe for use by everyone on the roads, and when obstruction or other objects in the road cause an accident, the state can be held responsible for the motorcycle accident. However, the state of Illinois does not make it easy to sue them. Our motorcycle accident lawyers in Charleston, IL can pick up your claim and take the fight to city hall to get you the compensation you deserve.

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

Motorcyclists are not only at increased risk of a serious injury, but are more likely to be in a fatal accident. If your worst nightmare came true and someone you love died in a motorcycle crash, you can make a wrongful death claim. While no settlement or verdict can fill the whole that is left, it can bring a sense of justice and ease some of the difficulties associated with their 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.
• There are three categories of people who can file a wrongful death claim in Illinois. Beginning with who has priority, they are:
  1. Members of the nuclear family, such as a spouse, children, grandchildren and grandparents
  2. When there are no immediate family members, siblings and nieces and nephews can bring a suit
  3. If no family remains, a judge can appoint a plaintiff ad litem to bring a suit
• The damages you can recover include:
  • Under 755 ILCS 5/27-6, the Illinois Survival Act, the economic and noneconomic damages the deceased incurred from their injuries before passing
  • Funeral expenses
  • Loss of financial support from the deceased, including any work-related benefits
  • Loss of consortium
  • Loss of instruction, education and moral training the deceased would have provided
  • Survivors’ grief, sorrow and mental suffering

Burger Law’s Charleston, IL wrongful death attorneys are not just skilled at securing full compensation. We are empathetic and have helped many families navigate the sorrow, anger and confusion that accompanies a fatal auto accident.

In addition to motorcycle accidents, other personal injury cases we we have had great success with in Charleston, IL include:

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

HIRE BURGER LAW

Speak to a Motorcycle Accident Lawyer Charleston, IL Today

Our Charleston, IL motorcycle accident lawyers will fight until you get the maximum compensation you are owed; we promise. 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 Charleston, IL personal injury law firm will fight for your rights, call our team at (312) 500-HURT or contact us online for a free case evaluation.