Motorcycle Accident Lawyer in Elburn, IL

Motorcycle Accident Lawyer in Elburn, IL

The sense of freedom a motorcycle comes with can be ripped away from you by the injuries careless drivers cause when they do not follow the rules of the road. If another driver injured you in Elburn, IL, speak to the motorcycle accident lawyers of Burger Law now at (779) 800-HURT or contact us online for a no-risk, no-obligation case review.

If you were injured in a motorcycle accident in Elburn, 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 the road and relax. You get a feeling of the open road that you do not get in an enclosed vehicle. Regrettably, this freedom also comes with a high price. Because of their relative lack of protection, motorcycle accidents can cause serious injuries. When you are injured, it carries economic, physical and mental consequences and you need someone to fight for you. You want an attorney with a proven track record of winning motorcycle wreck claims in Elburn, IL.

Burger Law has more than seven decades of combined experience winning cases in negotiations and in the court room. Our motorcycle accident lawyers will fight until we win your case and there is nothing left to fight. Do not talk to your insurance or the other side’s insurance without speaking to an attorney first. The insurance adjuster is out to limit your financial settlement. We know how to stand up to insurance companies and ensure that they treat our Elburn, IL clients fairly.

To learn more about how our personal injury law firm will fight for your rights, call a lawyer at (779) 800-HURT to go over your motorcycle accident claim immediately.

How Common Are Motorcycle Accidents in Elburn, IL?

Even though motorcycles make up only .06 percent of all vehicle miles traveled nationwide, they made up four percent of all injuries and 14 percent of all deaths in traffic-related accidents in 2020, according to the National Safety Council. In the United States, in 2020 82,000 people were injured and 5,579 perished in motorcycle crashes. In Illinois, there were 3,077 motorcycle crashes which resulted in 2,404 injuries and 152 deaths, according to the Illinois 2020 Crash Facts and Statistics. Unfortunately, over 50 percent of those crashes came when the motorcycle was driving straight, which means the accidents were often caused by another driver failing to notice motorcyclists. Most of the crashes occurred in metropolitan areas, especially around tolls.

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

The most common season for motorcycle crashes is summer, and half of all wrecks happen on the weekends.

What to Do After a Motorcycle Accident in Elburn, IL

There are several steps you should take, both at the accident site 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 collision is surprising and scary, it is important to keep a clear head. At the accident site, you should:

• Get to safety — If you can, move out of the way of oncoming traffic. Leave your motorcycle behind. It is obviously important to you, but staying with the bike or trying to move it could make your injuries worse. If you are seriously injured, stay still and wait for EMTs to arrive.
• Do not take off your safety gear — Removing your helmet or other gear could also make injuries 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 a good idea to get medical attention there instead of leaving and planning to go to an emergency room yourself. Police will also be able to file a report relating who they believe is to blame for the accident.
• Gather evidence — Talk to any other motorists involved and request an insurance card. Take pictures of the accident, including how the vehicles are positioned and the surrounding areas. Take more photos than you think you need. Something that may seem like it does not matter at first may help a motorcycle accident lawyer in Elburn, IL prove who is responsible for your injuries 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 as quickly as possible.

What to Do Throughout the Claim Process

After you first seek medical care, inform both your insurance company and the other driver’s. Then, speak to a motorcycle accident lawyer in Elburn, 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:

• Get the Full Medical Treatment You Need — This is not only vital for your health, but is also vital to building your case. You need to prove how much that accident hurt you, and to do that you need to complete copies of medical medical records which show all of the costs and treatments you incurred because of your injuries. The the higher your financial loss, the higher your ultimate compensation will be as well. Go to every every treatment and use all of the equipment and medication your doctor orders for you.
• Keep Detailed Records — You also deserve compensation for lost wages from time your injuries caused you to miss out from work, and any out-of-pocket expenses that were necessary, such as transportation to and from medical appointments or hiring someone to help with housework. Keep all of your receipts and notes about why those charges were due to your injury. It may also be a good idea to keep a daily journal detailing 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, your attorney will will now be intermediary between you and the insurance. Insurance adjusters try to employ a lot of tactics to devalue claims, and it is better to leave communication up to a lawyer who knows how to make the adjuster be honest.
• Stay off Social Media — In this day and age, many of us want to share details about our life with others. However, posting too much on social media can ruin your claim. If you say your injuries are debilitating, and the insurance finds out you have been at a bar, they they can say your injuries are not actually that severe.

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. Allow us to deal with the investigation, documentation, negotiation and litigation so you can spend your energy on on healing.

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

For minor and clear-cut accidents, where fault is clearly established and your medical expenses are no more than an emergency room visit, you may be able to get compensation on your own. Give the insurance company proof of your financial losses, and see if they will throw some extra money on top for the trouble. In a a settlement for a relatively small sum of money where their policyholder is clearly liable, the adjuster is not going to want to waste their time.

However, more likely than not hiring a motorcycle accident lawyer will be the only way to get fair compensation in your injury claim. While it would be nice if insurance companies fulfilled their duty when someone is injured by their policyholders’ negligence, they usually have to be convinced to. You will almost certainly need a motorcycle accident lawyer in Elburn, IL if:

• Your injuries are significant — The higher your damages, the more the insurance company will try to avoid their responsibility. 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 convince the insurance company to pay for future damages as well.
• The insurance company is not being fair — 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 convince you that you do not know how what fair compensation means in your case. If there is a lawyer working on your claim, 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 parties at fault — With some accidents, especially multi-vehicle accidents, there may be more than one party that caused your injuries. For example, a driver may merge into your line while not looking for you, causing you to take defensive action and hit an improperly cordoned-off construction site. An experienced Elburn, IL motorcycle accident lawyer will conduct a full investigation into the crash and determine all liable parties. Identifying everyone who is liable is imperative 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 move insurance adjusters use to avoid paying you. If the insurance company say your injuries are your own doing, an attorney can step in and conclusively demonstrate that is not the case. If it is true that you were partially to blame, 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 Elburn, IL motorcycle accident lawyer at Burger Law knows how to combat tricks insurance adjusters use. We have been doing it for over 30 years. We offer an initial conversation and investigation for free, so speak to an attorney today at (779) 800-HURT to see what we can do for your claim. We get to work from the second you hire us, and do not give up until you get all of compensation you are owed.

Recent Burger Law Elburn, IL Motorcycle Accident Victories

You need a lawyer who has shown they can get results in your type of claim before. A motorcycle accident lawyer saying they are the best is one thing, but a lawyer whose former clients will recommend 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 Elburn, IL?

In order to have a successful claim in Elburn, IL, you must have been injured by another person’s negligence. There are five elements to proving negligence in a personal injury claim:

1. Duty of care — Did the other person have an obligation 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 that duty.
2. Breach of duty — Were they neglectful in that duty and cause an accident? Was the other driver speeding, texting and driving, drunk driving or otherwise breaking the rules of the road?
3. Cause in fact — Were your injuries the direct result of the accident?
4. Proximate cause — Did the person’s negligence cause the accident? If the other driver’s brakes were not working, the person who needs to compensate you may be a manufacturer and not another motorist?.
5. Damages — Did you sustain losses because of your injuries, such as medical bills and pain and suffering? If your accident resulted in some bumps and bruises, but they healed without any medical treatment, it would be hard for you to file a claim.

If you were injured through another’s negligence, you have an injury claim. Consult with a motorcycle accident attorney now at (779) 800-HURT if you have any doubts about the validity of your claim.

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

Your compensation will be a combination of:

• 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 may be able to be awarded punitive damages if you were injured by extreme recklessness, such as drunk driving

Factors that determine how much you will recover include:

• The severity of your injuries; more significant injuries typically lead to higher economic and noneconomic damages
• 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 live the life you are used to

At Burger Law, our injury attorneys know how to calculate every dime you are owed and insist 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 adjusting for inflation.

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

Pursuant to 735 ILCS 5/13-202, the statute of limitations for motorcycle accident claims in Elburn, IL 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 a minor at the time of accident, they have until two years after their 18th 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 negligent party is outside of the state of Illinois for a period, that time does not account against the two years

While two years does not sound like it should give you a sense of urgency, investigating and developing a legal strategy for your claim takes time. Do not hesitate to reach out to a motorcycle accident lawyer after you have been injured in Elburn, IL. Call us now at (779) 800-HURT.

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

Motorcycles are harder for drivers of enclosed vehicles to see, do not take up as much space on the road. Because of something known as “inattentional blindness,” drivers are less likely to see a motorcycle — even if they are doing their due diligence. This is because we train our brains to be aware of larger vehicles, but not for motorcycles. Inattentional blindness is a leading cause of motorcycle accidents in Elburn, IL.

Most motorcycle accidents occur because of:

• Left-hand turns — The Motorcycle Legal Foundation reports that over 40 percent of all motorcycle accidents that result in deaths involve a car turning left while and hits a motorcyclist in an intersection. These crashes can be the result of a motorist’s drunkenness, reckless driving or simple inattention.
• 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 merging or changing lanes. 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, wet or icy roadways or other debris on our streets usually do not affect a car or truck very much. However, motorcycles are less stable and these hazards can cause a motorcyclist to fall.
• 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 lead to motorcycle crashes.

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

Ninety-four percent of all auto accidents are the result of human error. So, most of the time another motorist is liable. However, other parties that may be held accountable include:

• A governmental entity or construction company for not repairing or negligent repairing a road
• A motorcycle designer, manufacturer or vendor in a product liability claim
• A employer if their employee injured you while driving, such as in a commercial truck accident

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

Governmental bodies are tasked with keeping their roadways safe for use by everyone on the roads, and when there are road hazards that cause an accident, the agency responsible for the neglect can be held liable for the motorcycle accident. However, the state of Illinois does not make it easy to sue them. Our motorcycle accident lawyers in Elburn, 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 Elburn, IL. What Are My Legal Options?

Motorcyclists are not only at higher risk of a catastrophic injury, but are more likely to be in a fatal accident. If you were touched by tragedy and a loved one died in a motorcycle crash, you can make a wrongful death claim. While it is impossible to put a monetary value on your loved one’s life 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:

• A wrongful death claim can be made when some is killed by another’s negligence or wrongdoing.
• The Illinois statute of limitations for wrongful death claims is two years from the date your loved one died, 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. Immediate family members, such as a spouse, children, grandchildren and grandparents
  2. When there are no immediate family members, siblings and siblings’ descendants can file a claim
  3. If no family remains, the court can appoint a plaintiff ad litem to bring a suit
• Your compensation will 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 your loved one, including any benefits related to their employment
  • Loss of consortium
  • Loss of instruction, guidance and moral training the deceased would have provided
  • Survivors’ grief, sorrow and mental suffering

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

In addition to motorcycle accidents, other personal injury claims we we have had great success with in Elburn, 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 Elburn, IL Today

Our Elburn, IL motorcycle accident lawyers will not stop fighting until there is nothing left to fight; we promise. You are owed a recovery 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 Elburn, IL personal injury law firm will fight for your rights, call our team at (779) 800-HURT or contact us online for a free consultation.