Motorcycle Accident Lawyer in Elmhurst, IL

Motorcycle Accident Lawyer in Elmhurst, IL

The sense of freedom a motorcycle comes with can be neutralized by the injuries negligent drivers cause when they do not pay attention to your safety. If you were injured in a motorcycle accident in Elmhurst, IL, reach out to the motorcycle accident lawyers of Burger Law now at (779) 800-HURT or contact us online for a complimentary case evaluation.

If you were injured in a motorcycle accident in Elmhurst, 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 a car just cannot emulate. Regrettably, there is a potentially dangerous trade-off. Because of their relative lack of protection, motorcycle accidents can cause serious injuries. When you are injured, there are instant economic, physical and mental consequences and you need someone to stand by your side and ensure you are treated fairly. You want a law firm that has demonstrated that they can get great results in motorcycle accident lawsuits in Elmhurst, IL.

Burger Law has more than 30 years 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. Do not talk to your insurance or the other side’s insurance without speaking to an attorney first. The insurance adjuster will try to minimize your recovery. We know how to fight insurance companies and ensure that they give 100 percent of what they owe our Elmhurst, IL clients.

To learn more about what we can do for you, call our team at (779) 800-HURT to discuss your motorcycle accident claim today.

How Common Are Motorcycle Accidents in Elmhurst, IL?

Despite the fact that motorcycles make up only .06 percent of all traffic miles traveled in the United States, they made up four percent of all injuries and 14 percent of all fatalities in traffic-related accidents in 2020, according to research from the National Safety Council. In the United States, in 2020 82,000 people were injured and 5,579 died in motorcycle crashes. 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, the majority of those happened when the motorcycle was going in a straight line, which means the accidents were often due to another driver failing to notice motorcyclists. Most of the crashes occurred in densely populated areas, especially on arterial roads.

According to findings from 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 deaths 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 Elmhurst, 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, try to stay as calm as possible. At the accident site, you should:

• Get to safety — If you are physically able, move out of the way of oncoming traffic. Leave your motorcycle where it is. It is obviously important to you, but trying to carry it could make your injuries worse. If you suspect you have a back or head injury, stay still and wait for emergency personnel.
• Keep your gear on — Removing your helmet, gloves, boots, jacket and other gear could also make injuries worse. Adrenaline may hide how bad an injury actually is.
• Call 911 — Because motorcycle accidents can cause severe injuries, it may be a good idea to get medical attention at the scene instead of trying to go to an emergency room yourself. Police are trained to assign fault in an accident, and will make a police report.
• 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 as many pictures as possible. Something that may seem like it does not matter at first may help a motorcycle accident lawyer in Elmhurst, IL prove someone else’s negligence down the road. See if there are eyewitnesses who can back up your side of the story.

Finally, if you did not seek medical treatment at the scene, do so as quickly as possible.

What to Do Throughout the Claim Process

Once you have gotten medical treatment, inform both your insurance company and the other driver’s. Then, speak to a motorcycle accident lawyer in Elmhurst, 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 obviously the best thing for your physical recovery, but is also key 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 detail the extent of your injuries. The more medical expenses you have, the higher your ultimate 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 a financial recovery for lost wages from time your injuries caused you to miss out from work, and any out-of-pocket expenses you incur, such as parking or gas money for going to medical appointments or hiring someone to help with housework. Manage a file with detailed receipts and notes about why those charges were due to your injury. You can also write down your every day experiences 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, let your attorney handle documentation and negotiation. Insurance adjusters use a lot of tactics to minimize claims, and it is better to leave communication up to an attorney 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 on the Internet. However, posting too much on social media can hurt your claim. If you say your injuries are debilitating, and the insurance finds out you have been at your friend’s barbecue, they will use it to try and devalue your claim.

From the moment you hire us, we will keep you completely in the loop until you get the maximum compensation you are owed. Allow us to handle the legal aspect of your case so you can focus on your physical and emotional recovery.

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

For some minor claims, where the liable party is taking accountability and your medical expenses only include an appointment with your primary care physician, you may be able to get compensation on your own. Give the insurance company your records and expenses, and see if they will throw some extra money on top for the trouble. In a smaller settlement where not much is disputed, the insurance company will only lose money if they try to deny your claim.

However, in the vast majority of cases, you will need the assistance of a motorcycle accident attorney for your injury claim. While in a a truly fair society insurance companies would fulfill their responsibility when someone is injured under their coverage, it usually takes a fair amount of fighting to get them to be fair. You will likely need a motorcycle accident lawyer in Elmhurst, IL if:

• Your injuries are significant — The more your medical expenses and time spent off work, 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 absolutely need an attorney to precisely value your damages.
• The insurance company is not being fair — If your damages are in the tens or hundreds of thousands, and the insurance adjuster is only offering a few thousand, they are trying convince you that you do not know how much you are owed. If there is a lawyer working on your claim, the insurance company will know that you are serious about getting the full compensation you deserve. Burger Law has added hundreds of thousands of dollars to claims, including turning a $3,900 offer into a $100,000 settlement.
• There is more than liable party — With some cases, especially multi-vehicle accidents, there may be more than one liable party. 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. A knowledgeable Elmhurst, IL motorcycle accident lawyer will be able to investigate the crash and determine all liable parties. 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 tactic insurance adjusters use to avoid paying you. If the insurance company say your accident was your own doing, an attorney use their investigate skills and network of experts to prove how the other party was negligent. If it is true that you were partially to blame, you can still receive some compensation under Missouri’s comparative negligence rule. However, you will need an attorney to apply the rule of law and get you that compensation.

Your Elmhurst, IL motorcycle accident lawyer at Burger Law knows how to combat dishonest ploys insurance adjusters use. We have been doing it for over three decades. We offer an initial conversation and investigation at no charge, so speak to an attorney now at (779) 800-HURT to see what we can do for your claim. We start developing our legal strategy from the moment you hire us, and fight until there is nothing left to fight.

Recent Burger Law Elmhurst, 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. 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 Elmhurst, IL?

In order to file any Elmhurst, IL 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 other person owe you an obligation to protect you from unreasonable harm? 625 ILCS 5/11-1003.1 states 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 did that breach lead to an accident? Was the other driver speeding, texting and driving, drunk driving or otherwise not following 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 not working, the liable party may be a manufacturer and not the driver?.
5. Damages — Did you sustain losses because of your injuries, such as medical expenses and emotional distress? If your accident resulted in some small lacerations and bruising, but you did not need any medical treatment, you likely do not have a claim.

If you were injured because of another’s negligence, you have an injury claim. Speak to a motorcycle accident attorney now at (779) 800-HURT if you are unsure if you have a claim.

How Much is My Elmhurst, 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
• In some rare cases, you can be awarded punitive damages if you were injured by extreme recklessness, such as drunk driving

Factors that might make your recovery higher or lower include:

• The severity of your injuries; more significant injuries usually lead to higher economic and noneconomic damages
• Whether or not you contributed to the accident
• If you sustained permanent disfigurement or disability
• The impact the injuries have had on your ability to live the life you are used to

At Burger Law, we know how to calculate the full value of someone’s injury claim and insisting the insurance company takes responsibility for all of it. If your injuries require ongoing medical care, we will ensure you also get money to pay for that, including accounting for inflation.

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

Pursuant to 735 ILCS 5/13-202, the statute of limitations for motorcycle accident injuries in Elmhurst, IL is two years. That means the clock starts ticking on the date you were injured 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 liable party leaves the state of Illinois for a time, that time does not account against the two years

While two years does not sound like it should give you a sense of urgency, it takes time to properly build your case. Do not hesitate to reach out to a motorcycle accident lawyer after you have been injured in Elmhurst, IL. Call us today at (779) 800-HURT.

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

Motorcycles are harder for passenger car drivers to see, as they take up less space. As a result of a phenomenon referred to as “inattentional blindness,” it is harder for drivers 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 larger vehicles, but not for motorcycles. Inattentional blindness contributes to many motorcycle accidents in Elmhurst, 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 the motorcycle was going straight. These crashes can happen because of a motorist’s drunkenness, speeding or distracted driving.
• Other collisions — Head on collisions are also common between motorcycles and passenger cars. 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, animal carcasses, wet or icy roadways 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 fall.
• Defective components — Dozens of motorcycles are recalled every year, either by the manufacturer or by the National Highway Traffic Safety Administration. If bikes or parts that are defective are allowed to stay on the market, it can cause motorcycle accidents.

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

Almost all motor vehicle accidents are caused by human error. So, most of the time another motorist is responsible for your injuries. However, depending on the specifics of your case, you may also be able to make a claim against:

• A governmental agency or contracting company for road hazards
• A motorcycle designer, manufacturer or vendor in a product liability claim
• A company if someone they hired injured you while driving, such as in a commercial truck accident

Can I Sue For My Elmhurst, 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 municipality may have to compensate you for your injuries. However, the state of Illinois does not make it easy to hold them accountable. Our motorcycle accident lawyers in Elmhurst, IL can take on your claim and guide you through the complexities of local and state laws to get you the compensation you deserve.

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

The dangers of motorcycles mean that bikers have a higher death rate than people in enclosed vehicles. If your worst nightmare came true and a loved one died in a motorcycle crash, you can make a recovery through a wrongful death claim. While it is impossible to put a monetary value on your loved one’s life 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 your loved one died, not the date that they were first injured.
• Three groups of people related to the deceased can file a wrongful death claim in Illinois. Beginning with who has the first chance to file, they are:
  1. Immediate family members, 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 there are no family members, the court can designate a plaintiff ad litem to file a claim
• Your compensation will include:
  • Under 755 ILCS 5/27-6, the Illinois Survival Act, the economic and noneconomic damages your loved one incurred from their injuries before their death
  • Funeral expenses
  • Loss of financial support from your loved one, 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 Elmhurst, 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 take on and win in Elmhurst, 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 Elmhurst, IL Today

Our Elmhurst, IL motorcycle accident lawyers will not stop fighting until there is nothing left to fight; we promise. You deserve to be financially compensated for your motorcycle accident. You do not have to pay for someone else’s mistakes. To learn more about how our Elmhurst, IL personal injury law firm will fight for your rights, call our team at (779) 800-HURT or contact us online for a complimentary case evaluation.