Motorcycle Accident Lawyer in McHenry County, IL

Motorcycle Accident Lawyer in McHenry County, IL

The sense of freedom a motorcycle comes with can be neutralized by the injuries careless drivers cause when they do not respect your safety. If another driver injured you in McHenry County, 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 consultation.

If you were injured in a motorcycle accident in McHenry County, 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 give yourself a sense of peace. You are connected to the road and your motorcycle in a way that you do not get in an enclosed vehicle. Unfortunately, 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 instant economic, physical and mental consequences and you need someone to fight for you. You need to find an attorney that has demonstrated that they can get great results in motorcycle collision lawsuits in McHenry County, IL.

Our team has over 30 years of experience getting maximum compensation for our clients. Our motorcycle accident lawyers will aggressively pursue every legal avenue to make sure justice is served. Do not talk to your insurance or the other side’s insurance without speaking to an attorney first. The insurance adjuster wants to limit your financial settlement. Our firm has a proven track record of successfully fighting the insurance companies and making sure that they give 100 percent of what they owe our McHenry County, IL clients.

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

How Common Are Motorcycle Accidents in McHenry County, IL?

Even though motorcycles account for only .06 percent of total traffic miles traveled nationwide, they made up four percent of all injuries and 14 percent of total fatalities in traffic-related accidents in 2020, according to research from the National Safety Council. Nationwide, in 2020 82,000 people were injured and 5,579 perished in motorcycle crashes. In Illinois, there were 3,077 motorcycle crashes which caused 2,404 injuries and 152 fatalities, according to the Illinois 2020 Crash Facts and Statistics. Regrettably, the majority of those occurred when the motorcycle was going in a straight line, insinuating that the accidents were often due to a car or truck driver failing to notice motorcyclists. Most of the crashes occurred in urban areas, especially around tolls.

According to research from the Motorcycle Legal Foundation, Illinois is eighth in the nation in terms of both registered motorcycles and motorcycle crash fatalities.

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 McHenry County, IL

There are a number steps you should take, both at the accident site and in the days and weeks that follow, to make sure your recover from your injuries both physically and financially.

At the Accident Site

While any accident can be jarring, it is vital to think rationally. At the accident site, you should:

• Get out of harm’s way — 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 make your injuries worse. If you suspect you have a spine or head injury, stay still and wait for emergency personnel.
• Do not remove your protective gear — Removing your helmet, gloves, boots, jacket and other gear could also exacerbate your injuries. 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 may be a good idea to get medical attention there 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 — Talk to any other motorists involved and ask for an insurance card. Take photographs of the accident, including how the vehicles are positioned and the surrounding areas. Take more photos than you think you need. Something you do not think is that big of a deal may be useful to a motorcycle accident lawyer in McHenry County, IL when trying to prove your case when you make your claim. See if there are eyewitnesses who can corroborate your claim.

Lastly, receive medical attention if you did not already do so.

What to Do Throughout the Claim Process

Once you have gotten medical treatment, inform the insurance company of everybody involved. Then, speak to a motorcycle accident lawyer in McHenry County, 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:

• Keep Going to Your Medical Appointments — 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 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 Track of Everything Related to Your Injuries — You are also entitled to reimbursement for lost wages from time spent recovering, 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 detailed receipts and notes about why you needed to pay those expenses. 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 hired a motorcycle accident lawyer, your attorney will will now be intermediary between you and the insurance. Insurance adjusters utilize a lot of tactics to devalue claims, and it is better to leave communication up to an attorney who knows how to combat them.
• Stay off Social Media — It is normal to want to share what is going on with your life on the Internet. 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 keep you updated throughout your claim until you get the full financial recovery you are owed. Allow us to handle the investigation, documentation, negotiation and litigation so you can focus on your medical treatment.

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

For accidents involving minor injuries, where there is no discrepancy about who is at fault and your medical expenses 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 their policyholder is clearly liable, the adjuster is not going to want to waste their time.

However, more likely than not you will need a motorcycle accident attorney for your injury claim. While it would be nice if insurance companies fulfilled their obligations when someone is injured under their coverage, it usually takes a fair amount of fighting to get them to do it. You will probably need a motorcycle accident lawyer in McHenry County, IL if:

• Your injuries require ongoing treatment — 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 is more than liable party — With some accidents, especially multi-vehicle accidents, there may be more than one person who was negligent. 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 zone. An aggressive McHenry County, IL motorcycle accident lawyer will conduct a full investigation into the accident 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 the accident — Blaming you for your injuries is a classic trick insurance adjusters use to avoid paying you. When this happens, an attorney can step in and conclusively demonstrate 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 best possible results.

Your McHenry County, IL motorcycle accident lawyer at Burger Law knows how to fight back against tricks insurance adjusters use. We have been doing it for over three decades. Our consultations are free, so call us at (779) 800-HURT to see if we can add value to your claim. We get to work from the second you hire us, and fight until there is nothing left to fight.

Recent Burger Law McHenry County, IL Motorcycle Accident Victories

With any type of legal claim, results matter. You want to feel confident 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. Any motorcycle accident lawyer can say they will fight for you, 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 McHenry County, IL?

In order to file any McHenry County, IL injury claim, 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 owe you an obligation to protect you from unreasonable harm? 625 ILCS 5/11-1003.1 stipulates that “every driver of a vehicle shall exercise due care,” so other motorists always owe you a duty of care.
2. Breach of duty — Did they fail in that duty and did that breach lead to an accident? Was another 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 malfunctioning, the person who needs to be held accountable for your injuries may be a manufacturer and not the driver?.
5. Damages — Did you sustain losses because of your injuries, such as lost wages and pain and suffering? If your accident resulted in some bumps and bruises, but it was not serious enough to seek 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 immediately at (779) 800-HURT if you have any doubts about the validity of your claim.

How Much is My McHenry County, 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, disfigurement and pain and suffering
• In some rare cases, you can 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 recovery 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 you sustained permanent disfigurement or disability
• How your life has changed because of your injuries

At Burger Law, our injury attorneys know how to calculate the full value of someone’s injury claim and demanding the liable party pay 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 McHenry County, IL?

According to 735 ILCS 5/13-202, the time limit for motorcycle accident claims in McHenry County, IL is two years. That means you only have two years from the date you were injured to file a claim. There are some exceptions:

• If you or your loved one was a minor 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 person responsible for your injuries is outside of 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, investigating and developing a legal strategy for your claim takes time. Do not hesitate to call a motorcycle accident lawyer after you have been injured in McHenry County, IL. Call us immediately at (779) 800-HURT.

What Are Common Causes of Motorcycle Accidents in McHenry County, IL?

Motorcycles are harder for passenger car drivers to see, as they take up less space. Due to something referred to as “inattentional blindness,” it is harder for drivers to see a motorcycle — even when they are looking for one. This is because we train our brains to look for other cars, but not for motorcycles. Inattentional blindness contributes to many motorcycle accidents in McHenry County, IL.

Most motorcycle accidents occur because of:

• Left-hand turns — The Motorcycle Legal Foundation reports that 42 percent of all motorcycle accidents that result in fatalities involve a car turning left while the motorcycle was going straight. These crashes can happen because of a motorist’s drunkenness, reckless driving 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 — Cracked pavement, potholes, dead animals, slick surfaces 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 spin out.
• 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 result in motorcycle accidents.

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

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

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

Can I Sue For My McHenry County, 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, suing a government entity in Illinois has added complications. Our motorcycle accident lawyers in McHenry County, 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 McHenry County, IL. What Are My Legal Options?

Motorcyclists are not only at higher risk of a serious injury, but are more likely to perish in a crash. 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 help provide some sense closure 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. Immediate family members, such as a spouse, children, grandchildren and grandparents
  2. If there are no immediate family members, siblings and siblings’ descendants can file a claim
  3. If there are no family members, a judge 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 economic and noneconomic damages your loved one incurred from their injuries before passing
  • 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 McHenry County, IL wrongful death attorneys are not just skilled at getting our clients full recoveries. We are compassionate and have helped many families get through the sorrow, anger and confusion that accompanies a fatal auto accident.

In addition to motorcycle accidents, other injury claims we take on and win in McHenry County, 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 McHenry County, IL Today

Our McHenry County, 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 McHenry County, 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.