Motorcycle Accident Lawyer in South Elgin, IL

Motorcycle Accident Lawyer in South Elgin, IL

The sense of freedom a motorcycle comes with can be canceled out by the harm negligent drivers can do to you when they do not respect your safety. If another driver injured you in South Elgin, IL, call 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 South Elgin, 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 give yourself a sense of calm. 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 motorcycles do not protect their occupants as well as enclosed vehicles, the consequences of a motorcycle accident can be devastating. When you are injured, there are instant financial, 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 wreck lawsuits in South Elgin, IL.

Our attorneys and paralegals have more than 30 years 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 accepting an insurance company’s offer. The insurance adjuster will try to devalue your compensation. Our firm has a proven track record of successfully fighting the insurance companies and making sure that they treat our South Elgin, IL clients fairly.

To discover more about how our personal injury law firm will defend your rights, call an attorney at (779) 800-HURT to discuss your motorcycle accident case immediately.

How Common Are Motorcycle Accidents in South Elgin, IL?

Despite the fact that motorcycles account for only .06 percent of total vehicle miles traveled in the United States, they accounted for four percent of all injuries and 14 percent of all deaths in traffic-related accidents in 2020, according to research from the National Safety Council. Nationwide, in 2020 there were 82,500 motorcycle accident injuries and 5,579 deaths. In Illinois, of 3,077 motorcycle collisions, 2,404 caused injuries and 152 were deadly, according to the Illinois 2020 Crash Facts and Statistics. Sadly, over half of those occurred when the motorcycle was driving straight, which means the accidents were often due to a car or truck driver failing to notice motorcyclists. Most of the crashes occurred in metropolitan areas, especially on arterial roads.

According to findings 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 between 6 p.m. Friday and 6 a.m. Monday.

What to Do After a Motorcycle Accident in South Elgin, 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.

At the Accident Site

While any collision is surprising and scary, try to stay as calm as possible. Immediately after the crash, you should:

• Get to safety — If you can, move out of the way of other vehicles coming down the street. Leave the bike. We know it is a treasure for you, but staying with the bike or trying to move it could make your injuries worse. If you suspect you have a back or head injury, it may be best not to move; instead wait for emergency personnel.
• Do not remove your safety gear — Removing your helmet, gloves, boots, jacket and other gear could also make serious injuries even worse. Adrenaline may hide how serious an injury actually is.
• Call 911 — As the injuries caused in a motorcycle wreck can be catastrophic, it may be best to be looked over 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 responsible for the accident.
• Gather evidence — Talk to any other motorists involved and get their insurance information. Take photographs of all vehicles and the crash site from different positions. Take as many pictures as possible. Something that may seem unimportant at first may be useful to a motorcycle accident lawyer in South Elgin, IL when trying to prove someone else’s negligence down the road. Get the contact info of any eyewitnesses to the accident.

Finally, receive medical attention if you have not already.

What to Do Throughout the Claim Process

After you first seek medical care, notify both your insurance company and the other driver’s. Then, speak to a motorcycle accident lawyer in South Elgin, 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. In order to prove your damages, 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 ultimate compensation will be as well. Make sure you attend every follow up, chiropractic or physical therapy appointment your doctor orders for you.
• Keep Detailed Records — You are also owed 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 household chores. Manage a file with all of your receipts and notes about why those charges were necessary. It may also be a good idea to 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, your attorney will handle all communication with the insurance. Insurance adjusters use a lot of tricks to avoid paying claims, and it is better to leave communication up to an attorney who knows how to deal with them.
• Do Not Post on 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 hurt your chances of being fully compensated. If you tell the insurance company that your injuries are keeping you from working, and the insurance sees pictures of you at a bar, they they can say your injuries are not actually that severe.

From the moment you hire us, we will keep you completely in the loop until you get the maximum compensation you are owed. Let us 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 South Elgin, IL For My Claim?

For some minor claims, where fault is clearly established and your medical bills only include an appointment with your primary care physician, you may be able to get compensation on your own. Supply the insurance company with proof of your financial losses, and see if they will throw some extra money on top for inconvenience. In a a settlement for a relatively small sum of money where not much is disputed, the adjuster is not going to want to waste their time.

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 a truly fair society insurance companies would fulfill their obligations when their policyholders injure someone, they usually have to be convinced to. You will almost certainly need a motorcycle accident lawyer in South Elgin, IL if:

• Your injuries are significant — The higher your damages, the more the insurance company will be resistant to reimbursing you for it. If your injuries require ongoing treatment, you will always 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 company’s offer is no where close to that, they are trying to take advantage of you. If you enlist the services of an attorney, 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 party at fault — With some cases, especially wrecks involving more than one vehicle, there may be more than one party that is responsible for your injuries. 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 South Elgin, IL motorcycle accident lawyer will be able to investigate the crash and determine all liable parties. Identifying everyone who is liable is key if you are owed more compensation than the at-fault driver’s policy limits.
• You are being blamed for the accident — Blaming you for your injuries is a frequent tactic insurance adjusters use to avoid paying you. When this happens, an attorney use their investigate skills and network of experts to conclusively demonstrate 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 rule. However, a lawyer is likely necessary to get you the best possible results.

Your South Elgin, IL motorcycle accident lawyer at Burger Law knows how to fight back against tricks insurance adjusters use. We have been doing it for more than three decades. Our consultations are free, so speak to an attorney now at (779) 800-HURT to see if we can add value to your claim. We start developing our legal strategy from the second you hire us, and fight until there is nothing left to fight.

Recent Burger Law South Elgin, 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 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 South Elgin, IL?

If you want to have a valid claim in South Elgin, 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 a duty to protect you from unreasonable harm? 625 ILCS 5/11-1003.1 mandates that “every driver of a vehicle shall exercise due care,” so other motorists always owe you a duty of care.
2. Breach of duty — Were they neglectful 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 — Were your injuries the direct result of the accident?
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 your injuries lead to losses, such as medical bills and pain and suffering? If your accident resulted in a few bumps and bruises, but it was not serious enough to seek medical treatment, it would be hard for you to file a claim.

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

How Much is My South Elgin, 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, scarring and pain and suffering
• While not common, you might be able to recover 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 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 live the life you are used to

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

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

Pursuant to 735 ILCS 5/13-202, the statute of limitations for motorcycle accident injuries in South Elgin, IL is two years. That means the clock starts ticking on the date of the accident to file a lawsuit in court. Illinois has three exceptions:

• If you or your loved one was under the age of 18 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 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 wait to call a motorcycle accident lawyer after you have been injured in South Elgin, IL. Call us today at (779) 800-HURT.

What Are Common Causes of Motorcycle Accidents in South Elgin, IL?

Motorcycles are not as easy to spot on the road, do not take up as much space on the road. Due to something called “inattentional blindness,” drivers are less likely to see a motorcycle — even when they are looking for one. This is because we train our brains to look for larger vehicles, but not for motorcycles. Inattentional blindness contributes to many motorcycle accidents in South Elgin, IL.

The most common causes of motorcycles accidents are:

• Left-hand turns — According to the Motorcycle Legal Foundation, 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 intoxication, reckless driving or generally not paying close enough attention to the road.
• Other collisions — Head on collisions are also common between motorcycles and cars or trucks. A car may also not see a motorcyclist when turning in front of them. 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, slick surfaces or other roadways debris 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 parts — 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 lead to motorcycle accidents.

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

More than nine out of 10 motor vehicle accidents are caused by driver error. So, most of the time another motorist is liable. However, other parties that may be held liable include:

• A governmental body or construction company for road hazards
• A vehicle designer, manufacturer or vendor 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 South Elgin, IL Motorcycle Accident if it Did Not Involve Another Vehicle?

Governmental agencies are tasked with keeping 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, suing a government entity in Illinois has added complications. Our motorcycle accident lawyers in South Elgin, IL can pick up your claim and take the fight to city hall to secure you a full financial recovery.

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

The dangers of motorcycles mean that bikers have a higher death rate than people in passenger cars. If you were touched by tragedy and someone you love passed away 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 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:

• A wrongful death claim can be made when some dies because of 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 that they were first injured.
• There are three categories of people who 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 bring a suit
  3. If no family remains, a judge 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 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 South Elgin, IL wrongful death attorneys are not just skilled at securing full compensation. We are compassionate 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 cases we we have had great success with in South Elgin, 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 South Elgin, IL Today

Our South Elgin, IL motorcycle accident lawyers will fight until you get the maximum compensation you are owed; that is our guarantee. 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 South Elgin, IL personal injury law firm will fight for your rights, call our team at (779) 800-HURT or contact us online for a no obligation consultation.