Motorcycle Accident Lawyer in Westchester, IL

Motorcycle Accident Lawyer in Westchester, IL

The thrill of riding a motorcycle can be ripped away from you by the harm negligent drivers can do to you when they do not respect your safety. If you were injured in a motorcycle accident in Westchester, IL, call the motorcycle accident lawyers of Burger Law today at (312) 500-HURT or contact us online for a complimentary case evaluation.

If you were injured in a motorcycle accident in Westchester, 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 get your blood racing. There is a sense of freedom that is not possible in an enclosed vehicle. Unfortunately, this freedom also comes with a high price. Because motorcycles do not protect riders as well as enclosed vehicles, motorcycle accidents can cause serious injuries. When that happens to you, it carries instant hardships and you need someone to stand by your side and get you the compensation you deserve. You want a law firm with a proven track record of winning motorcycle accident claims in Westchester, IL.

Our attorneys and paralegals have more than 70 years of combined experience winning cases in negotiations and in the court room. Our motorcycle accident lawyers will aggressively pursue your claim to ensure you get the medical care and financial recovery that you are owed and that you deserve. Always speak to a lawyer before accepting an insurance company’s offer. The insurance adjuster will try to limit your financial settlement. Our firm has a proven track record of successfully fighting the insurance companies and making sure that they treat our Westchester, IL clients fairly.

To learn more about what we can do for you, speak to our team at (312) 500-HURT to go over your motorcycle accident case for free.

How Common Are Motorcycle Accidents in Westchester, IL?

Despite the fact that motorcycles make up less than one percent of total vehicle miles traveled nationwide, they made up four percent of all injuries and 14 percent of all fatalities in traffic-related accidents in 2020, according to the National Safety Council. In the United States, in 2020 there were 82,500 motorcycle accident injuries and 5,579 deaths. 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. Unfortunately, over 50 percent of those occurred when a passenger car or truck collided with a motorcycle when the biker was driving in a straight line, which leads us to believe that the accidents were often caused by another driver failing to notice motorcyclists. Crashes are most common in metropolitan 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 between 6 p.m. Friday and 6 a.m. Monday.

What to Do After a Motorcycle Accident in Westchester, IL

There are several things you should do, both immediately following the accident and throughout the process of recovering from your injuries and seeking compensation, to ensure you make both a physical and financial recovery.

Immediately After The Accident

While any crash is surprising and scary, it is important to keep a clear head. At the accident site, 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 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 suspect you have a back or head injury, stay still and wait for emergency personnel.
• Do not take off your safety gear — Taking off 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 — Because motorcycle accidents can cause severe injuries, it is probably best to be looked over 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 pictures of all vehicles and the crash site from a variety of angles. 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 Westchester, IL when trying to prove who is responsible for your injuries in the future. See if there are eyewitnesses who can corroborate your claim.

Lastly, if you did not opt to get medical treatment at the crash site, do so as quickly as possible.

What to Do in the Ensuing Weeks and Months

After you first seek medical care, inform both your insurance company and the other driver’s. Then, speak to a motorcycle accident lawyer in Westchester, 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 physical recovery, but is also essential to building your case. You need to prove that you sustained financial losses, and to do that you need to complete copies of medical medical records which detail the extent of your injuries. The the higher your financial loss, the higher your pain and suffering 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 are also owed a financial recovery for lost wages from time spent recovering, and any out-of-pocket expenses due to your injuries, such as transportation to and from medical appointments or hiring someone to help with household chores. Keep detailed receipts and notes about why you needed to pay those expenses. It may also be a good idea to write down your every day experiences detailing the non-tangible impact of your injuries and your pain and suffering.
• Leave the Insurance Company up to Your Attorney — Once you have informed the insurance company about your injuries and enlisted the services of a motorcycle accident lawyer, let your attorney handle documentation and negotiation. Insurance adjusters try to employ a lot of tactics to devalue claims, and it is better to leave communication up to an attorney who knows how to make the adjuster be honest.
• 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 case. If you tell the insurance company that your injuries are keeping you from working, and the insurance sees pictures of you at your friend’s barbecue, they they can say your injuries are not actually that severe.

From your initial consultation, we will keep you completely in the loop until we reach the great results you deserve. Allow us to handle the investigation, documentation, negotiation and litigation so you can spend your energy on on healing.

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

For some minor claims, where there is no discrepancy about who is at fault and your medical expenses only include an emergency room visit, you may not need an attorney to get fair compensation. Give the insurance company your records and expenses, 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 not much is disputed, the adjuster is not going to want to waste their time.

However, more likely than not you will need the assistance of 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, they usually have to be convinced to. You will probably need a motorcycle accident lawyer in Westchester, 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 precisely value your damages.
• The insurance company’s offer is far below your damages — 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 will not back down without a fight. Burger Law has added hundreds of thousands of dollars to claims, including turning a $3,900 offer into a $100,000 settlement.
• There are multiple parties at fault — 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 merge into your line while not looking for you, causing you to swerve and hit an improperly cordoned-off construction site. A knowledgeable Westchester, IL motorcycle accident lawyer will be able to investigate the crash and assign a portion of the damages to each liable party. Finding other people who are liable is essential if you are owed more compensation than the at-fault driver’s policy limits.
• You are being blamed for the accident — Trying to say your injuries are your own fault is a frequent trick insurance adjusters use to avoid paying you. When this happens, an attorney will fight back prove how the other party was negligent. If you were indeed responsible for a portion of the accident, 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 Westchester, IL motorcycle accident lawyer at Burger Law knows how to combat tricks insurance adjusters use. We have been doing it for more than 30 years. We offer an initial conversation and investigation at no charge, so call us at (312) 500-HURT to see if we can add value to your claim. We start working from the moment you hire us, and do not give up until you get all of compensation you deserve.

Recent Burger Law Westchester, 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 will fight for you, 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 Westchester, IL?

In order to file any Westchester, 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 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 did that breach lead to an accident? Was the other 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 — Whose breach of duty caused the accident? If the other driver’s brakes were not working, the person who needs to compensate you 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 small cuts and bruising, but it was not serious enough to seek medical treatment, you likely do not have a claim.

Any time somebody else’s carelessness or recklessness injures you, you have an injury claim. Consult with a motorcycle accident attorney today at (312) 500-HURT if you are unsure if you have a claim.

How Much is My Westchester, 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 emotional distress, scarring and pain and suffering
• In some rare cases, you can receive 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 you sustained permanent disfigurement or disability
• How your life has changed because of your injuries

At Burger Law, our injury attorneys are experts at calculating the full value of someone’s injury claim and insisting the insurance company 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 Westchester, IL?

According to 735 ILCS 5/13-202, the statute of limitations for motorcycle accident injuries in Westchester, IL is two years. That means you only have two years from the date the accident occurred to file a lawsuit in court. Illinois has three 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 person responsible for your injuries is outside of 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, investigating and developing a legal strategy for your claim takes time. Do not wait to reach out to a motorcycle accident lawyer after you have been injured in Westchester, IL. Call us immediately at (312) 500-HURT.

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

Motorcycles are not as easy to spot on the road, being smaller. As a result of something known as “inattentional blindness,” it is harder for drivers to see a motorcycle — even if they are doing their due diligence. This is because we train our brains to look for larger vehicles, but not for motorcycles. Inattentional blindness is a leading cause of motorcycle accidents in Westchester, IL.

Most motorcycle accidents occur because of:

• Left-hand turns — The Motorcycle Legal Foundation reports that almost half of all motorcycle accidents that result in fatalities occur when a car turns left while and hits a motorcyclist in an intersection. These crashes can be the result of a car driver’s drunkenness, speeding or generally not paying close enough attention to the road.
• Other collisions — Head on collisions also occur frequently between motorcycles and passenger cars. A car may also to fail to see a motorcyclist when merging or changing lanes. Motorcycles also collide with fixed objects more than any other type of driver, which may be due to a negligent construction company or governmental entity.
• Road hazards — Uneven pavement, potholes, dead animals, gravel 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 fall.
• Defective 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 result in motorcycle crashes.

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

More than nine out of 10 motor vehicle accidents are the result of human error. So, most likely, you will make a claim against another driver. However, other parties that may be held liable include:

• A governmental agency or construction company for road hazards
• A motorcycle designer, manufacturer or vendor for a defective product
• A company if their employee injured you while driving, such as in a commercial truck accident

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

Governmental entities are supposed to keep their roadways safe for citizens to travel on, and when there are road hazards that cause an accident, the state 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 Westchester, 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 Westchester, 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 it is impossible to put a monetary value on your loved one’s life can help provide some sense closure and ease the financial hardships 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 dies because of another’s negligence or wrongdoing.
• 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 the first chance to file, 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 siblings’ descendants can file a claim
  3. If no family remains, the court can appoint a plaintiff ad litem to file a claim
• 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 the deceased, 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 Westchester, IL wrongful death attorneys are not just tremendous 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 personal injury claims we we have had great success with in Westchester, 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 Westchester, IL Today

Our Westchester, 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 Westchester, IL personal injury law firm will fight for your rights, call our team at (312) 500-HURT or complete our online form for a free case evaluation.