Motorcycle Accident Lawyer in Westmont, IL

Motorcycle Accident Lawyer in Westmont, IL

The sense of freedom a motorcycle comes with can be neutralized by the harm reckless drivers can do to you when they do not follow the rules of the road. If another driver injured you in Westmont, IL, call the motorcycle accident lawyers of Burger Law immediately at (312) 500-HURT or complete our online form for a free consultation.

If you were injured in a motorcycle accident in Westmont, 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 yourself and connect with people who share your passions. You are connected to the road and your motorcycle in a way that a car just cannot emulate. Unfortunately, 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 that happens to you, it carries immediate hardships and you need someone to fight for you. You need to find a law firm with a proven track record of winning motorcycle crash lawsuits in Westmont, IL.

Our attorneys and paralegals have more than 30 years of experience getting maximum compensation 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 wants to minimize your financial settlement. We know how to stand up to insurance companies and ensure that they give the full compensation they owe our Westmont, IL clients.

To discover more about how our personal injury law firm will defend your rights, speak to our team at (312) 500-HURT to go over your motorcycle accident claim immediately.

How Common Are Motorcycle Accidents in Westmont, IL?

Despite the fact that motorcycles account for less than one percent of total vehicle miles traveled in the United States, they accounted for 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. In the entire country, in 2020 82,000 people were injured and 5,579 perished in motorcycle crashes. In Illinois, of 3,077 motorcycle collisions, 2,404 caused injuries and 152 were deadly, according to the Illinois 2020 Crash Facts and Statistics. Unfortunately, over 50 percent of those happened when a passenger car or truck collided with a motorcycle when the biker was driving in a straight line, insinuating that the accidents were often due to a car or truck driver not respecting motorcyclists on the road. Wrecks happen most frequently in densely populated areas, especially on arterial roads.

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

Nearly 50 percent of fatal motorcycle accidents occur in the between June and September, and half happen between Friday night and Monday morning.

What to Do After a Motorcycle Accident in Westmont, IL

There are several things you should do, 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.

Immediately After The Accident

While any collision can be jarring, it is important to keep a clear head. Immediately after the crash, you should:

• Get to safety — If possible, get to the side of the road and away from other vehicles coming down the street. Leave the bike. We know it is a treasure for you, but trying to carry it could make your injuries worse. If you are seriously injured, stay still and wait for emergency medical services.
• Do not remove your protective gear — Taking off your helmet, gloves, boots, jacket and other gear could also exacerbate your injuries. Shock may hide how bad an injury actually is.
• Call 911 — Because motorcycle accidents can cause severe injuries, it may be best to get medical attention there instead of leaving and planning to go to an emergency room yourself. Police know how to determine liability in an accident, and will make a police report.
• Gather evidence — Speak to the other driver and ask for an insurance card. Take pictures of the accident, including how the vehicles are positioned and the surrounding areas. Take as many pictures as possible. Something that may seem unimportant at first may help a motorcycle accident lawyer in Westmont, IL prove someone else’s negligence when you make your claim. Get the contact info of any eyewitnesses to the accident.

Lastly, if you did not opt to get medical treatment at the scene, 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 Westmont, 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 aids your financial recovery as well. In order to prove your damages, you need to be able to point to medical records which detail 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 Track of Everything Related to Your Injuries — You also deserve compensation 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 take care of your kids. Keep detailed receipts and notes about why those charges were due to your injury. 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 notified the insurance company about your injuries and hired a motorcycle accident lawyer, let your attorney handle documentation and negotiation. Insurance adjusters use a lot of tricks to avoid paying claims, but your attorney will know how to combat them.
• Resist Social Media — In this day and age, many of us want to share details about our life with others. However, even an honest post can ruin your chances of being fully compensated. 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 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 deal with the investigation, documentation, negotiation and litigation so you can focus on healing.

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

For accidents involving minor injuries, where fault is clearly established and your medical expenses are no more than an emergency room visit, a lawyer may not be able to add much value to your claim. Supply the insurance company with your records and expenses, 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 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 obligations when someone is injured under their coverage, it usually takes a fair amount of fighting to get them to do it. Situations where you will need a motorcycle accident lawyer in Westmont, IL include:

• Your injuries require ongoing treatment — The more your medical expenses and lost wages, the more the insurance company will fight back against your claim. If your injuries result in permanent disability, you will always need an attorney to hold the insurance adjuster accountable for all of your damages.
• The insurance company’s offer is far below your damages — If your damages are starting to creep up into the tens 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 on the case, the insurance company will know that you mean business. 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 injuries, especially multi-vehicle accidents, there may be more than one person who was negligent. For example, a driver may cut your off because they did not see you, causing you to take defensive action and hit a pothole that a local government should have fixed. An experienced Westmont, IL motorcycle accident lawyer will be able to investigate the wreck and determine all liable parties. Identifying everyone who is liable is key if your damages exceed the at-fault driver’s policy limits.
• You are being blamed for your injuries — Blaming you for your injuries is a frequent trick insurance adjusters use to minimize your claim. When this happens, an attorney use their investigate skills and network of experts to conclusively demonstrate that is not the case. If it is true that you were responsible for a portion of the accident, you can still make a recovery under Missouri’s comparative negligence rule. However, you will need an attorney to apply the rule of law and get you that compensation.

Your Westmont, 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. We offer an initial conversation and investigation for free, so call us at (312) 500-HURT to see what we can do for your claim. We get to work from the moment you hire us, and fight until there is nothing left to fight.

Recent Burger Law Westmont, IL Motorcycle Accident Victories

With any type of legal claim, results matter. You want to feel confident that you are putting your case in the hands of 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 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 Westmont, IL?

In order to file any Westmont, IL injury claim, you must have sustained an injury that was caused 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 a duty to protect you from unreasonable harm? 625 ILCS 5/11-1003.1 states that “every driver of a vehicle shall exercise due care,” so other drivers 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 the other motorist speeding, texting and driving, drunk driving or otherwise breaking proper procedure behind the wheel?
3. Cause in fact — Did the accident cause your injuries?
4. Proximate cause — Did the person’s negligence cause the accident? If the other driver’s brakes were malfunctioning, the person who needs to compensate you may be a manufacturer and not another motorist?.
5. Damages — Did your injuries lead to losses, such as lost wages and pain and suffering? If your accident caused some small lacerations and bruising, but you did not need any medical treatment, it would be hard for you to file a claim.

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

How Much is My Westmont, 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
• 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 compensation higher or lower include:

• The severity of your injuries; more significant injuries typically 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
• The impact the injuries have had on your ability to enjoy life

At Burger Law, we are experts at calculating the full value of someone’s injury claim and demanding the liable party takes responsibility for all of it. If your injuries require ongoing medical care, that will also be part of your settlement or verdict, including calculating for inflation.

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

According to 735 ILCS 5/13-202, the statute of limitations for motorcycle accident injuries in Westmont, IL is two years. That means you only have two years from 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 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 negligent party leaves the state of Illinois for a time, that period is not included in 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 wait to reach out to a motorcycle accident lawyer after you have been injured in Westmont, IL. Call us now at (312) 500-HURT.

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

Motorcycles are not as easy to spot on the road, being smaller. Due to a phenomenon referred to as “inattentional blindness,” it is harder for drivers to see a motorcycle — even if they are doing their due diligence. 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 Westmont, IL.

The most common causes of motorcycles accidents are:

• Left-hand turns — According to the Motorcycle Legal Foundation, over 40 percent of all motorcycle accidents that result in deaths occur when a car turns left while the motorcycle was going straight. These crashes can be due to 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 other types of vehicles. It is also common for a car to fail to see a motorcyclist when turning in front of them. Motorcycles also collide with fixed objects more than any other type of driver, which is not always the motorcyclist’s fault.
• Road hazards — Cracked pavement, potholes, dead animals, wet or icy roadways or other debris on our streets 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 spin out.
• Defective components — Manufacturers and National Highway Traffic Safety Administration recall dozens of motorcycles annually. When dangerous bikes and components are not recalled, it can result in motorcycle accidents.

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

Almost all auto accidents are caused by human error. So, most of the time another driver is liable. However, other parties that may be held liable include:

• A governmental body or contracting company for road hazards
• A motorcycle manufacturer for a defective product
• A employer if their employee injured you while driving, such as in a commercial truck accident

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

Governmental entities are tasked with keeping their roadways safe for citizens to travel on, and when there are road hazards that cause an accident, the agency responsible for the neglect may have to compensate you for your injuries. However, suing a government entity in Illinois has added complications. Our motorcycle accident lawyers in Westmont, IL can take on your claim and guide you through the complexities of local and state laws to secure you a full financial recovery.

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

Motorcyclists are not only at increased risk of a serious injury, but are more likely to perish in a crash. If your worst nightmare came true and a family member passed away 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 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 is killed by 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 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. Members of the nuclear family, such as a spouse, children, grandchildren and grandparents
  2. If there are no immediate family members, siblings and siblings’ descendants can bring a suit
  3. If there are no family members, the court can designate a plaintiff ad litem to file a claim
• The damages you can recover 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, education and moral training the deceased would have provided
  • Survivors’ grief, sorrow and mental suffering

Burger Law’s Westmont, IL wrongful death attorneys are not just experts at getting our clients full recoveries. We are compassionate and have helped many families navigate 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 Westmont, 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 Westmont, IL Today

Our Westmont, 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 Westmont, IL personal injury law firm will fight for your rights, call our team at (312) 500-HURT or contact us online for a free case review.