Motorcycle Accident Lawyer in Winnetka, IL

Motorcycle Accident Lawyer in Winnetka, IL

The sense of freedom a motorcycle comes with can be ripped away from you by the injuries negligent drivers cause when they do not follow the rules of the road. If you were injured in a motorcycle accident in Glen Ellyn, IL, reach out to the motorcycle accident lawyers of Burger Law now at (312) 500-HURT or contact us online for a no-risk, no-obligation consultation.

If you were injured in a motorcycle accident in Glen Ellyn, 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 calm. You are connected to the road and your motorcycle in a way that you do not get in an enclosed vehicle. Regrettably, negligent drivers can turn that feeling into catastrophic injuries. Because motorcycles do not protect riders as well as enclosed vehicles, motorcycle accidents can cause serious injuries. When that happens to you, it carries economic, physical and emotional consequences and you need someone to stand by your side and ensure you are treated fairly. You need to find an attorney with a proven track record of winning motorcycle accident claims in Winnetka, IL.

Our attorneys and paralegals have 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. Always speak to a lawyer before agreeing to a settlement. The insurance adjuster will try to limit your compensation. We know how to stand up to insurance companies and ensure that they give the full compensation they owe our Winnetka, IL clients.

To find out more about how our personal injury law firm will fight for your rights, call an attorney at (312) 500-HURT to go over your motorcycle accident claim now.

How Common Are Motorcycle Accidents in Winnetka, IL?

Despite the fact that motorcycles make up barely over half a percent of all traffic miles traveled in the country, they accounted for four percent of all injuries and 14 percent of total deaths 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 passed away in motorcycle crashes. In Illinois, there were 3,077 motorcycle accidents which caused 2,404 injuries and 152 fatalities, according to the Illinois 2020 Crash Facts and Statistics. Unfortunately, the majority of those crashes came 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 a car or truck driver not respecting motorcyclists on the road. Most of the crashes occurred in metropolitan areas, especially around tolls.

According to findings from the Motorcycle Legal Foundation, Illinois is eighth in the country with over 280,000 registered motorcycles, and fittingly was eighth in the country in fatalities 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 Winnetka, IL

There are a number things you should do, both at the accident site and in the days and weeks that follow, to ensure you make both a physical and financial recovery.

At the Accident Site

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

• Get out of harm’s way — If you are physically able, move out of the way of oncoming traffic. Leave the bike. We know it is a treasure for you, but trying to carry it could exacerbate your injuries. If you believe your injuries may be catastrophic, stay still and wait for emergency medical services.
• Keep your gear on — 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 — As motorcycle accidents can cause severe injuries, it is probably a good idea to be looked over at the scene instead of leaving and planning to seek medical attention later. Police will also be able to file a report relating who they believe is responsible for the accident.
• Gather evidence — Speak to the other driver 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 like it does not matter at first may help a motorcycle accident lawyer in Winnetka, IL prove your case in the future. See if there are eyewitnesses who can corroborate 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 in the Ensuing Weeks and Months

Once you have gotten medical treatment, inform the insurance company of everybody involved. Then, speak to a motorcycle accident lawyer in Winnetka, 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 making sure you get full compensation. In order to prove your damages, you need to complete copies of medical 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. Make sure you attend every every treatment and use all of the equipment and medication your doctor prescribes.
• Keep Track of Everything Related to Your Injuries — You are also owed compensation for lost wages from time spent recovering, 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 household chores. 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 showing how your injuries have affected you physically and emotionally for a record of your pain and suffering.
• Do Not Talk to the Insurance Company — Once you have filed your claim and enlisted the services of a motorcycle accident lawyer, let your attorney handle documentation and negotiation. Insurance adjusters utilize a lot of tactics to minimize claims, and it is better to leave communication up to an attorney who knows how to deal with them.
• Resist 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 do damage to your case. If you tell the insurance company that your injuries prevent you from working, and the insurance finds out you have been at your friend’s barbecue, they they can say your injuries are not actually that severe.

From the first time you speak with us, we will keep you updated throughout your claim until you get the maximum compensation you are owed. Allow us to handle the investigation, documentation, negotiation and litigation so you can spend your energy on on your physical and emotional recovery.

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

For some minor claims, where the liable party is obvious and your medical expenses are no more than an urgent care visit, you may not need an attorney to get fair compensation. Supply the insurance company with proof of your financial losses, and see if they will throw some extra money on top for the trouble. In a smaller settlement where their policyholder is clearly liable, the insurance company is not going to want to waste their time.

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 duty when their policyholders injure someone, they usually have to be convinced to. You will almost certainly need a motorcycle accident lawyer in Winnetka, IL if:

• Your injuries are significant — The more your medical bills and lost wages, 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 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 adjuster is only offering a few thousand, 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 are serious about getting the full compensation you deserve. 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 party that is responsible for your injuries. 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 Winnetka, IL motorcycle accident lawyer will be able to investigate the accident and assign a portion of the damages to each liable party. Finding other people who are liable is crucial 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 — Trying to say your injuries are your own fault is a frequent move insurance adjusters use to avoid paying you. If the insurance company say your accident was your own fault, an attorney will fight back prove how the other party was negligent. If you were indeed partially at fault, you can still receive some compensation under Missouri’s comparative negligence doctrine. However, a lawyer is likely necessary to get you the most possible compensation.

Your Winnetka, IL motorcycle accident lawyer at Burger Law knows how to combat tactics insurance adjusters use. We have been doing it for more than 30 years. Our consultations are free, so speak to an attorney today at (312) 500-HURT to see if we can add value to your claim. We start working from the second you hire us, and fight until there is nothing left to fight.

Recent Burger Law Winnetka, 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 Winnetka, IL?

If you want to have a successful claim in Winnetka, IL, 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 liable party have a responsibility to keep you safe? 625 ILCS 5/11-1003.1 mandates 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 driver speeding, texting and driving, drunk driving or otherwise not following the rules of the road?
3. Cause in fact — Did the accident cause your injuries?
4. Proximate cause — Whose negligence 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 lost wages and mental anguish? If your accident caused a few bumps and bruises, but they healed without any medical treatment, you likely do not have a claim.

Any time somebody else’s carelessness or recklessness injures you, you need to file an injury claim. Speak to a motorcycle accident attorney today at (312) 500-HURT if you have any doubts about the validity of your claim.

How Much is My Winnetka, 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 recover 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 medical bills and more pain and suffering
• 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, our injury attorneys know how to calculate 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 accounting for inflation.

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

Under 735 ILCS 5/13-202, the statute of limitations for motorcycle accident claims in Winnetka, 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 when the injuries occurred, they have until two years after their 18th birthday
• If you or a loved one was under a legal disability at the time of accident, they have until two years after the disability ended
• If the person responsible for your injuries leaves the state of Illinois for a period, 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 contact a motorcycle accident lawyer after you have been injured in Winnetka, IL. Call us immediately at (312) 500-HURT.

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

Motorcycles are harder for drivers of enclosed vehicles to see, as they take up less space. Because of something called “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 Winnetka, IL.

Most motorcycle accidents occur because of:

• Left-hand turns — According to data from the Motorcycle Legal Foundation, 42 percent of all fatal motorcycle crashes 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 are also common between motorcycles and other types of vehicles. A car may also not see a motorcyclist when merging or changing lanes. Motorcycles also collide with fixed objects more than any other type of motorist, which is not always the motorcyclist’s fault.
• Road hazards — Cracked pavement, potholes, dead animals, gravel or other roadways debris often do not have much of an impact on a car. 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 lead to motorcycle collisions.

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

More than nine out of 10 motor vehicle accidents are due to human error. So, most likely, you will make a claim against another driver. However, depending on the specifics of your case, you may also be able to make a claim against:

• A governmental agency or construction company for road hazards
• A vehicle designer, manufacturer or vendor for a defective product
• A employer if someone they hired injured you while driving, for example in a commercial truck accident

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

Governmental agencies are supposed to keep their roadways safe for use by everyone on the roads, 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 Winnetka, IL can handle your claim and take the fight to city hall to get you a full financial recovery.

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

Motorcyclists are not only at increased risk of a catastrophic injury, but are more likely to perish in a crash. If you were touched by tragedy and someone you love died in a motorcycle crash, you can make a recovery through a wrongful death claim. While no settlement or verdict can bring back your loved one, it 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 is killed by 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. 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 bring a suit
  3. If there are no family members, the court can appoint a plaintiff ad litem to bring a suit
• The damages you can recover 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 your loved one, including any work-related benefits
  • Loss of consortium
  • Loss of instruction, guidance and moral training the deceased would have provided
  • Survivors’ grief, sorrow and mental suffering

Burger Law’s Winnetka, IL wrongful death attorneys are not just skilled at getting our clients full recoveries. 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 personal injury cases we we have had great success with in Winnetka, 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 Winnetka, IL Today

Our Winnetka, 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 Winnetka, IL personal injury law firm will fight for your rights, call our team at (312) 500-HURT or contact us online for a no obligation case evaluation.