Motorcycle Accident Lawyer in O’Fallon, IL

Motorcycle Accident Lawyer in O’Fallon, IL

The thrill of riding a motorcycle can be canceled out by the injuries careless drivers cause when they do not pay attention to your safety. If another driver injured you in O’Fallon, IL, call the motorcycle accident lawyers of Burger Law immediately at (618) 500-HURT or fill out our online form for a complimentary case evaluation.

If you were injured in a motorcycle accident in O’Fallon, 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. You get a feeling of the open road that you do not get in an enclosed vehicle. Unfortunately, there is a potentially dangerous trade-off. Because motorcycles do not protect their occupants as well as enclosed vehicles, motorcycle accidents can cause serious injuries. When that happens to you, it carries immediate economic, physical and emotional consequences and you need someone to stand by your side and ensure you are treated fairly. You want a law firm that has demonstrated that they can full compensation in motorcycle accident cases in O’Fallon, IL.

Burger Law has over three decades 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 agreeing to a settlement. The insurance adjuster wants to minimize your recovery. Our firm has a proven track record of successfully fighting the insurance companies and making sure that they treat our O’Fallon, IL clients fairly.

To learn more about how our personal injury law firm will defend your rights in Illinois, call a lawyer at (618) 500-HURT to go over your motorcycle accident claim now.

How Common Are Motorcycle Accidents in O’Fallon, IL?

Despite the fact that motorcycles make up less than one percent of all traffic 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. 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. Sadly, the majority of those happened when a passenger car or truck collided with a motorcycle when the biker was driving in a straight line, which means the accidents were often due to another driver was not looking out for bikers. Most of the crashes occurred 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.

Nearly half of fatal motorcycle wrecks occur in the in the summer when the weather is nicer, and 50 percent occur on the weekends.

What to Do After a Motorcycle Accident in O’Fallon, IL

There are several steps you should take, both immediately following the accident 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 collision can be surprising and scary, try to stay as calm as possible. At the accident site, you should:

• Get to safety — If you can, get to the side of the road and away from oncoming traffic. Leave your motorcycle behind. We know it is a treasure for you, but staying with the bike or trying to move it could exacerbate your injuries. If you are seriously injured, it may be best not to move; instead wait for emergency personnel.
• Keep your gear on — Taking off your helmet or other gear could also exacerbate your injuries. Shock may hide how bad an injury actually is.
• Call 911 — Because the injuries caused in a motorcycle wreck can be catastrophic, it may be a good idea to be looked over there instead of trying to go to an emergency room yourself. Police will also be able to file a report relating who they believe is to blame for the accident.
• Gather evidence — Talk to any other drivers involved and ask for an insurance card. Take pictures of all vehicles and the crash site from different positions. Take more photos than you think you need. Something you do not think matters much may be useful to a motorcycle accident lawyer in O’Fallon, IL when trying to prove who is responsible for your injuries in the future. Get the contact info of any eyewitnesses to the accident.

Finally, if you did not seek medical treatment at the scene, do so as quickly as possible.

What to Do in the Days, Weeks and Months Afterwards

After you first seek medical care, notify the insurance company of everybody involved. Then, speak to a motorcycle accident lawyer in O’Fallon, 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 aids your financial recovery as well. 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 ultimate compensation will be as well. Go to 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 chores around the house. Manage a file with 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, 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 on the Internet. 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 going out on the weekends, they will use it to try and deny your claim.

From the first time you speak with us, we will keep you completely in the loop until you get the maximum compensation you are owed. Allow us to handle the legal aspect of your case so you can spend your energy on on your medical treatment.

Do I Need a Motorcycle Accident Lawyer in O’Fallon, IL For My Claim?

For some minor claims, where the liable party is taking accountability and your medical bills 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 the trouble. In a smaller settlement where their policyholder is clearly liable, the adjuster will only lose money if they try to fight your claim.

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 perfect world insurance companies would fulfill their duty when someone is injured under their coverage, it usually takes a fair amount of fighting to get them to do it. You will likely need a motorcycle accident lawyer in O’Fallon, IL if:

• Your injuries are severe — The more your medical expenses and time spent off work, the more the insurance company will try and devalue your injuries. If your injuries result in permanent disability, you will absolutely need an attorney to precisely value your damages.
• The insurance company’s offer is not close your damages — 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 you enlist the services of a lawyer, the insurance company will know that you will not back down without a fight. 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 cases, especially wrecks involving more than one vehicle, there may be more than one person who was negligent. For example, a driver may cut your off while not looking for you, causing you to swerve and hit an improperly cordoned-off construction site. A knowledgeable O’Fallon, IL motorcycle accident lawyer will conduct a full investigation into the accident and assign a portion of the damages to each liable party. Finding other people who are 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 your injuries — Trying to say your injuries are your own fault is a frequent tactic insurance adjusters use to minimize your claim. When this happens, an attorney will fight back prove that is not the case. If it is true that you were partially to blame, you can still make a recovery under Missouri’s comparative negligence rule. However, a lawyer is likely necessary to get you the most possible compensation.

Your O’Fallon, IL motorcycle accident lawyer at Burger Law knows how to combat tactics insurance adjusters use. We have been doing it for over three decades. Our consultations are free, so speak to an attorney today at (618) 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 O’Fallon, IL Motorcycle Accident Victories

You need a lawyer who has shown they can get results in your type of claim before. A motorcycle accident lawyer saying they know how to get full compensation is one thing, but a lawyer whose former clients will recommend them and who has the 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 O’Fallon, IL?

In order to have a successful claim in O’Fallon, IL, you must have sustained an injury that was caused by someone else’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 drivers always owe you , texting and driving, >drunk driving or otherwise breaking proper procedure behind the wheel?
2. Cause in fact — Did the accident cause your injuries?
3. Proximate cause — Did the person’s negligence cause the accident? If the other driver’s brakes were not working, the person who needs to compensate you may be a manufacturer and not another motorist?.
4. Damages — Did you sustain losses because of your injuries, such as lost wages and mental anguish? If your accident caused a few bruises or scrapes, but you did not need any 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 (618) 500-HURT if you are unsure if you have a claim.

How Much is My O’Fallon, 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 emotional distress, disfigurement and pain and suffering
• In some rare cases, you can receive punitive damages if the liable party’s behavior was especially egregious, such as if they were drunk driving

Factors that determine how much you will recover 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 at fault for your injuries
• If the accident led to permanent disfigurement or disability
• How your life has changed because of your injuries

At Burger Law, we are experts at calculating every dime you are owed and demand that the insurance company pay all of it. If your injuries require ongoing medical care, 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 O’Fallon, IL?

Pursuant to 735 ILCS 5/13-202, the time limit for motorcycle accident injuries in O’Fallon, IL is two years. That means the clock starts ticking on the date you were injured to file a claim. There are some exceptions:

• If you or your loved one was a minor when the injuries occurred, 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 leaves the state of Illinois for a period, that time 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 hesitate to reach out to a motorcycle accident lawyer after you have been injured in O’Fallon, IL. Call us now at (618) 500-HURT.

What Are Common Causes of Motorcycle Accidents in O’Fallon, IL?

Motorcycles are harder for drivers of enclosed vehicles to see, being smaller. Because of something referred to as “inattentional blindness,” drivers are less likely to see a motorcycle — even if they are doing their due diligence. This is because we train our brains to be aware of larger vehicles, but not for motorcycles. Inattentional blindness is a leading cause of motorcycle accidents in O’Fallon, IL.

The most common causes of motorcycles accidents are:

• Left-hand turns — According to data from the Motorcycle Legal Foundation, over 40 percent of all fatal motorcycle crashes 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 simple inattention.
• Other collisions — Head on collisions also occur frequently between motorcycles and other types of vehicles. A car may also to fail to 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 — Uneven pavement, potholes, dead animals, slick surfaces or other debris on our streets 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 result in motorcycle crashes.

Who is Liable for My Motorcycle Accident Injuries in O’Fallon, IL?

Almost all motor vehicle accidents are the result of human error. So, most of the time another motorist is responsible for your injuries. However, other parties that may be held accountable include:

• A governmental agency or construction company for road hazards
• A motorcycle manufacturer 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 O’Fallon, IL Motorcycle Accident if it Did Not Involve Another Vehicle?

Governmental bodies are tasked with keeping their roadways safe for citizens to travel on, and when obstruction or other objects in the road cause an accident, the municipality can be held liable for the motorcycle accident. However, suing a government entity in Illinois has added complications. Our motorcycle accident lawyers in O’Fallon, IL can handle 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 O’Fallon, 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 you were touched by tragedy and someone you love 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 bring a sense of justice 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 that they were first injured.
• Three groups of people related to the deceased 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 nieces and nephews can bring a suit
  3. If there are no family members, the court can designate 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, education and moral training the deceased would have provided
  • Survivors’ grief, sorrow and mental suffering

Burger Law’s O’Fallon, IL wrongful death attorneys are not just experts at securing full compensation. We are empathetic and have helped many families navigate the sorrow, anger and confusion that accompanies a fatal auto accident.

In addition to motorcycle accidents, other injury cases we take on and win in O’Fallon, IL include:

• Personal injury
• Car accident
• Truck accidents
• Motorcycle accidents
• Wrongful death

Speak to a Motorcycle Accident Lawyer O’Fallon, IL Today

Our O’Fallon, IL motorcycle accident lawyers will not stop fighting until there is nothing left to fight; that is our guarantee. 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 O’Fallon, IL personal injury law firm will fight for your rights, call our team at (618) 500-HURT or complete our online form for a free consultation.