Joliet Motorcycle Accident Lawyer
If you were hurt in a crash, a Joliet motorcycle accident lawyer can help preserve evidence, identify responsible parties and insurance coverage, and respond when an insurer tries to blame you. Shuman Legal represents injured riders through its Joliet office and understands that motorcycle claims often present different evidence, injuries, and insurance questions than a typical car accident.
A serious crash can leave you facing surgery, missed work, a damaged motorcycle, and uncertainty about how your bills will be paid. You do not have to accept the insurance company’s version of events or make important decisions before you understand your options.
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What to Do in the First 72 Hours After a Motorcycle Crash
The first priority is your health. Contact 911. Accept all necessary emergency care. Follow up with your medical provider. Adrenaline can mask pain. Some injuries may not be obvious until later. Early treatment will also create a medical record that links your condition to the collision.
When possible, complete the following steps:
- Take photographs of the motorcycle and other vehicles involved. Take photographs of the roadway, traffic signals, debris, skid marks, and any visible injuries on yourself or others involved. Take photographs of your riding gear.
- Gather the names and contact information for all witnesses. Do not assume the police report will include every person who stopped at the scene.
- Save your motorcycle, helmet, clothing, boots, etc., if damaged. Do not repair these items before they have been properly documented. Do not sell them. Do not discard them.
- Find nearby homes, businesses, or vehicles that were recording video during this time. Video evidence can be erased or recorded over quickly.
- Notify your insurer regarding the crash as soon as required by your policy. When reporting the crash, only use facts. Avoid making guesses about speed, distance between colliding vehicles, type/severity of injury sustained, or responsibility for causing the collision.
Be especially cautious when being asked by another driver’s insurance company to make a recorded statement. Be cautious when being offered an early settlement. It is difficult to determine the extent of your injuries immediately after the collision. Additionally, there may be more than one applicable insurance policy.
What Evidence Can Prove How a Joliet Motorcycle Crash Happened?
Evidence that can support the explanation for what happened in your Joliet motorcycling accident, and who’s responsible, can frequently be contested. A driver might admit to crossing into your path while turning left (or changing lanes) but claim you were traveling too fast, or that he simply could not see you. That’s why these allegations need to be examined using physical and digital evidence.
Scene and Roadway Evidence
Photographic documentation along with measurements of the area and roadway conditions can provide details regarding visibility of sight lines; location of all road signs, lane markers, and other traffic controls; lighting conditions at the time of the accident; if there was any road construction, loose materials, etc.; as well as the final resting places of both of your vehicles. In addition, debris and the manner in which your vehicles were damaged can assist a qualified vehicle accident reconstructionist in determining how the initial impact(s) took place.
Police Reports
Depending upon the jurisdiction in which your motorcycle accident occurred, law enforcement agencies including the City of Joliet Police Department, Illinois State Police, Will County Sheriff’s Office, or some other local department will investigate and generate a report relative to the crash. It is very important that you obtain the right report since a police report does not constitute the ultimate determination of liability.
Video and Electronic Evidence
Other types of potentially useful evidence include:
- Any business/property surveillance systems located near the site of your accident;
- Doorbell cameras;
- Traffic and/or intersection cameras;
- Dash-mounted video recorders;
- Mobile telephone data such as call logs, text messages, GPS tracking data, etc.;
- Police radio transmissions and emergency dispatch audio/video;
- Electronic data from your motorcycle, and any associated safety gear (such as helmets), when available.
You may find that not all traffic cameras capture and retain images. Likewise, businesses do vary as to their retention policy. Your attorney can attempt to identify possible locations where this type of evidence may exist and request that the owners preserve such evidence prior to its loss/destruction.
The motorcycle and Riding Equipment
The condition of the motorcycle may reveal where the first contact occurred, how the bike moved after impact, and whether a mechanical problem contributed. Damage to a helmet or protective clothing may also help connect injuries to the collision.
The bike should be photographed and, when appropriate, inspected before it is repaired or released to a salvage company. If a defective tire, brake, control, or replacement part may be involved, preserving the motorcycle becomes even more important.
Medical and Employment Evidence
Proving responsibility is only part of the case. The injured rider must also document the harm caused by the crash.
Medical records, diagnostic imaging, surgical recommendations, work restrictions, wage statements, and opinions about future care can help establish the full effect of an injury. A personal account of daily limitations may also show how the crash has affected sleep, mobility, relationships, and activities the rider previously enjoyed.
Who May Be Responsible for a Joliet Motorcycle Accident?
Liability may not just be limited to the motorist. All individuals who may have been responsible due to their actions will need to be investigated.
A negligent driver
Any motorist may be held liable for an accident if they fail to yield, drive into the path of a motorcycle, change lanes without checking first, follow too close behind a motorcycle, operate a vehicle while distracted by something (such as texting), or were under the influence of alcohol/drugs at the time of the crash.
In order for a motorist’s negligence to be proven in court, there must be enough evidence to prove that the motorist acted unreasonably and that their unreasonable action resulted in the motorcycle being involved in the accident.
A driver’s employer or another vehicle owner
If the driver of the motorist was employed when the collision occurred, the employer may be responsible if the driver was performing duties that fell within the scope of his employment. To determine what constituted “duties,” investigators will review delivery records, the driver’s schedule, dispatch reports, and all emails sent via computer or cellular phone.
Ownership of a vehicle does not necessarily mean that you are also responsible for accidents. A vehicle owner may be liable for negligent entrustment if the owner entrusted the vehicle to someone the owner knew or should have known was incompetent, inexperienced, or reckless, and that incompetence contributed to causing the injury. Additionally, you may be liable for the actions taken by someone who is your employee or agent.
A motorcycle manufacturer or repair business
A motorcycle or parts manufacturer may potentially be liable for a defective product that causes a crash or injury. Sellers and distributors may face liability in some circumstances, although Illinois law provides procedures that can allow certain nonmanufacturing sellers to be dismissed from strict product-liability claims. Repair businesses may separately be liable when negligent repair work contributes to the crash or injury. These types of lawsuits typically involve an engineer’s evaluation of the motorcycle and require that it be preserved.
Merely because some portion of a motorcycle has malfunctioned does not necessarily mean that it is defective. There must be sufficient evidence demonstrating that the defect or faulty repair directly caused either the accident or injury.
A government road authority
Roads can contain hazards such as potholes, gravel, uneven pavement, construction zones, etc., which pose special dangers to motorcycles. Depending on who controlled or maintained the roadway, a public entity, contractor, or other party may potentially be liable. Claims against public entities are subject to statutory immunities and other requirements; for local public entities, Illinois law generally requires proof of actual or constructive notice of an unsafe condition in sufficient time to address it.
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Get FREE Legal Advice Now!
An experienced Joliet motorcycle accident lawyer knows what needs to be done. The minute you sign with Shuman Legal® – we start working.
Can You Recover if You Were Partly at Fault?
Yes, the amount of your recovery will depend upon how much fault was attributed to you. In Illinois, we use a version of the “modified comparative negligence” standard in determining the liability.
In accordance with 735 ILCS 5/2-1116, the victim who has been partially negligent may still receive compensation as long as his/her percentage of fault does not exceed fifty (50) percent. Any award will then be decreased according to the percentage of fault attributed to the victim. If it is determined that the victim was greater than fifty (50) percent at fault, no recovery will be allowed.
For instance, a rider who is found twenty (20) percent at fault in an accident should typically be entitled to recover eighty (80%) percent of all proven losses. On the other hand, a rider who is found one hundred percent (100%) at fault in an accident would have no entitlement to recover anything.
Insurance companies often allege against riders that they were driving erratically (speeding), did not leave enough space between vehicles (following too close), made an unsafe turn or maneuvered into another vehicle’s path, or failed to make any effort to avoid a collision. An insurance company’s allegation against a rider does not automatically constitute a fact merely because the same is repeated by an adjuster. A full assessment of the accident involves reviewing video recordings from cameras which captured the incident; assessing the physical damage done to each involved vehicle(s); analyzing statements from witnesses; and reconstructing what occurred during the collision.
What Insurance May Cover a Motorcycle Accident?
Liability Insurance of the at-fault driver is generally your first opportunity to collect on an accident claim; however, it is likely that you will have additional avenues to pursue as well.
In Illinois, the legislature has set the minimum motorcycle liability coverage of $25,000 for bodily injury or death to one person, $50,000 total for bodily injury or death to two or more people in one crash, and $20,000 for property damage.
You should also consider whether there is available coverage from:
- Your own uninsured motorist coverage;
- Your own underinsured motorist coverage;
- A commercial policy if the defendant was driving while employed;
- A business or vehicle owner’s coverage if the defendant owned or operated a vehicle or business; or
- Umbrella or excess coverage;
- Or product liability coverage if a defectively designed product caused the accident.
The relevant coverage will depend on the terms of your policies and the specifics of your accident. Our guide to uninsured driver claims provides more information about claims involving drivers with little or no insurance.
What Compensation Can a Motorcycle Claim Include?
Motorcycle injury cases are unique. There is no one-size-fits-all approach to calculating the monetary value of each claim. The value of a claim will depend upon the severity of the rider’s injuries; the availability of coverage under their insurance policies; the quality of evidence proving that another party was responsible for the accident; and the extent to which the rider will experience lasting consequences as a result of being injured in a motorcycle accident. As such, there is no single “formula” or “calculator” that can accurately predict the value of every possible motorcycle injury claim.
Possible recoveries may include:
- Costs associated with emergency services and hospitalization;
- Costs associated with surgery, physical therapy and/or rehabilitation, medications (including those prescribed for ongoing treatment), and any future medical costs;
- Any lost wages or diminished capacity to earn a living wage;
- Damages to the motorcycle or other related riding gear (i.e., helmets, jackets);
- Pain and suffering experienced by the rider due to his/her injuries;
- Permanent disability;
- Scars and/or disfigurements caused by the accident;
- Loss of enjoyment of everyday life activities;
The cost of lifetime treatments and support for riders who have suffered a traumatic brain injury (TBI), spinal cord injuries, amputations, etc. Our TBI compensation resource provides additional information about documenting brain injury losses.
If a rider dies as a result of their injuries, the personal representative of their estate may pursue wrongful death and survival claims. We have an extensive guide explaining who can file an Illinois wrongful death claim.
How Long Do You Have to File a Motorcycle Accident Lawsuit in Illinois?
The general deadline for an Illinois personal injury lawsuit is two years from when the claim accrued, usually the date of the crash. This deadline comes from 735 ILCS 5/13 202.
That does not mean every motorcycle case has exactly two years. Claims involving a local public entity generally must be filed within one year under 745 ILCS 10/8 101. Different rules may also apply when the injured person is a minor, a disability affects the limitations period, a product defect is involved, or the crash results in death.
The lawsuit deadline is also different from insurance reporting requirements. Waiting can make a valid claim harder to prove even when the filing period has not expired.
Why Choose Shuman Legal for a Joliet Motorcycle Case?
Shuman Legal has a dedicated motorcycle injury division and has represented hundreds of injured riders. Motorcycle cases are not treated as an occasional extension of the firm’s car accident practice.
The legal team can investigate the collision, identify available insurance, communicate with adjusters, document the rider’s medical progress, consult appropriate professionals, and prepare the case for litigation when a reasonable agreement cannot be reached.
Shuman Legal also maintains an office at 1000 Essington Road, Suite 126, in Joliet. Clients can work with a firm that understands Illinois personal injury law while having a local point of contact in the community.
Talk With a Joliet Motorcycle Accident Lawyer
If you were injured while riding, Shuman Legal can review what happened, explain the insurance and liability issues, and help you decide what to do next.
Contact the Joliet office at 1000 Essington Road, Suite 126, Joliet, Illinois 60435, or call to request a consultation with a Joliet motorcycle accident lawyer.
Every case depends on its own facts. A consultation does not guarantee a particular settlement or result.
