Chicago Motorcycle Accident Lawyer

From the time of the accident, you have two years to file a lawsuit for a motorcycle accident in the State of Illinois. This is not an absolute timeline for reaching a conclusion, but is a binding timeline for the decision to take your claim to court. While two years can seem like a long time, a lot must be handled in that time period, so it is not as generous as it might initially seem.

By speaking with an attorney as soon as possible after your accident, you will be in a better position for investigating the specifics of the accident to find evidence to support your case, and will have more time for negotiating for a proper settlement with the other party’s insurance.

Reaching out to witnesses as soon as possible after your accident improves your likelihood of them being able to properly remember the accident and assist you with your case. It is also important to gather the evidence surrounding your case before it deteriorates or is lost.

When it comes to being involved in a motorcycle accident, it is pretty likely that there will be injuries involved. Your first priority is to make sure that you and everyone involved is safe and receives medical care if needed. The first things you should do after an accident are:

• If safely possible, relocate to a safer location, such as the side of the road.
• Call 911 for emergency medical attention if needed, and to report the accident to the authorities.
• Note down the make and model of the vehicles involved in the accident
• Take photographs of the scene, such as your damages, the vehicles involved, and your immediate surroundings, such as skid marks or other damage on the road.
• Exchange insurance information with the other party, but do not discuss who is at fault
• If possible, exchange contact information with any witnesses and the other party involved.
• Seek medical care for your injuries. If they are not life-threatening, you should wait to be cleared to leave by the authorities, but seeking medical care as soon as possible after the accident is crucial for your recovery and to support your claim.

While you will have to report the accident to your insurance, it is a good idea to first speak with a Motorcycle Accident Attorney as soon as possible. They will be able to help you explore your options, deal with insurance without being taken advantage of, and investigate the accident.

Legally, no. Illinois is one of the few states in which helmets are not legally required while riding a motorcycle. However, just because you are not legally required to wear a helmet doesn’t mean you should stop using one.

• One in five motorcycle crashes results in head or neck injuries.
• When riding at low speeds, a helmet can reduce the risk of head injuries in half.
• Riders with helmets are three times as likely to survive head injuries caused by a crash.
• In States with reduced helmet use, motorcycle accident fatalities increased by as much as 80%

The risks of failing to wear a helmet are simply not worth it. Still, an experienced motorcycle accident lawyer knows the law and will be able to help you pursue fair compensation even if you were not wearing a helmet.

Motorcyclists on the road face many dangers that other motorists don’t. Sometimes incidents that would be a minor issue with a car, leading to a dent or damaged paint, can be a serious problem for motorcyclists who don’t have the same level of protection. Some of the most common causes for motorcycle accidents include:

• Left turns: When a car is making a left hand turn, they are less likely to see and more likely to hit a motorcyclist. This makes left turns at intersections one of the most dangerous places for motorcyclists.
• Distracted drivers: Distracted drivers texting or using other devices are one of the most common causes of motor accidents in general. While carelessly bumping into another vehicle while distracted may be startling for them, it can be lethal for motorcyclists.
• Unsafe lane changes: When drivers are distracted or otherwise don’t see a motorcyclist, turning into their lane can often lead to crashes or other accidents as the motorcyclist attempts to avoid a collision.
• Dooring: Suddenly opening car doors can be a major hazard for motorcyclists, whether it leads to a collision or a crash while attempting to avoid one.
• Road Hazards: Potholes, puddles, and debris such as gravel on the road are a much bigger threat to motorcyclists than other vehicles. With only two wheels and no protection from impacts, even relatively minor hazards can lead to serious injuries.

There are many more potential hazards for motorcyclists, but these are the most common.

As long as your motorcycle is designed to support a passenger, yes. In this case, designed to support a passenger means that your motorcycle has an appropriate seat  as well as separate footrests for your passenger. As long as they are not in a sidecar, they must also properly straddle the bike, with one leg on either side.

As long as your motorcycle meets these requirements, you’re allowed to take a passenger with you. There is also no specific age requirement for passengers, though they should be able to safely reach the foot pedals for stability.

Both the driver of the motorcycle and the passengers are also required to wear protective eyewear such as driving goggles, unless the motorcycle is equipped with a transparent windshield.

The time immediately after a motorcycle accident can be very stressful. You or a loved one have been hurt, you’re not sure how long it’ll take to recover, and… how are the bills going to be paid? Even if you make a claim against the other driver’s insurance, will that be enough to cover your expenses?

• Medical bills, as well as expected medical expenses related to your recovery
• Lost wages: Time you were unable to work while recovering from your injuries
• Lost earning potential: Impacts from long term injuries leading to being unable to do certain kinds of work.
• Rehabilitation
• Pain and suffering: The emotional impact of your injuries, changes to your relationships as a result, loss of quality of life such as being unable to perform activities you previously enjoyed
• Damage to your bike

Depending on the specifics of your case, there may also be other kinds of damages involved. An experienced Motorcycle Accident Lawyer will be able to help you go over the details of your case and help fight to ensure that you receive the full compensation you deserve.

Chicago, and the State of Illinois in general, follows a system for liability called Comparative Negligence. This basically means that the court will look at each party’s contribution to the accident and rate it as a percentage of responsibility for the accident. 

As long as someone is considered to be at less than 50% fault for an accident, they can still be compensated for the accident, but their compensation would be reduced by their percentage of fault. For example, if you were 30% at fault and your damages came out to be $10,000, you could still receive up to $7,000.

As for how negligence is determined, there are four conditions that are taken into account:

• There was a duty: The individual must have a responsibility to the plaintiff. In this case, to drive sensibly, to be unimpaired while driving, and to follow the rules of the road, guidance from signage, and speed limits.
• There was a breach of duty: There must be evidence that the other party did not fulfil their duty of care, such as by driving while intoxicated, careless or aggressive driving, or a city failing to keep it’s roads safe.
• The Injury was caused by the breach: The injuries suffered must have been caused by the breach of duty. In this case, by the other party’s negligence that caused the accident.
• Damages were suffered: The plaintiff must prove they have suffered damages as a result of the accident. This includes a variety of factors, including your injuries caused by the accident as well as any other damages that may have been caused by the accident, such as loss of wages from time spent unable to work or damage to your motorcycle.

All of these things can be quite difficult to keep track of and prove, and insurance companies will want to keep the amount of money they have to pay out to a minimum. If you have been involved in an accident, in order to ensure you have the best chance of receiving justice and the compensation you deserve, you should reach out to a personal injury lawyer for a free consultation.