Cart
Were you involved in a Motorcycle Accident in Champaign, Illinois? An attorney will be able to assess potential damages and assist in obtaining the appropriate compensation that is supported by the evidence, as well as Illinois state laws. This article will explain how a motorcycle injury attorney can assist you as well as what you can anticipate with regard to their representation.
Key Takeaways
- An attorney can evaluate liability, preserve evidence, address insurance issues, and advocate for compensation supported by the facts and Illinois law.
- The most common reasons that cause motorcycles to be involved in accidents are driver distractions, speed limit violations, or hazardous road conditions. It may also be beneficial to speak with an attorney immediately so they can inform you of the deadline(s), any relevant insurance information related to the claim, and what other possible legal remedies may exist.
- Motorcycle crash victims may experience serious physical trauma, including traumatic brain injury, bone fractures, and spinal cord injury. Due to this severity, it’s especially beneficial to receive immediate medical care and legal counsel.
Why You May Need a Motorcycle Crash Attorney
The aftermath of a motorcycle accident can be overwhelming. The complexity of the law can make an injured motorcyclist’s situation even more difficult to navigate. An attorney can protect your rights under the law, assist with the insurance company’s involvement in this case, and represent you through the entire claims or litigation process. An attorney will be able to assess potential damages and assist in obtaining the appropriate compensation that is supported by the evidence, any insurance that may apply, and Illinois state laws.
A skilled advocate can assist you in getting fair compensation for injuries sustained as a result of a motor vehicle collision by:
- Protecting Your Rights
- Collecting Evidence
- Dealing with Insurance Companies
- Representing You In Court If Necessary
Personal-injury representation may be offered under a written contingency-fee agreement that explains the attorney’s percentage and the client’s responsibility for litigation expenses and other costs.
When you hire an attorney, you are hiring someone knowledgeable about the complexities of motorcycle accidents who can navigate the legal system for you, so you can concentrate on healing and rehabilitation while he or she takes care of the details of your case.
Most Common Reasons for Motorcycle Accidents in Champaign
The most frequent reasons for motorcycle accidents in Champaign can be attributed to several factors. Many of those factors relate directly to how other vehicle operators operate their vehicles. Distracted driving, by way of texting and other distracted behaviors, is a major contributor to motorcycle accidents. Also, when drivers do not pay enough attention to the roadway, they will miss motorcycles, or even if they do see them, they will take too much time reacting and therefore create disastrous accident results.
Another reason that contributes greatly to motorcycle accidents is speeding. When drivers travel at speeds higher than the posted speed limit, it reduces the amount of time they will have to react to sudden changes in traffic flow. This increased reaction time to respond to the unexpected will increase the chance of an accident occurring. Finally, many drivers also neglect to provide ample space from their vehicle to allow a motorcyclist to safely maneuver around them. Both of these factors contribute to motorcycle accidents caused by other vehicle operators.
If a governmental agency has allowed a dangerous condition on an Illinois public road that contributed to a car accident, then there are special Illinois laws that apply to claims against the government based on the specific type of claim (e.g., negligence, breach of contract), the amount of damages sought, and whether the governmental employee was performing his/her official duties when he/she caused your injury. When both are combined, the risk of an accident will dramatically increase. Due to the exposure of their bodies to road/traffic hazards, motorcyclists have a greater vulnerability to road/weather conditions than motorists who travel inside enclosures; therefore, they need to use extreme caution when riding in these types of situations.
Motorcycle accidents are often caused by driver error. Common errors that cause motorcycle accidents include:
- Failure to check blind spots while driving.
- Driving too close to other vehicles or making a wrong turn, which is dangerous.
- Neglecting to yield to oncoming motorcycles. All three create opportunities for motorcycle crashes. Familiarizing yourself with potential dangers when you ride will make it easier to be aware of your surroundings and provide an additional layer of protection in case of motorcycle accidents; this is why hiring a motorcycle attorney who has experience handling motorcycle cases is so important.
Types of Injuries from Motorcycle Accidents
Many motorcycle crashes result in serious injuries that will affect the rider for the rest of his or her life. Traumatic Brain Injury (TBI) is one of the worst types of injuries that riders may sustain. TBI can be sustained even while wearing a helmet. When a motorcyclist suffers a head injury as a result of a crash, it disrupts their brain functioning, and they may experience lasting problems related to cognition.
Broken Bones are another type of injury that motorcyclists frequently receive after being involved in an accident. A broken bone occurs when a motorcyclist falls off the bike and lands in such a way that causes them to break a rib, arm, or leg. Broken bones usually need extensive medical care and have extended periods of time before the motorcyclist can recover.
Road Rash and other Types of injuries from motorcycle accidents: Many motorcyclists suffer from “road rash,” which is abrasions caused by friction as their body slides along the ground after falling off a bike. In many cases, these abrasions may cause serious infection and/or disfiguring scars. If the motorcycle crash causes spinal cord trauma, it could be fatal. The possibility of severe or total paralysis exists if the force of the fall affects the lower (or upper) back or neck; this would severely restrict the victim’s ability to live a normal life.
Injuries resulting from motorcycle crashes illustrate why it is better to seek professional treatment for injuries and speak to an attorney who focuses on motorcycle accidents for assistance. An attorney can help document and pursue recoverable medical expenses, lost income, and other damages supported by the evidence.
Steps To Follow After A Motorcycle Crash
Illinois law also mandates immediate reporting by a motorist to a local police officer if they have been involved in a collision that resulted in personal injury or death, or exceeded the required statutory damage threshold. The most important thing to do at this time is to take care of yourself and your family with respect to injury and any treatment that might be required.
While you should attempt to leave active traffic lanes as soon as possible to avoid further danger, after doing so safely and legally, move to the nearest place where it will be safe, yet remain near enough to comply with Illinois’ mandatory “stop,” “exchange information,” and “render aid” statutes. If you have been involved in a motorcycle accident and do not believe you were injured, it would still be very beneficial to visit with a doctor or medical provider who could evaluate you for potential injuries that may not be visible at the time of the accident. If these types of injuries are left untreated, they can become worse over time.
Notify your insurance company immediately and follow the requirements of your policy for providing notice. Failure to do so could potentially impact your coverage in certain cases. Promptly preserving photographs, witness information, and medical records can help support a claim, although recovery depends on the facts and applicable law. Generally speaking, Illinois personal injury suits fall under a two-year statute of limitations. However, there are also government claims, as well as other specific situations that may have their own timeframes.
Proving Negligence In Motorcycle Accident Cases
The plaintiff in a case of negligence as it pertains to motorcycle crashes will typically need to establish through evidence four elements: the defendant had a legal obligation or duty; the defendant violated their duty (breach); the violation of the duty resulted in the plaintiff’s injury/damage (causation), and the breach was the cause of the damage/injury (proximate causation). The most common pieces of evidence are:
- Police reports
- Photographs
- Testimonies from witnesses
- Documentation of medical treatment: Gathering these items quickly after an accident is important for legal matters.
A negligence claim generally requires proof that the defendant owed a duty of reasonable care, breached that duty, and proximately caused the plaintiff’s injuries and damages.
Motorcycle accident attorneys have extensive experience with this type of claim. An attorney can investigate the crash, collect all the important available evidence, evaluate liability and comparative fault, and pursue compensation supported by the evidence and Illinois law.
Understand Damages in Motorcycle Accidents
Knowing what types of damages are available is critical when filing a motorcycle accident claim. Damages may include costs related to your medical treatment, lost earnings due to injury or time off work, as well as repair of your damaged vehicle. Medical bills are typically the most expensive aspect of damages. This includes costs associated with emergency rooms, doctor visits, physical therapy, and other long-term treatment.
A plaintiff may seek damages for proven pain and suffering and, when supported by the evidence, loss of a normal life. Damages for emotional distress or mental anguish may include fear, anxiety, depression, etc., that are proximately caused by the accident. The potential for a plaintiff’s emotional distress to be just as debilitating as their physical injuries has a direct impact on the plaintiff’s overall quality of life.
In addition to damages for physical and emotional harm sustained in an accident, damages may be recovered for any accidental injury that results in the plaintiff being severely disfigured. Such disfigurement may have a significant negative effect on the plaintiff’s self-esteem and/or his/her mental health. A spouse will also have the ability to make a derivative claim for Loss of Consortium (the right to companionship) if their injured spouse is entitled to pursue an injury claim as well.
Your attorney at Maguire Law Firm can help you navigate this process and advocate on your behalf based on the applicable laws of Illinois and supporting evidence.
Why You May Need a Motorcycle Crash Attorney
If you have been injured in an Illinois motorcycle crash, our attorneys can provide legal representation tailored to the circumstances of your claim. Free initial consultations are available. Contact us at any time to request a consultation with an attorney. We encourage you to contact us today so that we may assist you in understanding your options.
Our attorneys use case-specific strategies to investigate motorcycle claims and pursue compensation supported by the evidence and Illinois law. Each motorcycle claim presents its own set of circumstances, and therefore each client’s strategy will be tailored specifically for his/her individual situation. While representing your interests during the claims process, the attorneys of Motorcycle Safety Lawyers will communicate regularly with you to ensure that you remain fully informed throughout all aspects of the claims process.
Motorcycle Safety Lawyers represents injured motorcyclists in personal-injury claims and exclusively represents motorcyclists’ rights, providing protection from the many challenges that motorcyclists often face when pursuing a successful injury claim after being involved in a motorcycle crash. Our attorneys will advocate for compensation supported by your injuries, damages, available insurance, and Illinois law.
Frequently Asked Questions
How soon should I take action after being involved in a motorcycle accident?
Claims that are considered personal injuries in Illinois can generally be brought within 2 years after the claim arises, but there could be fewer days allowed on some governmental entity claims (or those subject to another circumstance) or a different timeframe for such claims. Look for medical attention immediately when appropriate and if you are injured or experience symptoms from your motorcycle crash. Illinois Statute also mandates immediate reporting by the fastest available means if an officer cannot take your report when you have been injured, or someone has died as a result of a crash, if the damage exceeds $1500, or if the damage is over $500 when a vehicle was involved which was legally obligated to be insured. Try to document as much information as possible about the location of the motorcycle accident to give an accurate record of what happened.
How can I establish another person's (negligence) responsibility for my injuries in a motorcycle accident case?
To establish negligence, the plaintiff must show the defendant had a duty to exercise reasonable care toward him/her; breached that duty; and as a direct result of such breach (i.e., proximate cause), the plaintiff was damaged or injured. Evidence can be acquired by getting a copy of any/all police reports of the motorcycle collision/accident. Additionally, obtain statements/testimony from anyone who witnessed your motorcycle crash. Focus on obtaining documentation of all medical treatment you received as a result of the motorcycle wreck. In addition, if the attorney has established the liability of the defendant(s) for the damages sustained by the plaintiff, he/she will collect on behalf of his client those damages, subject to Illinois’ Comparative Fault law and any defense available.
What types of financial damage am I entitled to receive in the event of a motorcycle accident?
Potential amounts of money awarded can also depend on both what evidence exists regarding your case as well as how much fault you have under Illinois’ comparative-fault system. Under Illinois modified comparative fault, negligence damages are reduced by your percentage of fault if you are 50% or less at fault; if your fault is more than 50% of the proximate cause, you are barred from recovering negligence damages. If your contributory fault is more than 50% of the proximate cause of the injury, Illinois law bars recovery of negligence damages. Depending on the evidence, an injured rider may seek proven medical expenses, lost income, property damage, pain and suffering, and other legally recoverable losses caused by the crash.
Why would hiring a motorcycle attorney be beneficial?
We highly recommend that you retain an experienced motorcycle wreck lawyer for your automobile collision claim. A motorcycle wreck attorney has years of experience in dealing with motorcycle wrecks; they can efficiently assist you through both the legal and insurance aspects of this type of case. An attorney can thoroughly review your claim, collect and keep records of available relevant evidence, converse with insurers when appropriate, and advocate for compensation supported by the facts and Illinois law.
How can your motorcycle attorneys assist me if I am located in Champaign, Illinois?
Our motorcycle lawyers will tailor a strategy plan according to your unique needs. We have our office in downtown Chicago(105 West Adams Street #2800) to make it easier for you to contact us; however, we will represent all types of motorcycle accident cases throughout the entire state of Illinois. We offer free initial consultations with an attorney. We offer free initial consultations with an attorney. You can conveniently call our office 24/7 to request an initial consultation. Please call or email us so that we may schedule an appointment. We offer free initial consultations with an attorney. You can contact our office 24/7 to request a consultation. When selecting an attorney, ask how they (and/or any other firm you are considering) communicate with their clients and update them on the status of their case. A lawyer from our firm can evaluate your legal options, help ascertain and navigate applicable procedural requirements, and represent your interests, but the outcome depends largely on the circumstances of the case.
