Motorcycles can be fun and exciting to drive and they are an increasingly popular form of transportation, but an accident that occurs while you are operating or riding on a motorcycle can be particularly devastating.
According to the National Highway Traffic Safety Administration, motorcycle ownership in the U.S. is increasing every year.
However, this growth also means that there is a corresponding increase in the number of accidents involving motorcycles every year as well.
In fact, during the past ten years, the number of motorcycle fatalities in the United States has nearly doubled. In Chicago alone, over 100 people die in motorcycle crashes or collisions every year.
Motorcyclists are at a higher risk for injury than most motor vehicle operators.
This is because compared to other vehicles, motorcycle riders are occupying a smaller, less visible area of the road and they are less protected.
The relatively small size of motorcycles exacerbates the risk of catastrophic physical and financial losses.
What’s important to note is that in most motorcycle accidents, the other driver is found to be at fault.
Therefore, if you or a loved one were injured in a motorcycle accident, it is especially important that you contact a personal injury attorney as soon as possible after seeking medical attention to protect your rights in the event of a motor accident injury or fatality and ensure that you get the compensation you are rightfully owed in the eyes of the law.
How Do I Find a Motorcycle Accident Lawyer in Chicago?
If you were in a motorcycle accident in Chicago and you need a personal injury attorney because you were not at fault and suffered damages, then contact the experienced motorcycle crash lawyers at Zayed Law Offices.
Causes of Motorcycle Accident Injuries
The most common causes of death or severe injury in a motorcycle accident include but are not limited to:
- Driver negligence (both the motorcycle driver and other drivers who may be operating a car, truck, or other motor vehicle
- Driver impairment due to drugs or alcohol (DUI, DWI, or drunk driving)
- Distracted driving
- Inclement or hazardous weather like rain, hail, snow, sleet, or high winds
- Road hazards such as debris in the road or other types of poor road conditions
The type of damages one can claim in the event of a Chicago motorcycle accident under the Illinois legal system include but are not limited to medical expenses, wage loss, pain and suffering, future medical expenses, future impairment of earning capacity, and future pain and suffering.
Who is at Fault in a Motorcycle Accident?
Motorcycle accidents can occur for any number of reasons or a combination of reasons; however, the one thing nearly all motorcycle accidents have in common is that they involve factors that were outside of the victim’s control.
Causes of motorcycle crashes or wrecks can include but are not limited to:
- Speeding or driving at speeds above and beyond the posted speed limits
- Speeding or going at imprudent speeds for the weather, condition of the road, or the speed of fellow motorists (this includes going too quickly or too slowly)
- Driver impairment because of alcohol, drugs, or other controlled substances
- Driver impairment due to fatigue
- Driver impairment due to age
- Driver impairment due to illness or injury and associated symptoms or side effects (such as a concussion or other head injury)
- Driver lacks a valid driver’s license in the state or jurisdiction
- Distracted driving due to talking on their cell phone, texting on their cell phone, fiddling with the radio or stereo, or eating in the vehicle
- Poor road conditions including inclement weather like rain, ice, snow, or other precipitation
- Poor road conditions due to damage like potholes or cracks
- Poor road conditions due to foreign objects like branches, auto parts, or other debris on the road surface
- Poor road design and layout, such as lack of or bad visibility, dangerous surface conditions, and improper or insufficient road markings or signage
- Mechanical failure of the vehicle or vehicles including tires, brakes, and steering mechanisms
When you have been involved in a motorcycle accident or collision, there are varying degrees of fault and multiple elements are play when it comes to proving fault and taking effective action against the perpetrator or perpetrator of the accidents.
Filing a lawsuit for a motorcycle accident can be complex and require a broad range of expertise in order to prove fault and successfully recover damages.
The personal injury attorneys at Zayed Law Office have extensive experience dealing with motorcycle accidents and will provide you with a sound basis on whether you should pursue a lawsuit or action in court and help you file and negotiate your motorcycle accident lawsuit case.
Motorcycle Accident Attorneys in Chicago
If you or a family member were in a motorcycle accident in Chicago or the surrounding areas, then perhaps one of the first things you do – after you get medical attention of course – is to contact a Chicago motorcycle accident attorney who has experience handling personal injury lawsuits related to motorcycle accidents.
After all, if you or a loved one were recently involved in a motorcycle crash and an injury occurred as a result of that motor vehicle accident, then you may be able to claim damages including associated medical expenses, future medical expenses, wage loss, future impairment, or loss of earning capacity, and current and future pain and suffering.
Qualified motorcycle lawyers can help you determine the best next steps and how to file a lawsuit during the aftermath of a motorcycle accident when you may be recovering from injuries and dealing with all of the stress, healing, and other repercussions of being in a motorcycle wreck.
What Should I Do if I was in a Motorcycle Accident?
If you have been involved in a motorcycle accident or auto wreck involving a personal injury and you suspect that you have a cause of action for a lawsuit, you should contact the best motorcycle accident lawyer as soon as possible, avoid speaking with insurance company representatives until you can secure legal counsel, and collect the following information:
- The full legal name, telephone number, driver’s license number, current address, and information for all parties involved in the motorcycle accident
- The full legal names, addresses, and telephone numbers for all passengers and pedestrians who could be considered potential witnesses
- Observations pertaining to the accident such as whether another driver appeared to be under the influence of drugs or alcohol, poor road conditions, or vehicle defects prior to the accident like broken headlights or brake lights
- Location, details, time, and date of the motorcycle accident
- Contact information for any police officers or first responders on the scene
Writing down or recording everything in the best detail you can remember as quickly as possible following the motor vehicle accident will help you keep track of important elements and avoid memory issues later.
Your motorcycle accident lawyer will thank you – and you will thank yourself for having the presence of mind to capture details that could prove to be vital information in court later.
When you see a doctor after the accident, whether it is in the emergency room or a first responder or you see your physician later, always ensure you get copies of all reports and information from the medical team to help document your injuries and subsequent medical costs.
Do I Need to Hire a Motorcycle Crash Attorney?
After being injured in a motorcycle accident, it is likely you will require insurance support and funding for medical bills and more.
Accordingly, if you were in a motorcycle accident in Chicago and you need a motorcycle injury attorney because you were not at fault and suffered damages, then contact a motorcycle injury lawyer at Zayed Law Offices.
It is important to seek legal counsel during the aftermath of a motorcycle accident or any other motor vehicle collision because insurance companies pay, on average, almost triple the original or established amounts in cases where the victim is represented by a lawyer.
Therefore, it is essential to contact a motorcycle wreck lawyer or motorcycle accident attorney as soon as possible after an accident so that they have the best possible opportunity to track down any and all witnesses and investigate key evidence before it is purposefully or inadvertently destroyed.
What Does a Collision Lawyer Handle in a Motorcycle Accident Lawsuit?
A collision lawyer or motorcycle accident lawyer handles all the details of filing a lawsuit and bringing it before a judge and jury or ensuring there is a satisfactory out-of-court settlement, and everything in between.
What Do I Do After Being Involved in a Motorcycle Accident in Chicago?
The first and most important thing that you should do after being involved in a motorcycle accident in Chicago is to seek medical attention immediately.
You should always see a doctor if you have been involved in a motor vehicle accident of any kind, even if you feel okay at first.
That’s because it is all too common to walk away from a car accident – even a seemingly minor wreck – only to realize that you are suffering from whiplash, neck or spinal injuries, a concussion or other head injury or other injuries days or even months later.
Therefore, even if you feel fine, you should see a medical professional soon after being in a motorcycle accident in Illinois – or anywhere else.
It is unfortunately common for individuals to try and “tough it out” in the aftermath of a motorcycle accident, but postponing medical treatment can amplify injuries or make an already serious injury worse.
What’s more, postponing medical treatment or delaying medical treatment after a motorcycle accident – even if it is just a quick physical exam to ensure that you don’t have whiplash injuries, a concussion, or similar issues that may get worse before they get better – can jeopardize the strength of your personal injury claim because the defendant may posit the fact that your injuries or health issues could be due to another problem, source, or incident.
You can strengthen your motorcycle accident personal injury case if you take these steps immediately after a motorcycle collision or crash:
- Call medical services, emergency personnel, or first responders to the scene immediately, especially if other victims are incapacitated or appear to be suffering from grievous injuries
- Call the police and be sure to get the appropriate contact info to follow up with reports of the accident
- Get the contact information and insurance information of the other driver or drivers involved in the motorcycle wreck
- Take photographs or videos of the accident
- Make notes – written or voice recordings – on the details of the accident. Time-stamped and dated notes are best and your cell phone likely has an app that allows that for this form of capturing information
- Collect the information of any possible witnesses and note the location of any security cameras or similar devices that may have captured the incident (local business, homes, etc. all may have cameras in place)
- Notify your insurance carrier
Be sure to stay at the scene of the accident until all these steps are completed if your physical health permits.
If you were involved in a motorcycle crash and suffered an injury or other damages, the motorcycle collision lawyers at Zayed Law Offices can assist you through the entire motorcycle accident personal injury lawsuit process.
Chicago Motorcycle Accidents Where the Driver at Fault Was Uninsured
If you or a family member were involved in a motorcycle accident where the other party was uninsured or under-insured, know that you still have several avenues of recovery for damages.
It is not uncommon for a driver who is proven to be at fault in an accident to lack insurance coverage or to not have the proper motor vehicle insurance policy; therefore, you may have to look to your own motorcycle insurance policy for “uninsured” and or “under-insured” motorist provisions in the event of a crash, accident or collision with a driver that did not carry adequate insurance.
Even if the at-fault party in a motor vehicle accident did not have the appropriate insurance, your insurance company will still be obligated to provide some coverage for your injuries.
The extent of this compensation will be outlined in your insurance policy.
The same goes for a case where you or a family member were injured or even killed in a motorcycle accident where the driver at fault did not carry enough insurance coverage to adequately compensate you for your injuries.
If you were hit by an under-insured driver, your insurance company will still be obligated to provide compensation to make up the difference.
The extent of this coverage will be defined in your insurance policy documents and your insurance company representative can help you understand what is covered.
In Illinois, motorists and their insurance companies are required to maintain provisions for accidents caused by uninsured and under-insured drivers.
This type of motor vehicle insurance coverage can prove to be incredibly useful in the event of an accident.
For example, statistics from the Insurance Research Council show that the number of uninsured drivers is nearly 25% in some states, with approximately 15% to 17I % of U.S. being uninsured.
It’s also important to note that these provisions for collisions with uninsured or under-insured drivers generally only covers bodily injury and not property damage (e.g., damage to or the destruction of your vehicle), so you should check your own insurance policy and work with established motorcycle crash attorneys if you were involved in a collision with an uninsured or under-insured driver.
What Should I Do If I Was in A Motorcycle Accident with An Uninsured Driver?
All of the aforementioned advice holds true if you were in a motorcycle accident with an uninsured or under-insured driver, but there are some extra considerations.
The state of Illinois requires that all drivers carry minimum levels of motor vehicle insurance, and in the event that a motorist does not meet his or her obligation to carry the mandatory operator insurance that is adequate for their vehicle and situation, you may be concerned that you are without financial recourse to redress your injuries.
An experienced Chicago motorcycle accident lawyer will be able to handle this situation and help you obtain the compensation you deserve for your losses.
What Should I Do If the Other Driver’s Insurance Company Contacts Me After a Motorcycle Accident?
You should never speak to any representative of the insurance company of the person who was at fault for the motorcycle accident, or the representative of any insurance company that is not your own provider.
Furthermore, it is a good idea to never speak to insurance company representatives without the assistance or presence of your lawyer, since insurance company reps and lawyers generally work to protect the interests of the company first and policyholders second.
Claims adjusters employed by insurance companies are experts at mitigating losses and decreasing or lowering the claims of victims, even if they are completely valid.
It only goes to follow that if you were in a motorcycle accident or crash you should retain the services of a motor vehicle accident lawyer who can advise you and counsel you through the personal injury lawsuit process.
Unlike the insurance companies, your motorcycle accident lawyer works for you and their only goal is to increase your recovery and ensure that you receive all the compensation that you are entitled in the event of an injury from a motorcycle crash or collision.
How Much is a Motorcycle Accident Lawsuit Worth?
The value of a motorcycle accident lawsuit varies depending on the extent of the injuries caused and their long-lasting effects.
Destruction of property and the cost of the motorcycle and other vehicles involved may also play a role.
Under Illinois law, the plaintiff in a motorcycle accident lawsuit can pursue compensation for losses including but not limited to…
- Current and future medical costs including but not limited to hospital visits, doctor’s appointments, physical therapy, ambulance fees, and other related costs for medical care necessary to recover from motorcycle accident injuries. This can include future costs of care as well, which is particularly valid in the case of catastrophic injuries such as the loss of a limb or limbs or paralysis.
- Pain and suffering or the emotional distress and anguish that result from the motorcycle accident or motor vehicle collision, including the costs of mental care for post-traumatic stress disorder or similar conditions that were caused by the motorcycle crash
- Lost wages from missing due to injuries from the motorcycle accident, which can be one of the most financially devastating aspects of being involved in a motorcycle accident
- Loss of future income due to injuries from the motorcycle wreck, including loss of limbs, paralysis, or other physical or mental impairment that may have occurred as a direct result of the motorcycle crash
If you or a loved one were involved in a motorcycle accident and you believe that you have a personal injury case and are owed damages, contact a motorcycle accident injury lawyer as soon as possible.
The motorcycle accident attorneys at Zayed Law Offices are here to assist you throughout the entire process.
Motorcycle Accident Wrongful Death Lawsuits in Chicago
In the case of wrongful or accidental death due to the negligent conduct of another party or parties in a motor vehicle accident, their heirs have the right to file an accidental death lawsuit under Illinois law, which allows for a cause of action to be brought on behalf of family members or heirs of the deceased.
Accidental death lawsuits stemming from motorcycle accidents can cover medical bills and related expenses, pain and suffering, loss of earnings, and emotional distress for the family of the deceased.
These losses are compensable in the state of Illinois under the Illinois Survival Act.
A motorcycle accident attorney experienced in handling these types of suits will be able to assist your family during this difficult time of unimaginable loss and handle the associated lawsuits and insurance claims so your family doesn’t have to and can focus on their grieving process and recovery.
Motorcycle Accident Damages and Settlements
The value of a motor vehicle accident case depends on the damages caused and the extent of harm incurred by the victim or victims.
Damages can be recovered or settlements made for a number of reasons, including but not limited to:
- Disability due to injuries from the accident
- Current or immediate medical bills
- Future medical bills
- Loss of earnings or wages (in the present)
- Loss of earning capacity in the future (in the event of a disability or catastrophic injury, or wrongful death)
- Emotional distress
- Pain and suffering
- Property damage or destruction of your vehicle
After being involved in a motorcycle accident, you may have experienced significant discomfort, pain, injury, inconvenience, or catastrophic damage to your person such as the loss of a limb(s) or paralysis.
You may have missed and may continue to miss significant amounts of work or may even no longer be able to work in your previous capacity.
Motor vehicle incidents may even involve catastrophic injury or fatalities for the driver or their passengers, which could lead to a wrongful death lawsuit.
Filing a lawsuit against the negligent parties in a motorcycle accident is a way of recovering or recouping the loss or damages for the accident and ensuring that medical bills, loss of income, and other pain and suffering that occurred as a result of the accident are taken care of as best allowed by the Illinois and United States legal system.
Motorcycle Accident Trials
While a motorcycle accident or motor vehicle crash lawsuit case may be settled out of court for a monetary amount agreed upon by both the defendant and plaintiff and their lawyers, an auto wreck case may go to trial if a satisfactory settlement cannot be reached.
Motorcycle accident lawsuits go to trial due to a number of reasons.
For instance, if the vehicle operator or negligent party or parties are solely at fault but their insurance won’t acknowledge the fault of the policyholder, the case may be taken to trial to enable a judge and jury to decide if damages should be awarded and in what amounts.
Statute of Limitations for Motorcycle Accident Lawsuits
In the state of Illinois, the time limit or statute of limitations for personal injury cases due to motorcycle crashes or other motor vehicle accidents is two years from the date that the crash occurred.
If a motorcycle accident victim or their family members (in the case of wrongful death) fails to file a lawsuit against the alleged negligent or at-fault party or parties within this two-year window, they will be unable to recover the compensation they may deserve.
However, if the motorcycle accident in question involved a government or municipally owned vehicle such as an ambulance, police car, or fire truck, the statute of limitations may be dramatically shortened to 180 days with zero exceptions and the burden of proof may be higher.
Therefore, securing legal counsel as quickly as possible after being involved in a wreck or collision with a government vehicle is essential if you hope to recover damages.
Fatalities and Motorcycle Accident Lawsuits
If you have lost a loved one in a motorcycle accident or other motor vehicle accident, you may have grounds or a cause of action for a wrongful death lawsuit.
While no amount of money or financial recovery will ever fully assuage your grief, you have the right to compensation.
Working with a Chicago wrongful death attorney who has experience handling wrongful death cases in Illinois can help you recover costs for medical bills, loss of income, loss of companionship, and pain and suffering.
Navigating the complexities of motorcycle accident lawsuits and wrongful death lawsuits and ensuring that appropriate at-fault parties and their insurance companies pay the full settlement or damages owed is a job for a motorcycle accident lawyer, so if you believe you may have a motorcycle crash wrongful death case, contact the personal injury attorneys at Zayed Law Offices as soon as possible.
Injured in a Chicago Motorcycle Accident? Our Motorcycle Accident Lawyers are Here to Help
At Zayed Law Offices, our first and foremost goal is to protect the rights of the injured.
If you or a loved one have been in a motor vehicle accident and you have questions about personal injury lawsuits or compensation for your medical bills and pain and suffering, are wondering how to pursue a personal injury case, or whether you have a cause of action to file a legal claim against the person or persons who caused your motorcycle accident, we can help you understand the associated laws and your options.
We know that a motorcycle accident can be a catastrophic and traumatic event that affects you, your family, and your career in many complicated and devastating ways.
Furthermore, the effects of being in a motor vehicle accident can last for many years into the future, affecting your health, medical costs, current and future income, and even your family’s future if you lose earning capacity or the ability to care for yourself.
What’s more, if you’ve lost a loved one to a motorcycle crash or motorcycle fatality, you deserve a settlement and to deal with the grieving process as best you can without the extra stress of dealing with insurance companies and other third parties.
All of the above reasons are why you should work with a personal injury attorney who has experience dealing with motorcycle wrecks and motorcycle crash injuries who can help you recover costs for pain and suffering, loss of earnings, loss of earning capacity, medical bills, disability, and emotional distress.
Have you been in a motorcycle collision with another personal or commercial motor vehicle operator and need a motorcycle accident lawyer to help you sue for damages?
We welcome the opportunity to speak with you about your legal situation and help you determine the next steps.
Please contact Zayed Law Offices in Chicago, Wicker Park, Aurora, Joliet, Peoria, Rockford, or Wheaton, and schedule a free case review and confidential initial consultation by completing our short contact form.
We’ll schedule a time that is convenient for you and please note that you will not pay lawyer’s fees unless we recover compensation for you.
The party who is at fault will be responsible.
A thorough and immediate investigation of a motorcycle accident is essential to maximizing your recovery. Insurance companies are likely to be at the scene of a serious motorcycle accident, and it is important to glean as much information as possible early on in a personal injury case.
Yes. Even if a motorcycle accident is caused by a vehicle that drives off unidentified, or if the motorcycle collision is caused by a hit and run situation, you will be able to file an uninsured motorist policy claim for your losses.
Yes. The law presumes that a remedy exists for every civil wrong. If you have been wronged, the person who was at fault will be susceptible to suit, even if you didn’t carry insurance on your motorcycle.
Whether or not you were wearing a helmet while riding a motorcycle will not impact your ability to bring a lawsuit.
Sometimes motorcycle accidents are caused by roadway defects, such as potholes or rough paving, poorly designed curves, or inappropriate urban planning. These cases will usually require the assistance of a road design expert, surveyors, lighting experts, and a thorough investigation. The state may be liable for inappropriately designing or maintaining the road.