Chicago Motorcycle Accident Lawyer
If you or a loved one has been involved in a motorcycle accident, it’s crucial to understand the common causes, what steps to take after the incident, and the potential legal implications. Most motorcycle accidents in Illinois are frequent and severe, often resulting in significant harm to motorcyclists.
Chicago motorcycle accident lawyers can offer legal assistance and representation, helping you navigate the complexities of these cases, from distracted driving to types of injuries and typical damages.
Explore the key factors to consider in motorcycle accident cases to ensure you receive the compensation you deserve.
Common Causes of Motorcycle Accidents
Most motorcycle accidents occur due to various common causes, including distracted driving, speeding, lane splitting, failure to yield, and drunk or impaired driving. These accidents often happen at intersections, highways, and open roads, resulting in severe motorcycle accident injuries, fatalities, and significant legal consequences for those involved.
Distracted driving is a significant factor in motorcycle accidents, with studies showing that a high percentage of collisions involve a driver who was texting, talking on the phone, or otherwise distracted. For example, a rider might be at an intersection when a car driver, distracted by their phone, fails to notice the motorcyclist and proceeds to turn left, causing a serious crash.
Speeding is another common cause, often leading to severe injuries or fatalities. According to traffic safety data, a large number of motorcycle accidents resulting from excessive speed occur on highways or open roads where riders lose control during high-speed maneuvers. This recklessness can have devastating consequences, such as permanent disabilities or even loss of life.
Distracted Driving
Motorcycle accidents occur frequently due to distracted driving, where drivers divert their attention from the road due to various activities like texting, talking on the phone, or adjusting the radio.
These distractions can significantly impair a motorcyclist’s ability to react swiftly to sudden changes in traffic conditions, increasing the risk of collisions and serious motorcycle crash injuries. According to
statistics, an alarming number of motorcycle accidents are directly linked to distracted driving, with a significant percentage resulting in fatalities or life-altering injuries.
For instance,
a recent study revealed 8% of fatal crashes, 12% of injury crashes, and 11% of all police-reported motor vehicle traffic crashes in 2022 were reported as distraction-affected crashes. The consequences of these incidents can be devastating, not only for the motorcyclists but also for their families and loved ones.
Speeding
Most motorcycle accidents are significantly influenced by speeding, as higher speeds reduce reaction times and amplify the severity of collisions. The National Highway Traffic Safety Administration has indicated that in 2021,
33% of all motorcycle riders involved in fatal crashes were speeding.
A motorcycle accident caused by speeding often results in devastating consequences, leading to serious injuries and fatalities. Fatal motorcycle accidents are particularly concerning, as they highlight the vulnerability of motorcyclists and the higher percentage of fatalities compared to total crashes. The excessive speed not only affects the rider’s ability to navigate unexpected obstacles but also makes it harder for other drivers to predict their movements.
In many instances, speeding violations can lead to hefty fines, points on the driver’s license, or even license suspension.
To avoid the legal repercussions of speeding, it’s crucial for riders to adhere to the posted speed limits and adjust their speed according to road conditions. By practicing responsible speed management, motorcyclists can enhance their safety on the road and reduce the likelihood of accidents.
Lane Splitting
Lane splitting, the practice of riding a
motorcycle between lanes of slow or stopped traffic, can lead to accidents due to limited space and reduced visibility for both riders and drivers. Motorcycle accidents occur frequently in such scenarios, highlighting the risks associated with lane splitting.
It is crucial for riders to understand the risks associated with lane splitting to ensure their safety on the road. While some advocates argue that lane splitting can reduce traffic congestion and help motorcyclists avoid rear-end collisions, it is important to acknowledge the potential dangers involved.
Legal considerations vary by jurisdiction, with some states explicitly permitting lane splitting while others prohibit it. This lack of uniformity can create confusion for riders who may not be aware of the laws in a particular area.
When engaging in lane splitting, it is essential for motorcyclists to exercise caution and be mindful of their speed, the width of the lanes, and the behavior of surrounding vehicles. By following proper guidelines and practicing defensive riding techniques, riders can minimize the risks associated with this maneuver.
Failure to Yield
Most motorcycle accidents occur when drivers fail to yield the right of way to motorcycles, leading to serious injuries or fatalities.
When drivers fail to yield, they put motorcyclists in a vulnerable position, often leading to catastrophic outcomes. In busy intersections, a moment’s hesitation or misunderstanding of who has the right of way can quickly escalate into a collision.
Consider the scenario where a car makes a left turn without checking for oncoming motorcyclists. Such negligent actions can result in T-bone accidents, causing severe harm to the rider due to the lack of protection compared to enclosed vehicles.
Adherence to traffic laws is essential to ensure the safety of all road users. Respecting the right of way not only prevents accidents but also fosters a culture of mutual respect and responsibility on the roads.
Drunk or Impaired Driving
Driving under the influence of alcohol or drugs poses a significant risk to motorcyclists, as impaired drivers have reduced coordination, judgment, and reaction times. Motorcycle accidents occur frequently due to impaired driving, emphasizing the dangers involved.
Motorcycle accidents involving alcohol or drug-impaired individuals have devastating consequences, often resulting in severe injuries or fatalities. In the United States alone,
statistics reveal that approximately 30% of all motorcycle riders involved in fatal crashes have a blood alcohol concentration (BAC) above the legal limit.
These alarming figures underscore the grave danger posed by drunk or impaired driving in the context of motorcycle accidents. Not only do impaired drivers endanger themselves, but they also put other road users, including motorcyclists, at great risk. A fatal motorcycle accident can lead to wrongful death claims, highlighting the need for legal assistance after such incidents.
The legal implications for drivers found to be under the influence in accidents can be severe, leading to criminal charges, license suspension, hefty fines, and even imprisonment.
What to Do After a Motorcycle Accident
After a motorcycle accident, it is crucial to seek immediate
medical attention, contact the police, gather evidence, and exchange information with the involved parties to protect your legal rights and ensure proper medical treatment. Understanding the process of filing a motorcycle accident claim is essential to ensure you receive the compensation you deserve.
Once you have addressed the immediate concerns, the next step is to
document all injuries sustained and damages to your motorcycle. Taking detailed photographs of the accident scene, your injuries, and any property damage can play a pivotal role in supporting your insurance claim or legal case.
It is essential to report the incident to your
insurance company promptly. Provide them with accurate details of the accident, your injuries, and any property damage. This initial step will kickstart the claims process, helping you receive the necessary support.
Seeking
legal representation is advisable to navigate the complexities of motorcycle accident claims. An experienced motorcycle accident attorney can assist in dealing with insurance companies, negotiating settlements, and ensuring that your rights are protected throughout the legal proceedings.
Seek Medical Attention
Seeking immediate medical attention after a motorcycle accident is crucial, even if injuries seem minor, as some injuries may have delayed symptoms or internal damage. Documenting injuries is also essential for a motorcycle accident claim.
Riders involved in accidents may experience shock or adrenaline that initially masks pain, so it’s vital to have a medical professional assess any potential injuries. Injuries like whiplash, concussions, internal bleeding, or nerve damage may not be immediately apparent but can have serious long-term consequences if left untreated. Documenting medical treatment not only helps ensure proper care but also plays a crucial role in insurance claims and legal proceedings that may follow an accident.
Contact the Police
Contacting the police after a motorcycle accident is essential to document the incident, gather evidence, and create an official report that can be crucial for insurance claims and legal proceedings. A police report is also vital for a motorcycle accident claim, as it provides an official account of the incident that can support your case.
Law enforcement plays a critical role in these situations by arriving at the scene to assess the situation impartially.
Police officers meticulously document the details of the accident, including factors that caused it and the conditions at the time. This information forms the basis of the official police report, which is a valuable document for determining fault and liability.
When interacting with the police, it’s important to remain calm and provide accurate information. Cooperation with the authorities is key to ensuring all aspects are accurately documented.
Gather Evidence
Collecting evidence at the scene of a motorcycle accident, such as taking photos, exchanging information with witnesses, and documenting road conditions, can strengthen your case for insurance claims and legal proceedings. Gathering this evidence is also crucial for a successful motorcycle accident claim.
Another crucial type of evidence to gather after a motorcycle accident is witness statements. Eyewitness accounts can provide valuable details and perspectives that may support your version of events.
In addition, preserving physical evidence, like damaged vehicles and personal belongings, is essential for reconstructing the accident accurately. This evidence can be crucial for determining fault and liability.
Thorough documentation is key – recording details such as weather conditions, traffic signs, and any visible injuries can all contribute to building a solid case.
Exchange Information
Exchanging information with the other parties involved in a motorcycle accident, including contact details, insurance information, and vehicle registration, is crucial for processing insurance claims and negotiating settlements.
It is important to gather the names, addresses, phone numbers, and email addresses of all parties involved, as well as their insurance company names and policy numbers. This information will be essential for filing claims and communicating with insurers. This information is also vital for a motorcycle accident claim.
Insurance companies play a pivotal role in the aftermath of a motorcycle accident. They will assess the damages, liability, and coverage to determine compensation. Providing accurate and detailed documentation, such as police reports, medical records, and photos of the accident scene, can help expedite the claims process.
To ensure a smooth settlement process, keep a thorough record of all medical expenses, repair costs, and any other losses incurred due to the accident. Documenting the extent of injuries, including doctor’s notes and treatment plans, can strengthen your claim for compensation.
Comparative Negligence in Motorcycle Accidents
Comparative negligence in
motorcycle accidents refers to the legal principle that assigns a percentage of fault to each party involved, impacting the compensation awarded in personal injury cases based on the degree of negligence.
When a motorcycle accident occurs, determining
fault is crucial in legal proceedings. In cases of comparative negligence, each party’s responsibility for the incident is examined. This assessment considers factors such as speed, adherence to traffic laws, and overall caution while on the road. Courts may use a
percentage scale to allocate fault, which directly influences the final
compensation amounts awarded to the injured parties.
Illinois is an at-fault state for motorcycle accident claims. Any time someone else causes an accident, and you have injuries, you may receive financial compensation. Illinois operates under a “
comparative negligence” standard, which dictates how much responsibility each party to an accident shares. Under Illinois law, an injured party may recover damages only if he/she is less than 50% at fault for the injury or damages.
Types of Injuries in Motorcycle Accidents
Motorcycle accident injuries can result in various types of injuries, including
head and brain injuries,
spinal cord injuries,
road rash, and
broken bones, often leading to severe physical and emotional trauma for the victims.
These injuries can have lasting consequences, affecting the quality of life and overall well-being of those involved in the accidents. Head and brain injuries, for instance, can result in cognitive impairments, memory issues, and even permanent disabilities. Similarly, spinal cord injuries may lead to paralysis or loss of mobility, significantly impacting daily activities.
Medical treatments for such injuries often involve surgeries, physical therapy, and specialized care to help patients regain function and manage pain. Rehabilitation processes play a crucial role in aiding recovery and improving the chances of long-term functionality.
Head and Brain Injuries
Head and traumatic brain injuries are among the most severe consequences of motorcycle accidents, often requiring extensive medical treatment, rehabilitation, and long-term care.
These types of injuries can have a profound impact on an individual’s quality of life, affecting their cognitive abilities, motor functions, and emotional well-being. The financial burdens associated with the medical bills and ongoing care can be overwhelming, leading to stress and anxiety for both the injured person and their family. Seeking legal representation is crucial in these situations to ensure that the victim receives proper compensation for their pain, suffering, and financial losses. Skilled attorneys can navigate the complexities of insurance claims and fight for justice on behalf of the injured party.
Spinal Cord Injuries
Spinal cord injuries in motorcycle accidents can lead to partial or complete paralysis, drastically impacting the victim’s quality of life and necessitating extensive medical interventions and adaptive support systems.
Such injuries not only pose physical limitations but also bring forth psychological challenges, as individuals grapple with the drastic life changes. Daily tasks that were once simple may become arduous, and the independence they once took for granted is now a struggle to maintain.
Rehabilitation plays a vital role in the recovery process, but the road to improvement is often long and arduous.
Road Rash
Road rash, a common injury in motorcycle accidents, refers to the abrasions and skin lacerations sustained when a rider slides on the road surface during a collision, requiring immediate medical attention and wound care.
These injuries can vary in severity, with minor cases involving superficial scrapes that may only require cleaning and dressing, while more severe road rash can lead to deep skin wounds that may need stitches or skin grafts to heal properly. Along with the physical trauma, road rash injuries can also lead to nerve damage and infections if not treated promptly.
Medical treatments for road rash typically involve cleaning the wound thoroughly to prevent infection, applying topical antibiotics, and dressing the area to promote healing. Severe cases may also require pain management and physical therapy to aid in the recovery process.
Recovering from road rash can be a lengthy and painful process, with healing times ranging from a few weeks to several months depending on the severity of the injury. During this time, it’s important for the injured individual to follow their healthcare provider’s instructions carefully to avoid complications.
To reduce the risk of road rash in motorcycle accidents, riders should always wear appropriate protective gear, including helmets, jackets, gloves, and sturdy footwear. Avoiding high-risk behaviors such as speeding, reckless driving, and riding under the influence of drugs or alcohol can also help prevent accidents that lead to road rash injuries. Regular maintenance and checks on the motorcycle can also help ensure that it is in good working condition, reducing the chances of accidents occurring due to mechanical failures.
Broken Bones
Broken bones are common injuries in motorcycle accidents, with fractures ranging from minor to severe that may require surgical intervention, casting, and extensive rehabilitation for full recovery.
Fractures in motorcycle accidents can vary significantly, including simple, closed fractures to complex open fractures that penetrate the skin. Some common types of fractures seen in these accidents are
comminuted fractures, where the bone shatters into multiple pieces, and
compound fractures, which break the skin’s surface. These injuries often necessitate immediate medical attention and complex treatment plans.
Frequently Asked Questions
How Can a Chicago Motorcycle Accident Attorney Help Me?
As a motorcycle accident victim, there are specific things you need to do to make sure you get fair payment for your damages. Our injury attorneys go above and beyond to get results, so leave the legal aspects to us and focus on getting better after your accident. Your well-being is the most important thing. Below is a list of how we help you after a motorcycle crash:
- We conduct a thorough investigation into the cause of the accident and where the legal fault lies
- We have experience in motorcycle accident law; explanation of the law in terms that you can understand
- Determination of the total amount of compensation you deserve
- We provide referrals to medical professionals who can document the severity of your injuries and help you get necessary medical care
- Locate and contact witnesses and discover what they saw
- Talk to police and obtain certified copies of the crash report
- Gather medical bills and medical records and study them
- We speak with your treating physicians, and retain experts if needed
- Investigate insurance coverage and deal with the insurance companies
- Negotiate with insurance adjusters, and deal with hospital liens
- We act fast. As soon as possible we begin the legal process, including drafting the summons and complaint
- Preparation of legal motions; responses from the other side
- Speaking on your behalf in court so you can focus on recovery
- Attendance at mediation; conducting settlement negotiations (if needed)
- Finalization of judgment; collection of your payment on your behalf
- Explaining each step to you in the process and working with you to build your case
We want you to be confident in what we do for you, so we make sure to keep you informed and involved throughout the entire legal process. Working with a motorcycle accident law firm like ours ensures you receive comprehensive legal support, making the case smoother and providing reassurance every step of the way..
If I Wasn’t Wearing A Helmet, Can I Still Win A Motorcycle Accident Lawsuit In Illinois?
Motorcycle helmet laws vary state by state.
Illinois does not have a mandatory helmet law for motorcyclists, however it is always a good idea to wear head protection for yourself and your passengers.
Illinois law does require eye protection (such as glasses, or goggles, while riding, unless the motorcycle is equipped with a windshield. If you weren’t wearing a helmet, you could still win a motorcycle accident lawsuit in Illinois, but the amount you receive may be reduced because you didn’t wear a helmet. Regardless, the most important factor will be comparative negligence, in order to determine if an injured party was less than 50% at fault.
What should I do if I am involved in a motorcycle accident in Chicago?
If you are involved in a motorcycle accident in Chicago, the first thing you should do is seek medical attention for any injuries. Then, it is important to gather evidence such as photos, witness statements, and police reports. Lastly, contact Chicago motorcycle accident attorneys to help you navigate the legal process and handle motorcycle accident claims to protect your rights.
What types of injuries can result from a motorcycle accident in Chicago?
Motorcycle accidents can result in a wide range of injuries, from minor bruises and cuts to more severe injuries such as broken bones, head trauma, and spinal cord injuries. These injuries can have long-term consequences and require extensive medical treatment, making it crucial to seek legal help from a Chicago Motorcycle Accident Lawyer to ensure you receive fair compensation.
What damages can I recover in a motorcycle accident case in Chicago?
In a motorcycle accident case in Chicago, you may be able to recover both economic and non-economic damages. Economic damages include medical expenses, lost wages, property damage, reduced earning capability, physical therapy and rehabilitation, and other related losses. Non-economic damages are things like pain and suffering, permanent disability, chronic pain, disfigurement and scarring, loss of consortium, mental distress, and decreased quality of life. At Skiba Injury Law, our Chicago Motorcycle Accident Lawyers can assess the specifics of your case and help you pursue the maximum compensation you are entitled to.
Illinois Motorcycle Resources
There are more than 315,000 licensed motorcycles on Illinois roads, and because of their unique size and characteristics, they are especially vulnerable in a vehicle crash. Below are important rules, regulations and tips for reducing motorcycle accidents:
- Motorcycles require special licenses. Motorists are required to have a Class L license to operate any motor-driven cycle with less than 150cc displacement. A Class M license is required if the motor driven two-wheeled vehicle is more than 150cc.
- In Illinois, motorcycle drivers and passengers are not required to wear a helmet, but both are required to wear eye protection, unless there is a windshield on the cycle
- Motorcycle riders must obey traffic laws, signs, and signals the same way as other drivers.
- Motorcycles may not share a lane with another motorcycle or other type of vehicle
- Motorcycles may not pass between two other vehicles going in the same direction unless there is an unobstructed traffic lane open, making is safe to pass
- Motorcyclists are prohibited from passing on the right unless there is unobstructed pavement at least 8 fee wide to the right of the vehicle being passed.
- Riding a motorcycle on one wheel is considered reckless driving or aggravated operation of a motorcycle
- Illinois law requires headlights to be on when operating on streets and highways.
- Motorcycles must have at least one headlight must be large enough to be seen from a distance of 500 feet
- A motorcycle horn must be heard for 200 feet
- Motorcycles must have brakes on both wheels
- Motorcycle must have at least one red stoplight, actuated by the brake, and visible for 500 feet
- At least one red taillight, visible for 500 feet.
- Motorcycles must have a rear reflector
- All motorcycles must have working front and back brakes
- Each cycle must have a rearview mirror with a view of at least 200 feet
- Motorcycles must be equipped with side-view mirrors on both sides of the bike
- Drivers cannot ride with passengers unless the motorcycle seat is designed to carry two people.
You Deserve Justice After Your Motorcycle Wreck
When you need the best motorcycle accident lawyers for your case, our experienced attorneys are ready to help. Skiba Injury Law has helped thousands of victims, and our skilled Chicago legal team, with a proven track record of success, understands and respects motorcyclists; we know what it takes to win your case so you get the justice you deserve.
Motorcycle accident victims possess the same rights to financial compensation as any other
car accident victim. Your status as a motorcyclist does not diminish these rights. Do not allow the insurance company to convince you otherwise. All victims, especially motorcycle accident victims who often face severe injuries and significant financial impact, deserve fair compensation. Our experts are prepared to advocate on your behalf to secure the financial relief you require.
