CHICAGO Motorcycle Accident ATTORNEYS

There are over 300,000 licensed motorcycles on the roads in Illinois, according to the Motorcycle Operator Manual published by the Illinois Secretary of State. That number is also increasing every year. With so many motorcyclists on the road, accidents are bound to happen. Drivers do not watch for motorcyclists as closely as they do for other vehicles. Motorcyclists also do not have the same forms of protection as other motorists and so, the resulting injuries are much more severe.  

If you or someone you love has been hurt on their bike, you may be able to file a claim for compensation. Our Chicago motorcycle accident attorneys can help you do it. 

Types of Motorcycle Accidents 

Sadly, there are many different types of motorcycle accidents. The most common of these are as follows: 

• Left turn accidents: These accidents occur when a driver of a passenger vehicle is turning left and fails to see an oncoming motorcyclist.  
• Lane splitting: Lane splitting occurs when a motorcyclist travels in between two rows of slow-moving traffic. Drivers of other types of vehicles may fail to check their mirrors and blind spots when making lane changes, resulting in a crash. 
• Dooring accidents: A dooring crash occurs when a motorist parks their car and opens the door in the path of a motorcyclist. 
• Head-on collisions: When the front of one vehicle crashes into the front of a motorcycle, it is usually fatal for the biker. 
• Rear-end collisions: Like head-on collisions, when a vehicle hits the back of a motorcycle, it is typically fatal for the biker. 
• Lane change accidents: Drivers of passenger vehicles will usually check their blind spots to make sure there are no other cars in the way before they change lanes. Motorcycles are much smaller, though, and drivers do not always see them until it is too late. 

Injuries Sustained in Motorcycle Accidents 

Motorcyclists have very little protection when they are on a bike. Even those who choose to wear a motorcycle helmet lack the protection of an airbag, a steel frame, and seat belts. As such, bikers suffer some of the most severe injuries when they are involved in a crash. The most common of these include: 

• Broken bones 
• Abdominal injuries 

• Muscle damage 
• Neck injuries 
• Burns 
• Internal bleeding 
• Leg injuries 
• Internal injuries 
• Chest injuries 
• Amputation 
• Facial injuries 
• Whiplash 
• Eye injuries 
• Road rash 

Common Causes of Motorcycle Accidents 

Any negligent action can cause a motorcycle accident. The most common of these are as follows: 

• Reckless driving: Impaired driving, speeding, and unsafe lane changes are just a few examples of reckless driving that cause motorcycle accidents. 
• Sudden stops: Just as a vehicle stopping suddenly can cause a rear-end collision between two passenger cars, they can also cause a motorcycle accident. However, these accidents are going to be much more severe for bikers. 
• Dangerous weather conditions: Chicago sees a fair amount of snow, rain, hail, and sleet every year. These are all very dangerous weather conditions that can cause a motorcycle accident. 
• Speeding: For motorists of passenger vehicles, it is already more difficult to see motorcyclists than other drivers. When a driver is speeding, though, they will not have time to stop before crashing into a motorcyclist. 
• Mechanical issues: When a motorcycle, or part of a motorcycle, is defective it can easily cause a crash. 

• Distracted drivers: Just like speeding, a driver who is distracted may not see a motorcyclist on the road until it is too late. 

How to Recover Compensation After a Motorcycle Accident 

Like drivers of passenger vehicles, motorcyclists can file a claim against any negligent driver who caused their crash resulting in injuries. The majority of motorcycle claims settle outside of the courtroom. However, when insurers refuse to offer a fair settlement, it is often necessary to file a lawsuit and go to court to receive just compensation. 

How Motorcycle Accidents Differ from Car Accidents 

Due to the fact that both happen on the roadway, it is easy to assume that motorcycle accidents are very similar to car accidents. Unfortunately, this is not the case. 

The first way in which motorcycle accidents are different from other crashes is that they have a much higher chance of being fatal. Even an accident that would be considered minor for a passenger vehicle, such as a rear-end collision, can be deadly for a motorcyclist. Even when a motorcyclist survives a crash, the injuries they sustain are much more severe. 

Another way in which motorcycle accidents differ from car accidents is that insurance companies and juries often have unfair biases about motorcyclists. They often view bikers as reckless and dangerous people, although this is not true. Motorcyclists know the dangers they face while on the road and so, they are usually very careful. It is important to work with an attorney who understands these biases and can overcome them to get favorable results. 

Lane Splitting Laws in Chicago 

Lane splitting occurs when a biker rides their motorcycle in between two lanes of stopped or slow-moving traffic. In Illinois, as in most other states, lane splitting is illegal. If a motorcyclist is lane splitting at the time of a crash, it can hurt their case and result in them receiving fewer damages. 

Helmet Laws in Chicago 

Unlike many other states, Illinois does not have any helmet laws. Even in states that do not require adults to wear a helmet, minors must still usually wear them. This is not the case in Illinois. No one is required to wear motorcycle helmets in Illinois. As a result, even when a biker is injured while not wearing a helmet, this cannot be used against them in their case because it is not against the law. 

Our Motorcycle Accident Attorneys in Chicago Will Protect Your Rights 

You have many rights after a motorcycle accident. At Kennedy Watkins, our Chicago motorcycle accident attorneys can inform you of what those are and make sure they are protected. We are available 24 hours a day, 7 days a week, and will travel to meet with you, regardless of where you are in Illinois. Call us now at (312) 448-8181 or contact us online to schedule a free consultation and to learn more about how we can help. 

FAQ

About Motorcycle Accidents in Illinois

What Should I Do After a Motorcycle Accident?

The steps you take after a motorcycle accident can greatly impact your claim. First and foremost, you should seek medical attention. Even if you do not think you were hurt, you should still see a doctor who can examine you and look for injuries. Seeking medical attention will not only protect your safety and well-being, but it will also document your injuries, making them easier to prove to the insurance company. 

You should also collect as much evidence while still at the scene of the crash. This includes pictures of your injuries, the vehicles involved, and the overall scene. Locate witnesses and ask them for their names and contact information. After you leave the scene, keep all invoices, receipts, records of lost wages, and any other documentation regarding the crash. 

Do Motorcycle Passengers Have Rights in a Crash?

Yes. If you have been hurt as a passenger on a motorcycle, you have all the same rights as bikers when filing a claim. You can even file a claim if the negligent motorcyclist was the one you were sharing a bike with at the time. 

How Long Do I Have to File a Claim After a Motorcycle Accident?

Every state has a statute of limitations, or time limit, on motorcycle claims and Illinois is no different. In Illinois, you generally have only two years from the date of the crash to file a claim for compensation. If you do not file your claim within this time, you will likely lose your right to claim any compensation at all. While two years may sound like a long time, it is not. Before filing your claim, an investigation must be conducted, and evidence must be collected. All of this takes time and so, it is critical that you speak to a lawyer right away. 

What Damages are Available in Motorcycle Claims?

Through a motorcycle accident claim, you can recover compensation for any loss you suffered as a result of your crash. The most common damages awarded in motorcycle accident claims include: 

• Medical bills, including hospitalizations, surgeries, medications, physical therapy, and more 
• Lost wages, bonuses, and employment benefits 
• Pain and suffering 
• Property damage 

An attorney can review the facts of your case and accurately value your claim so you obtain the full settlement you deserve. 

Do I Have to Speak to an Insurance Adjuster After an Accident?

No. You do not have any legal obligation to speak to an insurance adjuster after an accident. The only person you must speak to after a crash is law enforcement when they visit the scene. However, you should speak to a lawyer soon after any accident. Not only will a lawyer know how to get you the compensation you justly deserve, but they will also speak to the insurance company on your behalf.