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Our approach is thorough and empathetic. We strive to fully understand your situation and all potential damages.
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In 2022 alone, the motorcycle industry generated over $5.51 billion in revenue. On-road motorcycles made up an overwhelming 86% of those sales that year, proving that most bike riders prefer to travel on the nation’s roadways rather than off-road.
All motorists have a legal duty to share the road with motorcyclists. A failure to yield to a biker when they have the right of way amounts to legal negligence, which also amounts to financial responsibility for a crash.
When you’ve been hurt in a crash, your best bet is to speak with a motorcycle accident lawyer in Chicago about what happened. The right attorney will listen to the details of your accident and help you determine if someone else might be responsible.
Here at Kermani LLP, our team has years of experience working with injured bikers in search of financial recourse. We can help you get justice.
Common Causes of Motorcycle Accidents in Chicago
The first step in litigating your motorcycle vehicle accident is determining what caused it. All accidents are caused by something, and investigating what that was is a crucial step in the process of determining how to move forward.
Almost all motorcycle accidents are caused by one party’s recklessness or carelessness. Here are a few of the most common causes of motorcycle accidents in Chicago:
- Failure to yield;
- Speeding;
- Left turning vehicles;
- Inattentional blindness;
- Inexperience;
- Reckless driving maneuvers (like lane splitting);
- Open vehicle doors;
- Intoxicated driving.
How will you know what caused your crash? You may need to evaluate the evidence discovered in the aftermath of the accident to determine fault. Many cases are straightforward or have apparent causes, but other claims might require the help of accident investigators.
What to Do Immediately After a Motorcycle Accident
Were you just involved in a motorcycle accident today in Chicago? If you do get involved in an accident, then it’s important to know what to do after your crash. While the law is on your side if someone else was at fault, you won’t automatically be entitled to receive compensation for your losses. It’s up to you to take the necessary steps to not only protect and preserve your rights but also to prove your losses. Since most people aren’t aware of what steps they need to take, they often miss out on compensation that they could’ve received with the right moves.
Below, we’ll go over what to do after your motorcycle accident to protect both your physical health and your legal rights.
Emergency Steps Post-Accident
Immediately following your accident, it might be necessary to call emergency services. 911 is the right option if anything appears to be an emergency, like if someone is severely hurt or vehicles and others are at risk of getting struck again by traffic.
Once the police arrive, it’s important for anyone who is injured to get the medical care they need. If you don’t think your medical needs are an emergency, then it’s still a good idea to visit a hospital after you wrap up the aftermath of the crash. You could put a future claim at risk if you wait too long to get medical care.
The authorities will also document what happened in an official police report. This report should include details about who was involved, the results of any initial investigation, and any evidence secured at the scene. All of this will be considered valuable evidence if you file a claim later.
How to Document Your Accident
Unfortunately, when a motorcycle crash happens, the impacts can be devastating since bike riders have very little protection against faster, bigger vehicles. That said, your next steps should be documenting the accident and your losses as much as possible. At the scene, consider taking accident scene photos, asking witnesses for statements, and looking around for any nearby cameras that could’ve captured the crash on film. If any physical evidence might add to the accident investigation, then be sure to record those details or preserve the evidence. When you go to the hospital, save a copy of your diagnosis and any bills you receive.
Hiring a Legal Advocate
Are your losses starting to add up? If so, then your next step should be to secure legal representation. The right motorcycle accident attorney in Chicago will help you determine if negligence was a factor in your crash. If so, then they’ll help you value your losses and consider whether filing a claim is worth your effort.
The right lawyer won’t encourage you to pursue a claim unless they’re confident you can win. Once you get started on the process, your lawyer will guide you through filing the right paperwork, insurance negotiations, and your trial if your case winds up in court.
Types of Compensation Available for Motorcycle Accident Victims in Illinois
Before you accept any settlement offers or even consider offered insurance settlements, you need to know the value of your claim. If you’re not sure, then it’s important to talk to an attorney. If you go into the situation blind, then you’re likely to accept a sum that doesn’t fully cover the extent of your losses or doesn’t take into account your future losses. Your settlement award should fully cover your losses and restore you to the financial position you were in before.
Economic Damages
The first type of compensation you can receive is economic damages. These losses are the actual, financial losses you sustain. Economic damages include things like lost wages compensation and medical bills compensation. It can also include expenses that come in the form of property damage or disability payments.
To prove these losses, you need to preserve evidence of your losses. For instance, if you file for compensation for your medical costs, then you need to include medical treatment documentation that shows the extent of your losses and treatment.
Non-Economic Damages
Non-economic damages are losses you suffer that are harder to put an economic value on. Pain and suffering compensation is the most common type of non-economic damages awarded in personal injury lawsuits. Other forms of non-economic damages could include things like a loss of quality of life, permanent disfigurement, or a loss of companionship.
Understanding the Legal Process in Motorcycle Accident Claims
After a motorcycle accident in Chicago that leads to injuries, the legal process involves a few basic steps:
- Building up a strong case and collecting evidence.
- Presenting Your claim to the other party.
- Negotiating with the other party.
- Agreeing on a settlement or taking your case to court.
- Accepting a settlement award.
Critical Motorcycle Accident Laws in Illinois
In Illinois, all motorcycle riders are required to obtain a specific motorcycle license before taking their bike out on the road. Motorcycle riders must also comply with all the state’s safety laws, including having a specific license plate on their bike and the right equipment. Bikers need to obey all the traffic rules and regulations. Lane splitting, or passing between two moving vehicles, is illegal. Motorcyclists are not permitted to pass on the right side of a right-hand lane unless there is pavement at least eight feet wide on the side of the vehicle they’re passing.
If you believe someone else caused your accident, then it’s a good idea to get in touch with a Chicago motorcycle accident today about your options.
Why Choose Kermani LLP for Your Motorcycle Accident Case?
Our Illinois motorcycle accident lawyers have the skills, qualifications, expertise, knowledge, and experience necessary to help you successfully resolve your motorcycle claim and get justice.
Here at Kermani LLP, our lawyers only get paid when you do. We won’t accept payment until you’ve also received your settlement check.
Client Success Stories and Case Results
One important way to see if an Illinois motorcycle accident lawyer is a good fit to handle your case is to check out their past case results and former client reviews. A few of Kermani LLP’s recent wins include:
- A $2.35 million settlement for a freeway fatality caused by a motorist with insufficient insurance coverage;
- A $600,000 settlement from a bar owner after a customer was stabbed;
- A $51.3 million settlement to a construction worker who was electrocuted due to safety procedure failure by his employer.
Here at Kermani LLP, we make every effort to win for our clients and deliver the results they expect.
Schedule a Free Consultation with a Chicago Motorcycle Accident Lawyer
Our approach to motorcycle accidents as well as our proven past case results both demonstrate why we’re qualified to handle your motorcycle accident. What really sets us apart from other law firms in the area, though, is our dedication to our clients. We truly care about how your accident has impacted your life. We sincerely want justice in all situations, and we want to make your situation right.
After learning more about our team of experienced and qualified Chicago motorcycle accident lawyers, are you ready to take the next steps? Schedule a meeting with our team now to discuss the details of your accident in more detail with our best attorneys. Together, we’ll help you make an informed decision on how to handle your crash and losses.
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Frequently Asked Questions
How do I negotiate with insurance companies after a motorcycle accident in Illinois?
Negotiating with your insurance company will be a challenge, so it’s often best to consider letting your attorney handle this process. If you’d prefer to go at it on your own, then there are a few things you need to remember. First, always keep in mind that the insurance adjuster works for the insurance company, so they have a reason to reduce your payout as much as possible. Next, remember that everything you say to an agent is likely being recorded. It could also be used as evidence against you. If possible, limit the statements you make about fault and your injury. That way, none of those statements can come back to haunt you later.
Another great tip is to make sure you have proof, documentation, and a solid idea of how much your claim is worth before beginning to negotiate. Otherwise, you could fall victim to accepting a settlement that’s far less than what you deserve.
Always remember your legal right to fair compensation. If your insurance provider is refusing to work in good faith or offer you a reasonable settlement, then you can take further legal action. Consult with an attorney if you’re struggling to reach a deal after your recent motorcycle accident.
What are local motorcycle helmet laws?
In Illinois, there are no local motorcycle helmet laws that require recreational riders to wear safety gear. Of course, it’s always recommended that motorcyclists wear a safety helmet to protect themselves, but it isn’t a mandatory legal obligation. That said, if a crash does happen, you weren’t wearing a helmet, and you later pursue a claim, the other party cannot use your lack of a helmet as proof that you are partially to blame for the severity of your injuries.
Can I claim if road conditions caused my motorcycle accident in Chicago?
It depends on your insurance coverage and the other circumstances surrounding the crash. If weather was only partially to blame and another party’s negligence also contributed, you might still be able to file a claim against the other negligent party. It might also be possible to seek a claim with your provider depending on the level of coverage you purchased with your policy. Sometimes, comprehensive coverage covers natural disasters and weather events.
What evidence is needed to prove fault in a motorcycle accident in Chicago?
To prove fault in a motorcycle accident, you’ll need to produce evidence that shows how the other party caused the crash. This evidence could come in the form of witness statements, video footage, or photographs of the crash scene. It might include investigative reports or conclusions made by the authorities who came out to the scene of the crash. Depending on the facts of your case, you might also have physical evidence that proves fault. For instance, phone records could prove the other party was texting, or an analysis of a motorcycle part could reveal imperfections that led to the crash.
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