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DEALING WITH MOTORCYCLE ACCIDENTS

Every year, there are roughly 90,000 motorcycle accidents in the USA that result in either serious injuries or death. Based on the number of registered motorcycle riders, this means that 1% of all motorcycle riders will be involved in an accident every year. Those who are lucky enough to survive these accidents may go through major life changes, preventing them from providing for themselves or their families.

MEYERS & FLOWERS: EXPERTS IN MOTORCYCLE ACCIDENT LITIGATION

Thankfully, the law mandates that negligent drivers and their insurers provide fair compensation to innocent victims they injure. Meyers & Flowers boasts a team of highly accomplished attorneys across Illinois. Our litigation team blends extensive experience in complex automobile cases with cutting-edge technology, ensuring optimal outcomes for every client with the help of a motorcycle accident attorney in Chicago.

Common Causes of Motorcycle Accidents

Motorcycle accidents can happen in an instant, often caused by factors outside the rider’s control. Understanding these common causes can help you identify potential liability and strengthen your claim:

  • Distracted Driving: Drivers who text, make calls, or engage in other distractions are less likely to notice motorcyclists, increasing the risk of collisions.
  • Failure to Yield: Many accidents occur when drivers fail to yield the right-of-way to motorcyclists at intersections or during lane merges.
  • Speeding: Excessive speed reduces reaction time and increases the severity of accidents.
  • Impaired Driving: Drivers under the influence of alcohol or drugs have impaired judgment and slower reflexes, endangering everyone on the road.
  • Unsafe Lane Changes: Drivers who fail to check blind spots or signal properly can collide with motorcyclists.
  • Road Hazards: Potholes, debris, uneven pavement, or poor weather conditions can be especially dangerous for motorcycles, causing them to lose control.
  • Vehicle Defects: Defective motorcycle components, such as brakes or tires, can cause accidents without warning.

Types of Motorcycle Accident Injuries

Motorcycle accidents often result in severe injuries due to the limited protection riders have compared to drivers in enclosed vehicles. Common injuries include the following:

  • Traumatic brain injuries (TBI), even with helmet use
  • Spinal cord injuries result in paralysis or other long-term disabilities
  • Broken bones and fractures are common in the arms, legs, ribs, and pelvis due to the force of impact
  • Skin abrasions or “road rash” caused by sliding on asphalt can lead to painful infections and permanent scarring
  • Damage to internal organs, such as the liver, spleen, or lungs, may require emergency surgery
  • Severe limb injuries may necessitate surgical amputation, drastically altering a victim's life
  • Psychological effects, such as PTSD or anxiety, often accompany the physical injuries

What’s the Process for Filing a Motorcycle Accident Claim in Chicago?

  • Seek Medical Attention: Your health and safety come first. Document all injuries and treatments.
  • Report the Accident: File a police report immediately, as it will serve as vital evidence.
  • Gather Evidence: Collect photos of the accident scene, damage to your motorcycle, and any visible injuries. Obtain witness contact information if possible.
  • Contact an Attorney: Contact an experienced Chicago motorcycle accident lawyer at Meyers & Flowers to guide you through the process.
  • File an Insurance Claim: Your attorney will help you submit claims to your and the negligent driver’s insurance companies.
  • Investigation and Negotiation: Your lawyer will investigate the accident, review insurance policies, and negotiate with insurers for a fair settlement.
  • Litigation, if Necessary: If a fair settlement cannot be reached, your attorney will file a lawsuit and represent you in court.
A person getting their arm wrapped

When Are Motorcycle Accident Fatalities Considered Wrongful Death?

When a motorcycle accident results in a fatality, the victim's family may have grounds to file a wrongful death claim if the death was caused by negligence or misconduct. Typical scenarios include the following:

  • Driver Negligence: A fatality caused by a distracted, speeding or impaired driver may qualify as wrongful death.
  • Defective Vehicle Parts: If a faulty component, such as brakes or tires, contributed to the accident, the manufacturer may be held liable.
  • Roadway Hazards: Fatal accidents caused by poorly maintained roads or inadequate signage could result in liability for a government entity.
  • Reckless Driving: Drivers engaging in road rage or other reckless behavior can be held accountable for fatalities.

A wrongful death claim allows surviving family members to seek compensation for funeral expenses, lost income, emotional suffering, and loss of companionship. At Meyers & Flowers, we provide compassionate legal support to help families navigate these complex cases and pursue justice for their loved ones.

THE PURPOSE OF MOTORCYCLE ACCIDENT ATTORNEYS

Motorcycle accident litigation can unexpectedly become intricate, making it challenging for victims to receive fair compensation without the assistance of experienced and reputable Chicago motorcycle accident attorneys. Uninsured victims may face difficulties dealing with insurance companies representing negligent drivers, which is where the expertise of experienced motorcycle accident trial lawyers becomes crucial. 

Some of the reasons that people hire motorcycle accident attorneys include:

FAIR COMPENSATION FOR MOTORCYCLE ACCIDENT VICTIMS

Chicago motorcycle accident victims have the right to seek compensation for various damages, including medical bills, lost wages, pain and suffering, disability, emotional distress, and loss of normal life. To ensure insurance companies pay fair compensation, the expertise of experienced motorcycle accident lawyers is essential, as they possess the necessary skills and knowledge to advocate for their clients effectively.

LIABILITY DISPUTES

Negligent drivers frequently misrepresent the truth to their insurance companies regarding accident details. Insurance providers for these drivers often try to shift blame onto the victim to avoid compensating them. Skilled motorcycle accident lawyers can counter these tactics by engaging accident reconstruction specialists who use advanced technology to establish the negligent driver's responsibility, absolving the innocent victim. To ensure proper representation, you'll need one of the top motorcycle accident lawyers Chicago can provide for your case.

ISSUES RELATED TO INSURANCE

The most critical and intricate matter in car accidents resulting in death or severe injury is determining the applicable insurance coverage. Understanding the insurance coverage for any accident can be highly complex. At Meyers & Flowers, our seasoned Chicago motorcycle and auto accident lawyers possess the expertise and proficiency to assist you in obtaining fair compensation from all relevant insurance policies. These may involve general liability, umbrella, uninsured, and underinsured motorist policies.

DEFECTIVE VEHICLES

Whenever a motorcyclist is killed or seriously injured in an accident, it is often caused by a defective motorcycle part. This may include:

  • Defective tires
  • Sticking gas pedals causing unintended acceleration
  • Braking system failures
  • Fuel system defects
  • Handlebar issues
  • Headlight malfunctions

Patients who sustain serious injuries in a collision due to an automobile defect can rely on our skilled lawyers. The team at Meyers & Flowers will ensure that the manufacturer of the faulty device is held responsible and that fair compensation is secured for all your injuries and losses.

SPECIAL CIRCUMSTANCES

Certain circumstances can impact a driver's liability in car accidents. For instance, government employees involved in crashes may have certain protections from litigation. Similarly, if the negligent driver lacked permission to use the car during the incident, insurance responsibility becomes complicated. Our team of Chicago motorcycle accident lawyers can assist you in assessing these special circumstances relevant to your case and provide clarity on the applicable issues.

Factors That Could Influence Your Motorcycle Accident Claim

The following factors can impact the outcome and value of your motorcycle accident claim:

Severity of Injuries

Your injuries' extent and long-term impact play a significant role in determining compensation.

Fault Determination

Illinois follows a modified comparative negligence rule, meaning your compensation may be reduced if you are found partially at fault.

Insurance Coverage

The at-fault driver’s insurance policy limits and your own uninsured/underinsured motorist coverage can affect recovery.

Medical Records

Complete and accurate medical documentation of your injuries is essential for proving damages.

Loss of Income

Evidence of lost wages or diminished earning capacity can influence the settlement amount.

Witness Testimonies and Evidence

Reliable witness statements, accident reports, and expert analysis strengthen your case.

Legal Representation

The skill and experience of your attorney are critical to navigating legal challenges and maximizing your claim.

OUR MOTORCYCLE ACCIDENT ATTORNEYS ARE DEDICATED TO HELPING YOU

In accordance with the law, negligent drivers and their insurance companies are obligated to provide fair compensation to innocent victims for their injuries and losses. At Meyers & Flowers, each car accident lawyer in Chicago offers honest, aggressive, and compassionate assistance to all clients affected by car crashes. Contact our office today to speak with one of our car accident attorneys. The initial consultation is free, and you only pay attorney's fees if we successfully win your case.

crashed dirtbike

Motorcycle Accident FAQ 

What should I do immediately after a motorcycle accident?

Ensure your safety and seek medical attention if necessary. Report the accident to the police, gather information, and document the scene and injuries.

When should I contact an attorney after a motorcycle accident?

It's advisable to contact an attorney as soon as possible, ideally within the first few days after the accident to ensure evidence is preserved and your rights are protected.

What damages can I seek in a motorcycle accident case?

You can seek compensation for medical expenses, property damage, pain and suffering, lost wages, and in some cases, punitive damages for particularly reckless behavior.

How is fault determined in a motorcycle accident case?

Fault is determined based on evidence such as witness statements, accident reports, photos, and expert analysis. Comparative negligence laws in your state may affect the outcome.

What if I wasn't wearing a helmet at the time of the accident?

Depending on your state's laws, not wearing a helmet may impact your ability to recover damages. An attorney can help you understand how this might affect your case.

Should I talk to the insurance company without an attorney?

It's generally not recommended. Insurance companies may use your statements against you. Consult with an attorney before speaking with insurers.

How long do I have to file a lawsuit after a motorcycle accident?

The statute of limitations varies by state but typically ranges from one to three years. Contact an attorney promptly to ensure you meet the deadline.

What if the at-fault driver doesn't have insurance?

You may still have options, such as pursuing an uninsured motorist claim through your own insurance policy or seeking compensation from other responsible parties.

What if a defective motorcycle part contributed to the accident?

You may have a product liability claim against the manufacturer or distributor of the faulty part, in addition to a personal injury claim against the at-fault party.

Can I still pursue a case if I was partially at fault for the accident?

Yes, you can still pursue a case in many instances. Depending on your state's laws, your compensation may be reduced based on your percentage of fault.

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