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Jonathan Rosenfeld

March 2, 2023

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A motorcycle accident is often a life-changing event for the motorcyclist affected, with a host of consequences ranging from injury and medical bills to disability with long-term loss of income or earning capacity.

As attorneys serving bikers across Illinois, we appreciate the emotional and financial impact a serious accident can have on you and your family. We also understand that each case is different in terms of the injuries sustained, fault and liability, and the insurance carriers involved.

Below you will find answers to some frequently asked questions (Illinois Motorcycle Accident FAQ) about your legal rights in the aftermath of a motorcycle accident under the applicable law.

If you have additional questions or need more information on how the law applies to your particular situation, we invite you to contact the motorcycle accident attorneys at Rosenfeld Injury Lawyers LLC for a free case review.

Illinois Motorcycle Accident FAQs

What is the Main Reason for Motorcycle Accidents?

Motorcycle riders and accident victims get into motorcycle accidents like any incident (i.e. car accident), because they are intoxicated, distracted, reckless, or sleepy. Experienced motorcycle riders know that wearing a helmet can reduce personal trauma as well as pain and suffering. Failure to wear or take other safety precautions may mean property damage like damage to your motorcycle, injuries, lost wages, and medical treatment.

All motorcyclists and each driver have a duty to wear a helmet and ride safely to lower the risk of crashes and traffic vehicle victims.

If you are injured through no fault of your own, the attorneys and lawyers of our law firm can talk to you as soon as possible in a free consultation about the law involving motorcycle accidents, insurance companies, wearing a helmet, how to investigate your accident, how to take photos after an accident, the police, traffic laws, motorcycle accident evidence, and other legal advice if you leave your contact information on our website or call us.

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What Is The Most Common Motorcycle Accident?

According to a review of insurance company claims and other reviews from the lawyers at our law firm, the most common kind of experienced motorcycle accident types are lane changes, speeding, fast stops, and lane splitting.

If you suffer injuries in a motorcycle accident and want to bring a claim with an attorney from an experienced legal team to recover compensation, then take photos of the crash scene evidence, call the police, find out who is involved and responsible or at fault, get their driver and vehicle information, see a doctor, and contact us for a consultation as soon as possible.

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What Percent of Riders Get into Accidents?

Only about ten in one hundred thousand motorcyclists get into a motorcycle accident that results in accident victims and injuries with another vehicle or something else.

Of that number, about eighty percent of riders were injured from the traffic incident right away or got an injury later. Also, about five percent of these resulted in deaths.

The law protects riders in motorcycle accidents even if they did not wear a helmet. Talk to a motorcycle accident lawyer from our law firm about getting compensation as soon as possible for your medical expenses, personal injury, and property damage. We can discuss the laws about settlement in an attorney review today.

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What are the Odds of Getting into a Motorcycle Accident?

Evidence suggests that you have a very small chance of getting into a motorcycle-about one in ten thousand [1]. If a car driver does hit you at the scene while you are not wearing a helmet though, it can have serious repercussions on your health and cause dramatic medical injuries.

If you bring a claim, the person, insurance company, or even insurance companies responsible for your harm should pay for your damages (including medical expenses) under the laws of Illinois in a compensation settlement. An attorney from a knowledgeable motorcycle crash law firm could bring this action against the insurance companies who are at fault in a claim.

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What Injuries Can I Suffer on a Motorcycle if I Do Not Wear a Helmet?

If you do or do not wear a helmet, you may experience significant health injuries from the crash after you recover, including:

Motorcyclists have little to protect themselves from the impact of a crash. Where the driver of a car or truck might experience minor damage or injury when colliding with another vehicle, the same impact can be devastating to a motorcyclist.

Dedicated attorneys can bring a claim for money and compensation for these offenses. Under Illinois law, the people that caused these crashes could be forced to pay for your recovery, including negative health effects and bills.

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FAQ Motorcycle Accident

What Should I Do After a Motorcycle Accident?

If you are involved in an Illinois motorcycle accident, you should call the police and seek medical attention immediately.

Insurance companies will want to see that you performed certain tasks in the wake of your crash when filing your claim for expenses and compensation.

An attorney can help even an experienced motorcycle rider achieve them so that their legal case is not in jeopardy under the law, including:

  1. Consult a doctor.
  2. Itemize all property damage.
  3. Record lost wages.
  4. Take a statement.
  5. Alert the authorities.

Failing to take care of them can cost you money or a settlement. If you have questions about how to deal with an insurance company after a motorcycle accident, contact our attorneys about your legal rights and how free consultation could show you what you could recover.

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Who Can File a Lawsuit After a Motorcycle Crash?

In Illinois, anyone that was injured and suffered a loss in a motorcycle accident due to the intentional conduct or negligence of another can bring a case.

Note, this does not mean that the plaintiff has to be blameless. They only need to be less than fifty percent responsible for the event in order to successfully sue.

Motorcycle accident victims can bring legal claims to trial or settlement with a lawyer against one or all of the defendants. They can pick and choose which to sue as long as the one they sue had something to do with it.

This is called joint and several liability and it offers the plaintiff great freedom to raise claims against parties that can actually pay out compensation.

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What if I Was a Passenger on a Motorcycle Who Was Injured in an Accident?

If you were harmed while riding as a passenger on a motorcycle, many states allow you to bring claims under the law including Illinois, Florida, California, Texas, and others. The law will let you bring cases against the motorcyclist, another driver, and an insurance company.

If you work with a skilled attorney, you can determine who was at fault according to the law. Our law firm gives free consultations after crashes and if you keep reading the motorcycle accident faq below you may learn what compensation you are entitled to after the incident.

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How Long Do I Have to File an Illinois Motorcycle Accident Lawsuit?

In most cases, two years from the date of your motorcycle accident under Illinois law.

Illinois has a two-year statute of limitations to file personal injury actions. You must bring a lawsuit within two years of the date of the motorcycle accident that caused your injuries or the claim will be forever barred (735 ILCS 5/13-202). I

Illinois also has a five-year statute of limitations after an accident for filing a lawsuit for property damage to your bike (735 ILCS 5/13-205). However, if a local public entity or any of its employees caused the accident, the statute of limitations to bring a claim is reduced to one year (745 ILCS 10/8-101).

In spite of these general rules, it is advisable to consult with a reputable Illinois accident attorney who has experience litigating Illinois motorcycle accidents in order to accurately determine the statute applicable in your case.

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What Types of Compensation Can I Receive in an Illinois Motorcycle Accident Lawsuit?

Anyone injured in an Illinois motorcycle crash as a result of another motorist’s negligence can pursue the at-fault party in a civil action to recover financial compensation for medical bills, lost income, property damage, and often also for pain and suffering, and other noneconomic damages.

As the injured plaintiff, you bear the burden of proving that the defendant motorist’s negligent acts were the cause of your motorcycle accident injuries.

After proving causation, you can seek compensatory damages for costs associated with your injuries and future physical disabilities arising from the accident.

While the specific amount of compensatory damages vary from plaintiff to plaintiff, they usually consist of economic and non-economic damages—for medical and other expenses incurred immediately following the accident as well as ongoing and anticipated future expenses.

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Do I Have to Speak to an Insurance Adjuster After an Illinois Motorcycle Crash?

No. As a party or witness to a traffic accident, you are under no duty to speak with any person except a police officer. It doesn’t matter whether they are from an insurance company, a lawyer’s office, or somewhere else.

Insurance companies often use these statements against you to minimize the value of your case and offer a low claim settlement, or even reject your claim altogether. Consequently, most accident attorneys strongly advise against giving any statements following a motorcycle accident.

Instead of speaking with the insurance company, you should write a letter of notification to the at-fault driver’s insurer notifying them of the accident. Include only your name, the date and location of the accident, the nature of your injuries, and the date of the letter. After sending the letter of notification, allow your attorney to deal with the insurance companies.

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Motorcycle Accident FAQ

How Much Will It Cost Me to Get a Lawyer to Represent Me in My Illinois Motorcycle Accident Case?

There is no upfront cost to hire a lawyer to represent you in a motorcycle accident case because most personal injury attorneys accept cases through contingency-fee arrangements.

Retaining the services of an attorney is not required in an Illinois motorcycle accident claim, but it puts you at a significant advantage when you’re up against insurance companies with ample resources.

Even if you are not at fault for your motorcycle accident, a skilled accident attorney can mean the difference between receiving a minimal insurance payout or a substantial settlement that will fully compensate you for your present and future damages.

At Rosenfeld Injury Lawyers LLC, we represent individuals injured in Illinois motorcycle accidents on a contingency fee basis, which means our firm will take your case regardless of your financial situation. Call for a free case review.

Do You Have Additional Illinois Motorcycle Accident FAQ?

Contact our law firm for a free consultation with an experienced Illinois motorcycle accident lawyer who can address your individual situation and advise you of your legal rights and options following an accident involving injuries.

Resources: [1] Injury Facts

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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