Chicago Motorcycle Accident Lawyer
Have You or a Loved One Been Involved in a Motorcycle Crash in Chicago, Illinois?Thousands of motorcycle accidents occur in Chicago and surrounding areas every year, and if you have found your way to this web page, you or a family member were probably involved in one.
You have likely sustained personal injuries and want to claim damages from the responsible party.
Do You Have Serious Motorcycle Injuries?Motorcycle accidents are more dangerous than the average motor vehicle accident and will usually result in injuries that are comparatively more serious.
Not only are your medical expenses likely to be higher, but your physical pain will also be greater with motorcycle accidents. This warrants comprehensive financial compensation.
Perhaps you have already been offered a settlement from a driver's insurance company. But can you be sure you are getting the full value owed to you?
Hire Chicago Motorcycle Accident Lawyers Who are Committed to Your SuccessYou need an experienced motorcycle accident attorney who can give you a clear idea of what your case is truly worth, and can fight on your behalf while you focus on recovery.
Benefit from our Extensive Experience Handling Illinois Motorcycle Accident ClaimsRosenfeld Injury Lawyers LLC has years of experience securing the most favorable recovery for injured motorcyclists across Illinois.
Over the past several years, our Chicago motorcycle accident lawyers have won millions of dollars in settlements for motorcyclists with catastrophic injuries in the Chicago area.
From the time our personal injury lawyers are retained through to case resolution, we pledge to do everything possible to demonstrate that the driver of the vehicle that hit you was negligent, and that your serious injuries are causally related to the incident.
While the majority of our Chicago motorcycle injury cases settle out-of-court, we never leave anything to chance.
We assemble the evidence needed to support the liability and damages aspects of your case so we are indeed prepared for war-- even if your case gets resolved peacefully.
- Gathering liability evidence: Our team of Chicago motorcycle accident attorneys will request police reports from the investigating department, photograph the scene of the accident and damage to your bike. If there are witnesses, we will try to locate them and secure recorded statements from them as to how the crash occurred. In severe accidents, we may retain an accident investigator who can prepare a report about how the crash occurred based on his examination of crash data.
- Medical damages: Given that many of our motorcycle accident clients suffer significant injuries, we try to shoulder some of their burden by ordering all of their medical records and medical bills related to their care. This usually means, ambulance records, hospital charts, surgical reports, physical therapy records and pharmacy receipts. We may also get written reports from treating doctors to address the nature and extent of injuries. Frequently these reports also address the pain and suffering our client's have endured following the crash and are likely to experience in the future.
- Property damage: Many motorcycles are a significant investment. When a bike is damaged in a crash, we try to recover the full value of the bike. This includes any customization or after-market work done.
- Lost wages: When an accident prevents a motorcyclist from working for a short or extended period of time, we make a wage loss claim as part of our settlement demand to ensure they are made whole.
Common Causes of Motorcycle Accidents
We know how these cases go, and have represented motorcyclists just like you in Illinois crashes involving:
- Speeding drivers
- Dangerous lane changes
- Illegal turns
- Drunk or drugged driving
- Texting while driving
- Driver fatigue
Beyond physical injuries, we also understand that bike accidents can cause psychological injuries resulting including PTSD and depression.
We have also had the honor of being the Chicago, IL law firm that families of deceased motorcyclists turn to pursue a wrongful death claim on behalf of their loved one. Particularly in these cases, we appreciate the significance of their loss and do everything feasible to ensure the value of the case is maximized to the fullest extent of Illinois law.
Disturbing Statistics About Motorcycle Accidents in Chicago, Illinois
Some sobering statistics regarding motorcycle accident crash data from the Illinois Department of Transportation (IDOT) reveal that there were 308 motorcyclists injured in a crash with the City of Chicago in 2018 (most recent year of data).
A closer inspection of the data suggests 11 of the bikers suffered fatal injuries while 106 sustained significant 'type A' injuries where the injuries prevent them from pursuing aspects of their life that they enjoyed prior to the crash.
On a state-wide basis in 2018, there were 2,703 reported motorcycle accidents with 1,899 people reporting injuries and 118 people lost their lives in these crashes.
If you or a loved one was injured or killed in one of the statistics above, contact our law office for a consultation call regarding your options for pursuing a claim against the negligent parties.
We Have a History of Successful Settlements
We appreciate the confidence placed upon us and the responsibility that accompanies this. We are deeply committed to get the compensation that each person is entitled to given their circumstance.
Below are some motorcycle accident settlements that our law firm has worked on. Please review them with the understanding that each case is unique and past results are not a guarantee of results on your case.
Talk to a Top-Rated Motorcycle Accident Attorney
At Rosenfeld Injury Lawyers LLC we pride ourselves on providing individualized representation for each client.
Many of our current and former clients were referred to us by their friends and family.
- Selected as a Super Lawyer
- American Academy of Jurisprudence
- Lead Counsel Rated
- Million Dollar Advocates Forum
- Best Attorneys of America
- National Trial Lawyers Top 100
- Lawyers of Distinction
- Lawyer Legion
- Illinois Trial Lawyers Association
- Illinois State Bar Association
What to Expect When Filing an Illinois Motorcycle Accident ClaimPursuing your personal injury claim can be a daunting process. When you hire an experienced motorcycle accident attorney from Rosenfeld Injury Lawyers, you can act confidently, knowing that you have someone on your side to give your case the best chance of getting the compensation you deserve.
You can expect your claim to go through the following process:
- Free consultation: A personal injury attorney will meet with you to discuss your accident and any settlement you may have already been offered.
- Presentation of damage package: Your lawyer will investigate your case to determine the true extent of your injuries, which will include the cost of past and future medical bills, medical records,lost wages, and pain and suffering. Using this information, we will present a demand package to the defendant’s insurance company.
- Settlement offer: We will assess the settlement offer based on the demand package and advise you on a way forward.
- Lawsuit: If our lawyer deems the offer insufficient or unfair, we will file a lawsuit on your behalf and undertake the necessary procedures to see you to a fair settlement or to see the case presented to a judge or jury.
FAQs From Motorcycle Accident Victims
Consequently, we welcome any person injured in a motorcycle accident (or their family members) to contact our lawyers for a free no-obligation call or meeting.
How Long do I Have to File an Illinois Motorcycle Accident Lawsuit?
You have two years to file an Illinois motorcycle accident lawsuit. In Illinois, the statute of limitations for personal injury cases is two years from the time that your cause of action arose. In most cases, the cause of action arises at the time of your accident since that is when you were injured.
However, in certain limited circumstances, the statute of limitations begins to run from the time that you knew or should have known that you were injured. In wrongful death cases, the family of the deceased also has two years to file a claim.
While two years may seem like a long time, we caution you to consider talking with an attorney sooner than later. As time goes on, evidence related to your case becomes more difficult to obtain and witnesses may move or lose interest in assisting. Therefore, we invite you to speak to our law firm anytime for a free case evaluation.
Will My Chicago Motorcycle Case Settle Out-of-Court?
Most Chicago motorcycle injury cases will settle out of court. Trials are expensive and uncertain, and an insurance company runs the risk that a jury would be sympathetic to your case, leaving the company on the hook for a large damages award. However, an initial settlement offer is likely to be less than your case is worth when a lawsuit is filed.
Since your personal injury attorney has done this many times before, they will know what your claim is worth and will be able to advise you whether the settlement offer makes sense for you or if they may be able to get you more money by taking your case to trial.
While your lawyer will give you feedback and opinions as to how to resolve your case, the ultimate decision to settle will be made by you. Ultimately, we respect the decision of each client to make decisions regarding their case given their unique circumstance.
Can I Recover Damages For a Chicago Motorcycle Accident if I Wasn’t Wearing a Helmet?
Yes. Illinois is one of three U.S. states that does not require motorcyclists to wear a helmet, which means you still have a case even though you were not wearing a helmet when your accident occurred.
Moreover, courts have generally held that the lack of a motorcycle helmet is inadmissible from court.
What if the Driver who Hit Me Didn't Have Insurance?
If you are involved in a motorcycle accident with a driver who did not have liability insurance or who left the scene of the accident, you may file an uninsured motorist claim (UM) with your own insurance. In these situations, our attorneys will file a claim with your own insurance carrier for your damages.
Similarly, if the driver that hit you did not have adequate insurance coverage to compensate you for your injuries, you may have an under-insured motorist claim (UIM) where you pursue the balance of your damages from your own carrier after the negligent driver's insurance policy limits have been collected.
Example: Suppose your claim has a fair value of $150,000. If the driver who hit you only carried $100,000 in liability coverage, you will essentially be limited in a recovery from them for their policy limits (most people don't have sizable liquid assets). However, if you have under-insured motorist coverage limits of more than $100,ooo, you can pursue the balance of the value of your claim from your own insurance company.
In either respect, our Chicago motorcycle accident attorneys are capable of reading your insurance policy to determine the best course of action for you and explain your legal rights. If you have more questions about insurance coverage with your case, contact our team today for a free consultation.
What Are the Legal Rights of an Injured Motorcycle Passenger?
Passengers injured in motorcycle accidents are rarely the cause of the accident, and may claim damages for their injuries from the driver of the motorbike, the driver of another vehicle involved, or both. A motorcycle passenger may also claim damages from the motorcycle manufacturer if the accident was caused by defective parts.
Each Chicago motorcycle accident lawyer in our office knows the difficult situation an injured motorcycle passenger faces when it comes to pursuing a claim against a friend or family member who was operating the bike at the time of the crash.
Consequently, we are always respectful of your wishes to resolve a claim at any point to avoid airing your injury claim in court. Contact a motorcycle accident lawyer in our office today to learn more about your legal rights as an injured passenger
What Do You Need To Do To Prove Your Motorcycle Injury Case?
If you are taking legal action after a Chicago, Illinois motorcycle collision, you need to prove that you have a case. Persuading a jury that a negligent driver actually caused your injuries requires that you prove four different things:
- The other driver owed you a duty of care. In general, this is an easy element to prove because all drivers owe a duty of care to everyone else on the road.
- The driver breached this duty of care. While a driver is not held to a standard of absolute perfection when they are on the road, they must act as a reasonable driver would. This means that they cannot do things such as speeding or make illegal turns, because an ordinary reasonable driver would not do such things.
- You must have suffered some sort of injury.
- Your injury would not have happened if not for the actions of the other driver.
While the above sounds relatively basic, there are many aspects to motorcycle accident cases that can complicate things quickly.
Having a motorcycle accident lawyer on your side can help you navigate through this process.
Can I Still File a Claim if I Am Partially Responsible for a Motorcycle Accident?
Yes, you may be able to pursue a motorcycle accident claim even if you are partially responsible for the accident. Illinois applies the comparative fault doctrine to motor vehicle accident cases, where the injured party (plaintiff) can pursue a claim and obtain a recovery, even if they were partially responsible for causing the accident.
The catch to the comparative fault doctrine is that you must be less than 50% at fault in order to recover compensation,
The second catch to the comparative fault doctrine is that your damages will be reduced by your percentage of fault.
As an example: Suppose your motorcycle accident case is worth $100,000 and a court deems you to be 25% responsible for causing the collision. In this situation, your case would be worth $75,000.
Similarly, if a court finds you to be 51% at fault for the collision you will be barred from a recovery.
Consequently, it is very important to establish liability in each motorcycle accident case. Your Chicago motorcycle accident lawyer can address any concerns about liability and comparative fault during your free consultation.
5 Facts About Chicago Motorcycle Accident CasesHaving a wider understanding of motorcycle accident cases in Chicago may help you better prepare for legal action and give you a clearer idea of what to expect.
We have put together some helpful details and statistics about Chicago motorcycle accident cases so that you know have some appreciation as to how your case will play out.
- If you have been in a motorcycle accident in Illinois, there is an approximately two-thirds chance that you will be injured.
- Further, if you are injured there is a 35% chance that it will be an “A injury”, which prevents the injured person from walking, driving, or normally continuing the activities he/she was capable of performing before the injury occurred.
- In Cook County, nine in ten motorcycle accident cases settle before they go to trial. Insurance companies do not want to take your case all the way to trial because they know it will probably result in your favor.
- The at-fault driver's insurance representative will offer you a figure that will likely not be for the full amount that your case is worth. They are banking on the fact that you may take their first offer, thereby saving them money.
- Negotiating with an insurance company is difficult for anyone because the company has better knowledge than you, since this is what they do every day. Therefore, you need an attorney on your side to help neutralize your natural disadvantage in this area.
We firmly believe in keeping lines of communication open so you can call or email as questions arise and situations develop.
Rest assured that while we may be your attorneys, you are the one calling the shots when it comes to the direction of your case.
Our Commitment to Accident VictimsWe are mindful that most people involved in a motorcycle crash suffer serious injuries. We appreciate that these injuries may impact their lives in the immediate and long-term.
Consequently, from the time we are retained in a case, we begin gathering the information needed to provide you with the best chance of a successful recovery via settlement or trial.
We are an established firm and have the resources necessary to build your case and stand toe-to-tow with the insurance companies involved.
In many cases we secured the following evidence:
Liability Evidence: Establishing liability in a motorcycle crash case means more than ordering a police report. We regularly go to the scene of the accident and photograph the scene of the collision, the vehicles involved and any markings on the roadway. When there are witnesses to a crash, we may get recorded statements from them to record how the crash occurred.
Medical Evidence: Our office takes care of ordering all of your medical records and medical expenses related to your injuries. Our paralegals secure each bill from each medical provider in order to accurately record your expenses. We may also get written reports from your treating physicians to address commonly raised issues including, causation, nature and extent of your injuries and permanency.
Wage-Loss Evidence: When an incident results in short-term or long-term disability which prevents you from working, we will present a wage loss component to your claim. If your injuries render you permanently disabled, we may retain a vocational expert to address your prospect of working in a profession that can accommodate your physical limitations.
Call us today and let our team start preparing a strong case for you.
Contact an Experienced Chicago Motorcycle Accident Lawyer for the Best Chance of Maximum CompensationFor serious motorcycle crashes, you need the best motorcycle accident attorneys working on your behalf to secure the maximum compensation you are entitled to.
When you work with Rosenfeld Injury Lawyers LLC, you can be assured that you are getting the experience of a law firm that has successfully represented motorcyclists from across the State of Illinois.
Call today and schedule a free consultation so we can review your options for recovery.
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