Chicago Motorcycle Accident Lawyer
While driving a motorcycle is an exhilarating experience for many Chicago residents, it can be very dangerous. Collisions between a motorcycle and a motor vehicle are often catastrophic, resulting in serious injuries and fatalities. Under Illinois law, injured motorcyclists have the right to hold at-fault drivers accountable for their losses — and a Chicago motorcycle accident attorney at Taxman, Pollock, Murray & Bekkerman, LLC can help. Call us today at (312) 586-1700 to schedule an appointment for a free case review.
Why Choose to Work With Taxman, Pollock, Murray & Bekkerman?
Motorcycle accidents can result in severe injuries for riders. Our lawyers specialize in advocating for the rights of motorcycle accident victims, fighting for fair compensation for their injuries and damages. With our knowledge of personal injury law, we will work attentively to gather evidence, negotiate with insurance companies, and build a strong case.
- Proven track record. Over our years of experience, our firm has recovered over $500 million in settlements and jury verdicts. Our attorneys will evaluate your motorcycle accident case and identify every potential avenue to compensation.
- Attention to detail. Our firm prides itself on our dedication to our clients and attention to detail. We will aggressively pursue every angle of your claim to craft a compelling case in your favor and achieve the best possible outcome.
- Full dedication to clients. We are proud to represent people, not corporations or insurance companies. Our Chicago accident lawyers dedicate themselves to obtaining justice for our clients and preventing the same injuries or loss of life from happening to others.
Steps to Take After a Chicago Motorcycle Accident
There are various steps that individuals need to take after sustaining an injury in a motorcycle accident. We understand that these steps may not happen in this exact order, but if another party caused your accident, following these steps can help improve your chances of success with an injury claim:
- Check for injuries. The number one priority after a motorcycle accident is performing a quick assessment for any injuries. We recommend that all motorcyclists seek immediate medical care after an accident occurs, even if the injuries are not obvious right away. Not only does prompt medical care help to ensure the well-being of the motorcyclist, but it establishes a link between the injuries and the motorcycle collision.
- Call 911. Law enforcement officials need to get involved after any motorcycle accident occurs. They can come to the scene and conduct their investigation in order to fill out the accident report. Without the accident report, the insurance company could push back when it comes to approving the claim.
- Gather evidence. A motorcyclist may be able to gather evidence at the scene of the incident, including photographs of property damage or injuries, as well as the surrounding scene. Additionally, if there are any cameras on nearby homes or businesses, or if there is a dashcam involved, this footage may be attainable with assistance from a lawyer. The names and contact information of eyewitnesses to the incident should be written down.
- Call a Chicago motorcycle accident lawyer. An attorney can help injury victims recover compensation for their losses. An attorney can step in right away and begin preserving evidence and opening communication with other parties involved.
- Continue medical treatment. Motorcyclists should continue all medical treatments recommended by their medical professionals. Discontinuing recommended treatment could send a signal to the insurance carriers that the injuries are not as severe as stated.
Three Legal Options To Pursue Compensation After a Motorcycle Accident
Motorcycle accident victims often require the assistance of an experienced injury lawyer to navigate the complexities of their personal injury claims. Like most states, Illinois adheres to a fault insurance system. If a driver causes an accident, he or she must pay for the damages of his or her victims—including other drivers, passengers, pedestrians, and motorcyclists.
If you suffer injuries in a motorcycle crash with a negligent driver, you have three options to pursue compensation.
- You can file a car accident lawsuit against the at-fault driver in Illinois civil court.
- You can file an insurance claim against the at-fault driver or under your own policy, if you have the appropriate coverage.
- You can also file a personal injury claim in Illinois civil court with the help of a personal injury Lawyer in Chicago.
A Chicago motorcycle accident attorney will provide dedicated legal representation to accident victims. Our team understands the challenges faced by those involved in motorcycle accidents and will work tirelessly to protect their rights.
Common Causes of Motorcycle Accidents in Illinois
Motorcycle crashes can occur for several reasons, from dangerous road conditions like potholes to bad weather and defective vehicle parts. In many motorcycle accident cases, however, dangerous driving behaviors are responsible for these collisions. Some of the most common causes of Illinois motorcycle collisions include the following:
- Unsafe lane changes: Drivers have a responsibility to check for oncoming traffic before moving into another lane. Unfortunately, not all drivers perform this diligence and may crash into a motorcyclist who is traveling in that lane.
- Opening vehicle doors: Many motorcycle crashes occur when a passenger vehicle is parked. The driver may unexpectedly open his or her door into traffic, causing a motorcyclist to crash into it.
- Left-turn accidents: Drivers must adhere to the right of way while driving near motorcyclists. Sometimes, drivers fail to yield and crash into a motorcyclist while making a left turn, leading to serious injuries and fatalities.
- Driving under the influence: Alcohol and drugs severely impair many of the functions necessary for safe driving, including fine motor skills, judgement, concentration, and reaction time. Drivers who operate their vehicles while under the influence of these substances can collide into motorcyclists—leading to catastrophic injuries.
Common Injuries in Chicago Motorcycle Accidents
The injuries resulting from a motorcycle collision are often serious and life altering. Injuries from motorcycle collisions can result in extensive medical care, surgeries, hospitalizations, and significant medical bills. Riders can be left with permanent physical limitations that can even prevent them from returning to work. The legal team at TPMB advocates on behalf of its motorcycle clients to ensure that their rights are protected.
One of the common types of injuries sustained in a motorcycle collision is a head injury. Illinois law does not require motorcyclists to wear a helmet while operating a bike. If you are involved in a collision and not wearing a helmet, the fact that you were not wearing a helmet cannot be used as a basis to lessen your financial recovery.
The injury lawyers at TPMB have extensive experience in advocating on behalf of riders for all types of injuries associated with motorcycle collisions. Common motorcycle injuries include:
Success in litigation is a product of unyielding advocacy, commitment, and tireless preparation, built upon the foundation of strong client relationships.
Bradley Pollock – Partner
What Our Clients Have To Say
The best in Chicago! I found them on Google when I had motorcycle accident… I appreciate [Grant Bosnich] and this company.” – Farkhod T.
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Our Case Results Speak For Themselves
Here are some of the results the attorneys at Taxman, Pollock, Murray & Bekkerman, LLC were able to achieve for motorcycle accident clients.
$5.25 Million
Achieved for a motorcyclist who required a below-the-knee amputation after being struck by a left-turning retiree driving a Mercedes-Benz at an intersection in rural Indiana. Our client was alleged to have been speeding, but our investigation absolved him of all fault, placing all fault on the defendant driver.
$2.6 Million
This was a record recovery in DuPage County, IL for leg and foot injuries sustained by a 27-year-old motorcyclist when he was hit in an intersection by an SUV making a left turn on a yellow light. The driver of the SUV claimed that the motorcyclist was speeding and abruptly changing lanes to make the light. The record recovery was featured on the front page of the Chicago Daily Law Bulletin.
$1.625 Million
This settlement was won for an injured motorist who suffered an injury to her low back that ultimately required a fusion 1.5 years after the impact. The defense attempted to claim that the treatment was unrelated to the impact.
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Chicago Motorcycle Accident FAQs
How Long Do I Have to File a Motorcycle Accident Claim in Chicago?
When we examine 735 ILCS 5/13-202, we can see that injury claims should be filed within two years from the date the injury occurred. This means that Chicago motorcycle accident victims must file a lawsuit against the alleged negligent party within two years from the date of the accident. Failure to file a motorcycle accident lawsuit within these required time frames will likely result in the case being dismissed, which means the injured motorcyclist will recover no compensation for their losses.
Who Can Be Held Liable For My Motorcycle Accident Injuries?
Various parties may be held liable, from car accidents to motorcycle collisions, due to the complexity of these incidents. A motorcycle accident lawyer in Chicago will need to conduct an extensive investigation into your particular motorcycle accident claim in order to determine all possible liable parties. Some of these parties could include, but are not limited to, the following:
- Other drivers on the roadway. Some of the most obvious at-fault parties include other drivers on the roadway. When another driver’s negligence causes a motorcycle accident, then that driver must be held accountable for their actions. Typically, compensation will come through a settlement with the at-fault driver’s insurance company, but it maybe does necessary to file a motorcycle accident lawsuit against the driver.
- Government entities. Government entities could be held responsible for a motorcycle accident in a few different ways, including accidents involving government vehicles. However, if a motorcycle crash was caused by inadequate road maintenance, a municipal authority could hold liability under certain circumstances.
- Construction companies. Construction companies responsible for sites on or around the roadway could be held responsible if a motorcycle crash was caused by the careless or negligent actions of the construction company or an employee of the company.
- Motorcycle manufacturer. In the event the motorcycle malfunctions and the malfunction causes an accident, it may be possible to hold the manufacturer of the motorcycle responsible for the incident.
- Motorcycle parts manufacturer. Sometimes, individual parts of a motorcycle malfunction and cause an accident, in which case it may be possible to hold the individual motorcycle part manufacturer accountable.
How Can I Prove Someone Else’s Negligence Caused My Motorcycle Accident?
To secure compensation after a motorcycle accident, you will need to prove that the other driver is responsible for the collision. During the insurance process, a representative will conduct an independent investigation to identify the liable party. You may need to provide evidence to the company and engage in negotiations to establish your right to recovery.
During a lawsuit, proving the at-fault driver’s liability is a bit more complex. You and your attorney will need to provide sufficient evidence to support the four elements of negligence: duty, breach of duty, causation, and damages.
- Duty: The at-fault driver owed you a duty of care at the time of the collision. All drivers have a duty to follow the law and operate their vehicles with a reasonable level of care.
- Breach of duty: The at-fault driver breached his or her duty of care to you in some way. Speeding, running a red light, and failing to yield are examples of a breach of duty.
- Causation: The at-fault driver’s breach of duty directly caused your motorcycle accident.
- Damages: You sustained damages in the accident that you can collect compensation for in your lawsuit.
You can use many pieces of evidence to prove these elements, including medical records, witness testimony, traffic footage, and statements from expert witnesses. Although you may be able to establish the other driver’s liability, your award could be at risk of depletion if the court finds that you share a portion of the fault.
What If I Was Partially At-Fault For the Accident?
Illinois follows a modified comparative negligence standard in these situations. For example, say that you are in an accident with a driver who makes an unsafe lane change. However, the court discovers that you were lane splitting at the time of the accident, which is illegal in Illinois. The court assigns 30 percent of the liability to you and will reduce your settlement by that amount. If you ask for $10,000, you will only receive $7,000.
If the court finds that you are 50 percent or more responsible for the accident, you will not recover any compensation at all. To protect yourself from accusations of shared liability, it is important to contact a Chicago motorcycle accident lawyer who can advocate for your best interests.
What If the Driver in a Motorcycle Accident Didn’t Have Insurance?
There are times when motorcycle accidents occur and the at-fault driver does not have insurance. The good news about Illinois insurance requirements is that all policies must include uninsured and underinsured motorist bodily injury coverage of at least $25,000 per person and $50,000 per accident. This should bring comfort to individual motorcyclists on the roadway should an incident involving an uninsured driver occur.
However, Illinois does not require motorcyclists to carry uninsured or uninsured motorist property damage coverage. This means that if a motorcyclist chooses not to purchase this additional coverage, they will most likely have to pay for property damage out of their own pocket for the property damage they incur.
Contact Our Chicago Motorcycle Accident Lawyer Today
If you, a loved one, or someone you know needs help, it will cost you nothing to discuss your injury case with one of the Chicago motorcycle accident attorneys from the law firm of Taxman, Pollock, Murray & Bekkerman, LLC. Give us a call anytime at (312) 586-1700 or fill out our online form to set up a free consultation.