Riding a motorcycle can be an enjoyable hobby and mode of transportation. However, motorcycle riders are more vulnerable on the roads compared to drivers of other vehicles. There were 312,956 registered motorcycles in Illinois in 2021. 2,544 motorcyclists were injured, 905 of them seriously, while 174 motorcyclists died.
If you are injured in a motorcycle accident that was caused by another driver’s negligence in Illinois, you have certain legal rights to seek compensation for your injuries, losses, and damages. Here is what you need to know.
Gathering Evidence at the Accident Scene
If you are involved in a motorcycle crash, the actions you take at the scene can impact your ability to successfully make an injury claim later. Try to gather as much evidence as possible, as this evidence can help prove that the other driver was negligent and liable for your injuries and damages.
Seeking Medical Treatment
Even if you do not feel hurt immediately after the crash, it is crucial to get checked by a doctor as soon as possible. Adrenaline and shock can mask serious injuries like internal bleeding, fractures, spinal cord trauma, or head injuries. Prompt diagnosis and treatment can improve your recovery outlook.
Make sure to follow all your doctor’s treatment recommendations, attend physical therapy if prescribed, and take notes on how the injuries impact your life and ability to work. Your medical records will serve as evidence when seeking compensation from the at-fault driver’s insurance company.
Hiring an Experienced Motorcycle Accident Attorney
An experienced Chicago motorcycle accident lawyer from Monge & Associates can guide you through the claims process and deal with the insurance companies so you can focus on recovery. Specifically, your attorney can:
- Investigate the accident circumstances to establish liability.
- Negotiate your claim and fight for full and fair compensation.
- Determine all sources of compensation available to you.
- Calculate the value of your damages including medical bills, lost income, pain and suffering.
- Represent you if the case goes to trial.
It is especially advantageous to have legal guidance when the insurance company makes a lowball offer that does not sufficiently cover your damages.
Statute of Limitations
Under Illinois law, you normally have two years from the date of your motorcycle accident to file a personal injury lawsuit against the at-fault driver. This two-year window is known as the statute of limitations.
Make sure to consult us as soon as possible after your crash so we can take action before the deadline passes. The deadline could be shorter if you were injured by a government entity or public transportation agency.
A knowledgeable lawyer from Monge & Associates can help preserve your right to take legal action even if you initially try settling out of court with the insurance company. Do not wait until the last minute to pursue compensation for your motorcycle accident injuries in Illinois. Time is of the essence.
Understanding Damages You Can Recover
In a motorcycle injury lawsuit or settlement agreement, there are certain types of monetary damages you can seek compensation for, including:
- Medical expenses like hospitalization, surgery, medication, devices. Make sure to keep detailed records of all medical bills and expenses related to the accident. Your attorney can help calculate and demand appropriate compensation for these costs.
- Lost income and reduced future earning capacity. Provide pay stubs, tax returns, and other documentation to quantify your lost wages. Your attorney can hire experts to project losses in your future earning potential.
- Property damage to your motorcycle and gear. Keep receipts for the repair or replacement costs for your damaged motorcycle, helmet, jacket, etc. An expert appraiser can help establish the current fair market value if your vehicle is totaled.
- Pain and suffering. Describe how the injuries specifically impair your quality of life and ability to participate in activities. Your testimony can help establish an appropriate monetary value for your physical pain.
- Loss of normal life enjoyment. Explain the impact on your ability to socialize, take vacations, enjoy hobbies, and engage in other life activities you previously took for granted.
- Disfigurement from scars. Vividly depict how visible scarring has affected your self-confidence, body image, and personal relationships. Photos can visually support the extent of permanent marks and imperfections.
- Emotional distress. Seek counseling and therapy to help cope with accident-related mental trauma like anxiety, fear, depression, sleep troubles, etc. Records from mental health providers can substantiate your emotional suffering.
- Loss of consortium between spouses. Have your spouse describe how the injuries have negatively impacted intimacy, companionship, household duties, and the overall marital relationship. Testimony from your spouse can help convey this loss.
With an attorney from Monge & Associates advocating on your behalf, you can potentially recover full and fair compensation for your motorcycle accident losses. Do not jeopardize your chances of obtaining all the damages you rightly deserve.
Contact us today if you’ve been injured in a motorcycle crash in Illinois. We have offices in 32 locations and 19 states, including Illinois, Alabama, and Florida.
Call now for a free consultation on (888) 477-0597.