Do you need a lawyer for a motorcycle accident lawsuit? You might ask this question after suffering serious injuries in a motorcycle accident in Naperville, Illinois. You stand a higher chance of winning the lawsuit and receiving maximum compensation when an experienced motorcycle accident lawyer handles your case than when representing yourself. Your lawyer will take care of all aspects of your case, including determining whether the grounds for suing exist, and conducting independent investigations, damage assessment, settlement negotiations, and trial representation.
Chute, O’Malley, Knobloch, and Turcy, LLC is your trusted legal partner whether you are considering filing a lawsuit for a motorcycle accident. Call us at 312-775-0042 to book a free initial consultation.
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Illinois Motorcycle Accident Laws
Unlike cars, motorcycles don’t come encased with outer shells or bodies that help absorb some of the impact of an accident. As such, motorcyclists are a lot more vulnerable and can be left with disabling or even fatal injuries when involved in a crash. In fact, you are 28 times more likely to die in a motorcycle accident than you are in a car accident. With this in mind, it might be surprising that Illinois law does not require motorcyclists to wear helmets when riding.
This is not to say that the state doesn’t have other motorcycle laws to protect riders and other motorists. These laws include:
Licensure law
Operators of motorcycles are required to have the proper driver’s license classification in Illinois. Riders with a Class L license may operate motor-driven cycles less than 150cc. Class M license holders may operate any motor-driven cycle. To obtain the required classification, you’ll need to pass an exam, complete an approved motorcycle rider education course, or both, depending on your age.
Traffic Laws
Like other motorists, motorcyclists must follow all traffic laws and regulations. Additionally, there is a lane-splitting law that prohibits bikers from riding between traffic lanes when traffic stops.
Insurance Laws
Insurance laws require motorcyclists to have liability insurance. This insurance must support a body injury liability coverage of $25,000 per person and up to $50,000 per accident. It must also have a $20,000 property damage coverage.
These are essentially third-party covers, covering the third party injured or the property damage caused by the insured motorcyclist.
Equipment Laws
While there are no motorcycle helmet laws in this state, riders must meet certain requirements for street-legal motorcycles. Motorcycles must have working brakes, headlights, and parking lights. For motorcycles that lack turn signals, riders must use hand signals to alert other road users of their intent to turn. Dirt bikes are not allowed out in the main streets.
How a Motorcycle Accident Lawyer Can Help You
In Illinois, you can file a motorcycle accident claim or lawsuit without a lawyer. This is, however, not advisable from a legal standpoint. There are a few ways you can benefit from having a lawyer handle your motorcycle personal injury lawsuit.
Determining Legal Standing to File a Motorcycle Accident Lawsuit
Not everyone has the legal standing to bring a motorcycle accident suit. Generally, you must have gotten hurt or suffered other losses because of an accident that was caused by someone else’s negligence to bring a lawsuit.
Other people who can bring a motorcycle personal injury lawsuit are court-appointed guardians to people hurt in a crash and personal representatives to an estate whose decedent had a fatal motorcycle accident. An experienced motorcycle accident lawyer can discuss these parameters with you and determine whether you can take legal action for your crash. Additionally, your attorney would provide you with sound advice to help you avoid mistakes after a motorcycle accident that could harm your case.
Investigations
An attorney will review your accident details to determine the cause of your crash. Part of what the car accident lawyer will look at is whether you were compliant with traffic laws and equipment laws for motorcyclists in the state.
Illinois is one of the 38 states categorized as at-fault states. Road users are liable for accidents they cause. Your attorney will investigate the crash to identify the at-fault party. The attorney will also evaluate the degree of liability for every liable party if multiple parties were involved.
Damage Assessment
Motorcycle accident case value depends on various factors. These factors include the severity of the injuries, income loss, degree of pain and suffering, and current and future healthcare costs. Some damages, like medical bills and income loss, are easy to quantify. Subjective damages, like emotional distress and loss of consortium, are significantly harder to assign a dollar amount.
Without a motorcycle accident lawyer, you would be open to abuse by insurers, who almost always try to lowball victims.
Negotiations and Trial Representation
Injury attorneys are trained negotiators, so their assistance in your case significantly increases your chances of receiving a fair settlement. Your lawyer will begin negotiating with the insurance company right away, and will use their skills to help you recover maximum compensation for your losses. Sometimes, motorcycle injury cases settle fairly quickly outside of court. Other times, however, negotiations reach a stalemate and trial becomes necessary.
The matter will go to trial if the insurer refuses to offer a fair settlement or declines liability. If you don’t have an attorney on your side and your case goes to trial, your chances of winning compensation are slim. You’ll need to gather evidence, interview witnesses, and follow strict legal procedures before you even enter the courtroom. When trial begins, you’ll find yourself going up against experienced defense lawyers on your own.
Navigating the Legal Process
An experienced attorney will guide you through the legal process to ensure you meet all filing requirements and deadlines. Making a mistake in the legal process can be detrimental to your case, so legal representation is vital. For instance, in Illinois, road accident victims generally have two years from the time of the accident to file a suit against the at-fault party. You will be ineligible for compensation if this time lapses before you take legal action. Exceptions to the statute of limitations exist, but they aren’t common. An attorney will review your case to see if any exceptions apply that would extend your filing window.
Focusing on Your Recovery
Hiring an attorney to protect your rights also allows you the time and space you need to heal from your injuries or nurture a loved one back to health. Your lawyer will file your claim on your behalf, handle all communications with the insurance company, and prepare your case for trial so you can focus on getting better.
Choosing the Right Lawyer for Your Motorcycle Accident Lawsuit
Hiring the right lawyer for your motorcycle accident lawsuit can mean the difference between a recovering full and fair compensation for your losses and losing your case altogether. How do you go about choosing the right injury lawyer? The following tips will help point you in the right direction.
Experience with Personal Injury Claims Involving Motorcycle Accidents
When choosing the right lawyer for your motorcycle accident case, one of the most important factors to consider is their experience with personal injury claims involving motorcycle accidents. For example, there are many differences between motorcycle accidents and car accident cases. Unlike car accidents, motorcycle crashes often involve unique challenges, such as more severe injuries and issues related to motorcycle-specific laws. An attorney with a proven track record in handling motorcycle accident cases will be familiar with these complexities and know how to navigate the specific legal nuances to build a strong case. Whether it’s understanding the dynamics of a crash, working with medical experts on injury assessments, or negotiating with insurance companies who may have biases against motorcyclists, a lawyer with experience in motorcycle accident claims can make a significant difference in the outcome of your case. Choosing a lawyer who has a track record of success in cases involving motorcycle accident injuries ensures that you have the best chance of obtaining the compensation you deserve for medical bills, lost wages, pain and suffering, and other damages.
Contingency Fee Arrangement
A motorcycle accident will likely disrupt your life, including your working life. Over and above this, you will also be grappling with medical bills despite not working. This is a situation that undoubtedly stresses your finances. When hiring a lawyer, this needs to be front and center. Discuss the payment terms and go for a firm that handles cases on a contingency fee basis.
When attorney fees are charged on a contingency basis, you don’t have to pay out of pocket for legal representation. Instead, the law firm will subtract a percentage of your settlement or jury award to satisfy their fees. If your cases is not successful, your lawyer won’t charge you any legal fees. This type of arrangement is beneficial for injured victims in various ways. It provides you with access to top-quality legal representation without causing additional financial burdens, and it serves as motivation for your legal team to work harder to win your case.
Your Gut Feeling
When vetting different attorneys, pay attention to how well they answer questions and their communication style. Also, consider how attentive and patient they are and their general demeanor. Since motorcycle accident claims frequently involve severe, and costly injuries, they are more likely to be “high-value” cases. Insurance companies generally fight harder to deny or minimize payouts on claims like yours, so chances are good that you could be working with your lawyer for an extended period of time. As such, it’s important to hire an attorney who is responsive to your needs and with whom you feel comfortable communicating.
Success Rate
Past performance is a good indicator of an attorney’s capabilities. Be sure to ask about the law firm’s track record in cases similar to yours. While they can’t provide you with case-specific details, they should be able to give you a general overview of cases they’ve won and settlements or jury awards they have obtained on behalf of previous clients.
Reputation
Look at how different attorneys are considered within the community. Do they have more positive than negative reviews? Have they ever been sued by clients? Do they have disciplinary matters like impending disbarment? Do they come well recommended by others? To which professional bodies and associations do they belong?
These questions will help you evaluate the attorney’s reputation. If they have conducted themselves exceptionally well in the past, there are higher chances that you will be in good hands.
How Long Does A Motorcycle Accident Lawsuit Take?
The length of a motorcycle accident lawsuit can vary depending on the complexity of the case, the severity of the injuries, and whether a settlement is reached or the case goes to trial. On average, most motorcycle accident lawsuits take anywhere from several months to over a year to resolve. If a settlement is reached early, the process may be quicker, but if the case goes to trial, it could take longer due to court schedules and the need for additional evidence. Working with an experienced motorcycle accident lawyer can help expedite the process and ensure your case moves forward efficiently, maximizing your chances of fair compensation.
The attorneys at Chute, O’Malley, Knobloch, and Turcy, LLC have decades of experience handling motorcycle accident lawsuits like yours. Contact us at 312-775-0042 for a case review.