Champaign Motorcycle Accident Lawyer
Motorcycle crashes can cause devastating injuries because riders have little protection when they are struck by a car, truck, or other vehicle. Even a collision that causes relatively minor damage to a passenger vehicle can leave a motorcyclist with serious or permanent injuries.
If you were injured in a motorcycle accident in Champaign, Illinois, Patel Law, PC can help you understand your rights and pursue compensation from the responsible parties. Our Champaign motorcycle accident lawyers represent injured riders throughout Champaign, Urbana, Champaign County, and Central Illinois.
Contact Patel Law, PC for a free consultation about your motorcycle accident case.
What Should I Do After a Motorcycle Accident in Champaign?
The steps you take after a motorcycle crash can affect both your health and your ability to pursue an injury claim. When possible:
- Call 911 and report the crash;
- Seek medical attention, even if you are unsure how seriously you are injured;
- Photograph the vehicles, motorcycle, roadway, debris, traffic signs, and your injuries;
- Obtain the other driver’s insurance and contact information;
- Get contact information from witnesses;
- Preserve your motorcycle, helmet, riding gear, and damaged personal property;
- Keep copies of medical bills, records, prescriptions, and insurance correspondence; and
- Speak with an Illinois motorcycle accident lawyer before accepting a settlement or signing a release.
Some injuries may become more apparent in the hours or days following a collision. Prompt medical evaluation also creates documentation connecting your injuries to the crash.
What Causes Motorcycle Accidents in Illinois?
Many motorcycle crashes occur because another driver fails to see a motorcyclist or fails to yield the right of way.
Common causes include:
- Distracted driving;
- Drivers turning left in front of motorcycles;
- Failure to yield;
- Unsafe lane changes;
- Following a motorcycle too closely;
- Speeding;
- Running red lights or stop signs;
- Driving under the influence of alcohol or drugs;
- Opening a vehicle door into the path of a motorcycle;
- Unsafe merging;
- Dangerous roadway conditions; and
- Defective motorcycle or vehicle components.
Why Are Motorcycle Accident Cases Different From Car Accident Cases?
Motorcycle accident claims can present issues that are less common in ordinary passenger-vehicle collisions.
Motorcyclists often suffer more serious injuries, which can result in larger medical expenses, longer periods away from work, future treatment needs, and permanent disability or disfigurement.
Liability may also be disputed. Drivers sometimes claim they did not see the motorcycle or attempt to blame the rider for the collision. Evidence from the crash scene, witnesses, surveillance or dash-camera footage, vehicle damage, electronic data, and accident reconstruction may become important.
Who Can Be Responsible for a Motorcycle Accident?
The driver who caused the collision is often the primary responsible party, but other individuals or companies may also bear responsibility depending on how the crash occurred.
Potentially responsible parties may include:
- A negligent driver;
- The driver’s employer if the driver was acting within the scope of employment;
- The owner of a vehicle in appropriate circumstances;
- A manufacturer or distributor of a defective vehicle or component;
- A contractor responsible for dangerous roadway work; and
- Other parties whose negligence contributed to the crash.
Common Motorcycle Accident Injuries
Without the protection of an enclosed passenger compartment, motorcyclists can suffer severe injuries when they are struck, thrown from the motorcycle, or make contact with the roadway.
Common injuries include:
- Road rash and lacerations;
- Broken and fractured bones;
- Shoulder, knee, and joint injuries;
- Head and facial injuries;
- Traumatic brain injuries;
- Neck and back injuries;
- Spinal cord injuries and paralysis;
- Nerve damage;
- Internal organ injuries and internal bleeding;
- Amputation injuries;
- Scarring and disfigurement; and
- Psychological and emotional trauma.
Severe motorcycle injuries may require surgery, rehabilitation, physical therapy, assistive devices, or ongoing medical care.
What Compensation Can I Recover After a Motorcycle Accident?
The compensation available depends on the injuries, medical treatment, lost income, liability, insurance coverage, and other facts of the case.
Depending on the circumstances, damages may include:
- Past and future medical expenses;
- Lost wages;
- Loss of future earning capacity;
- Property damage;
- Pain and suffering;
- Emotional distress;
- Disability;
- Disfigurement and scarring; and
- Loss of a normal life.
There is no standard settlement amount for a motorcycle accident. The value of a claim depends on the specific evidence and circumstances.
What If I Was Partially at Fault for the Motorcycle Accident?
Being partially responsible for a motorcycle crash does not automatically prevent you from recovering compensation in Illinois.
Illinois follows a modified comparative-fault rule. If your contributory fault is not more than 50% of the proximate cause of your injuries, your damages may be reduced according to your percentage of fault.
If your contributory fault is more than 50% of the proximate cause of your injuries, you are barred from recovering damages.
For example, if your damages were $100,000 and you were found 10% at fault, your recoverable damages would generally be reduced by 10%, resulting in $90,000.
Can I Recover Compensation If I Wasn’t Wearing a Helmet?
Illinois generally does not require motorcycle riders to wear helmets. However, insurance companies may still attempt to raise helmet use when disputing the nature or extent of certain injuries.
Whether helmet use is relevant to a particular claim depends on the injuries, circumstances of the crash, and applicable law. A rider should not assume that failing to wear a helmet prevents an injury claim.
What If the Driver Says They Didn’t See My Motorcycle?
A driver saying that he or she did not see a motorcycle does not by itself eliminate responsibility for a collision.
Drivers have duties to pay attention to surrounding traffic, obey traffic-control devices, yield when required, and operate their vehicles with reasonable care.
Determining fault requires examining the circumstances of the crash rather than simply accepting either driver’s version of events.
What If the Driver Who Hit Me Has No Insurance?
If the responsible driver is uninsured or does not have enough insurance to compensate you for your injuries, your own motorcycle or automobile insurance coverage may become important.
Depending on the policy and circumstances, uninsured motorist (UM) or underinsured motorist (UIM) coverage may provide another source of compensation.
These claims can involve additional insurance requirements and disputes, so the applicable policies should be reviewed carefully.
Should I Give the Insurance Company a Recorded Statement?
You should be cautious about giving a recorded statement to the other driver’s insurance company before understanding your rights.
Insurance adjusters may ask detailed questions about how the crash occurred, your speed, your motorcycle, protective equipment, prior medical conditions, and your injuries. Statements made early in the claim may later be used when evaluating or disputing liability and damages.
How Can a Champaign Motorcycle Accident Lawyer Help?
A motorcycle accident attorney can investigate the collision and handle communications with insurance companies while you focus on your medical treatment and recovery.
Depending on the case, Patel Law, PC can:
- Investigate how the collision occurred;
- Obtain police reports and other records;
- Locate and interview witnesses;
- Preserve photographs, video, and electronic evidence;
- Review applicable insurance policies;
- Collect medical records and bills;
- Document lost wages and other damages;
- Communicate and negotiate with insurance companies;
- Evaluate settlement offers; and
- File a lawsuit when appropriate.
How Long Do I Have to File a Motorcycle Accident Lawsuit in Illinois?
Illinois generally provides a two-year limitations period for actions seeking damages for personal injuries.
However, exceptions and different deadlines may apply depending on the circumstances and the parties involved. Claims involving governmental entities, minors, or other special circumstances may require additional analysis.
It is important to investigate a motorcycle crash promptly because surveillance footage, witness information, vehicle evidence, and other important evidence can disappear long before the legal deadline expires.
What If a Motorcycle Accident Causes a Death?
When a motorcycle crash results in death, the case may involve claims under the Illinois Wrongful Death Act and Survival Act.
These claims can involve compensation for losses suffered by eligible surviving family members as well as certain claims that belonged to the deceased person before death. Wrongful death cases also involve estate and procedural requirements that differ from an ordinary personal injury claim.
Champaign Motorcycle Accident FAQs
Do I need a lawyer after a motorcycle accident?
You are not required to hire an attorney for every motorcycle accident. However, legal representation may be particularly helpful when injuries are serious, liability is disputed, multiple parties are involved, or an insurance company disputes the value of the claim.
Can I recover compensation if the driver claims I was speeding?
Potentially. An allegation that you were speeding does not automatically determine fault. The available evidence must be evaluated to determine whether either party violated a legal duty and whether that conduct contributed to the collision.
Does Illinois require motorcycle helmets?
Illinois generally does not require motorcycle operators or passengers to wear helmets. Riders are subject to other equipment and safety requirements under Illinois law.
What happens if a car turns left in front of my motorcycle?
Left-turn collisions are a common type of motorcycle crash. Determining liability may involve examining right-of-way rules, traffic signals, vehicle speeds, visibility, witness statements, video, and the positions of the vehicles before impact.
How much is my Champaign motorcycle accident case worth?
There is no fixed settlement amount. Case value may depend on liability, medical expenses, future treatment, lost income, permanent impairment, pain and suffering, available insurance coverage, and other evidence.
How much does it cost to speak with Patel Law about a motorcycle accident?
Patel Law, PC offers free initial consultations for personal injury matters. You can discuss the crash and your injuries and learn about your legal options before deciding how to proceed.
Why Choose Patel Law, PC for a Champaign Motorcycle Accident Case?
Patel Law, PC represents motorcycle accident victims throughout Champaign, Urbana, Champaign County, and Central Illinois.
Motorcycle cases can involve serious injuries, disputed liability, uninsured or underinsured drivers, significant medical expenses, and questions about future medical care and lost earning capacity. Our legal team can investigate the collision, preserve evidence, evaluate available insurance coverage, document your damages, and pursue compensation available under Illinois law.
Talk to a Champaign Motorcycle Accident Lawyer
If you were injured in a motorcycle crash in Champaign, Urbana, Champaign County, or elsewhere in Central Illinois, contact Patel Law, PC to discuss your case.
Call Patel Law, PC or contact us online to schedule a free consultation with a Champaign motorcycle accident lawyer.
