Motorcyclists arenāt protected by anything but a helmet and possibly leather gear. If other drivers are careless or intentionally aggressive, the consequences of a collision are often extremely serious or fatal.
If you or a loved one were injured in a motorcycle accident, the Chicago personal injury lawyers at Horwitz, Horwitz & Associates can help. Our firm has a long history of fighting for the injured and has secured over a billion dollars in injury settlements.
How much does it cost to hire a Chicago motorcycle accident lawyer?
We understand that the cost of hiring a lawyer may be a concern for motorcycle accident victims. Youāre already dealing with medical bills and other expenses related to the accident, so we want to make getting legal help for your motorcycle accident claim as stress-free as possible.
Thatās why we offer our personal injury services on a contingency fee basis. We donāt charge any upfront fees ā instead, we take a percentage of the settlement or award you receive. You donāt have to pay anything if we donāt win your case. Itās as simple as that.
What should I do after a motorcycle accident?
If youāve been in a crash, itās important to know what to do after a motorcycle accident. Taking precautionary steps will help you make an insurance claim or filing a lawsuit later with the help of a motorcycle crash attorney in Chicago.
1. Get to a safer location
If the accident occurs in traffic, move yourself and your motorcycle to the side of the road, if possible, to avoid further accidents and injuries.
2. Keep on your safety gear
Donāt remove your safety gear at the accident scene unless later instructed to by emergency medical personnel. Keeping on your gear may help prevent certain injuries from worsening.
3. Call 911 and ask for police and an ambulance
Call the authorities. You need to report the crash if you or the other driver experienced injuries or more than $1,500 of property damage, which is easy to do in the case of a motorcycle accident. The police will make a report of the accident, which may assist in an insurance claim or in filing a lawsuit later.
4. Tell your side of the story to the responding police officer
When speaking to the police, remain calm and respectful, and relate as much to the accidentās events as possible. However, you do not need to admit fault or speculate as to why the accident may have occurred.
5. Gather evidence at the scene
Document the scene. If possible, take photos of the accident, your injuries, and damage. Photos can help the courts and insurance companies make decisions later. Keep a copy of the police report and exchange contact information with any witnesses and the other driver.
6. Notify your insurance company
Report the accident to your insurance company as soon as possible. Most policies have a time limit for when you must report an accident. When making your report, donāt provide any information about the accident beyond the basics, such as the date, time, and location of the accident and the names of the involved parties, because anything you say may be used against you later.
7. Get checked out by a doctor, even if you feel fine
Some serious injuries, like internal bleeding, soft tissue damage, or whiplash, may not show symptoms right away. Visit your local Urgent Care or your primary care doctor as soon as possible, even if you feel okay.
Immediate medical care helps protect your health, but it also strengthens your motorcycle accident claim. Your medical records will show the extent of your injuries and connect them directly to the crash, which insurance companies often try to dispute.
Save all documentation, including doctorās notes, diagnoses, and follow-up care instructions.
8. Meet with a Chicago motorcycle accident attorney to understand your legal options
If your accident occurred due to another driverās negligence, if you were seriously injured, or if the other driver didnāt carry insurance, you will likely benefit from speaking with a Chicago personal injury attorney regarding a personal injury claim against the other driver.
What kinds of damages can I claim in a motorcycle accident?
The primary purpose of filing a personal injury claim is to receive compensation for your losses due to the accident. These losses, formally known as damages, are divided into economic and non-economic damages.
Economic damages
Economic damages refer to any financial losses youāve suffered from the accident. Theyāre tangible, easy-to-calculate losses, such as medical treatment expenses, lost wages due to being unable to work, and motorcycle repair or replacement costs.
Non-economic damages
Intangible losses that canāt be easily assigned a dollar value are known as non-economic damages. These include physical pain, emotional suffering, lost enjoyment of life, loss of consortium (loss of companionship and relations), and scarring or disfigurement.
Whoās liable for my injury?
Your personal injury claim is usually filed against the at-fault driver, but other parties may be liable for your injuries. For example, if the at-fault driver worked for an employer during the accident, the employer may be liable in certain circumstances.
Additionally, if a defective part on your motorcycle caused the accident, the manufacturer may be liable for your damages. If the accident was caused by dangerous road conditions, poor signage, or inadequate lighting, the municipality responsible for maintaining the roadway may be liable for your damages.
How do you prove negligence?
To recover compensation, you must be able to prove that the at-fault party was negligent. Negligence occurs when someone fails to exercise reasonable care, which results in harm to another person.
When proving negligence, your attorney must be able to answer three specific questions:
- Did the at-fault party owe you a duty of care?
- Did they breach that duty of care through their actions or lack of action?
- Did their breach cause the accident?
- Did you suffer injuries in the accident due to their breach of duty?
Our motorcycle accident attorneys in Chicago will investigate your case, gather evidence, and interview witnesses to satisfy the above requirements and prove negligence. We may also use expert witnesses to testify on your behalf when necessary.
How long do I have to file a claim?
In Illinois, you have two years from the accident date to file a personal injury claim. This deadline is known as the statute of limitations. Once this deadline has passed, youāll no longer be able to file a claim.
This rule has some exceptions, but itās best to avoid assuming any exception applies in your case and to contact a motorcycle accident attorney in Chicago as soon as possible.
We fight the insurance company to get you the maximum compensation
Most motorcycle accident claims are filed against the at-fault driverās insurance company. While insurance companies have a duty to provide fair compensation to accident victims, theyāre also making profits. For this reason, insurance companies will often try to minimize the amount they have to pay out.
Thatās where we come in. Our motorcycle accident lawyers in Chicago are experienced negotiators who know how to fight insurance companies and get you the compensation you deserve. Weāll stop at nothing to advocate for fair compensation, and if the insurance company is unwilling to offer a fair settlement, we wonāt hesitate to bring your case to trial.
Motorcycle accidents are more frequent and more dangerous
Although motorcycles make up only 3% of all registered vehicles and just 0.6% of total vehicle miles traveled in the U.S., motorcyclists accounted for 15.5% of all traffic fatalities and 3.4% of all injuries in 2023. Fatalities rose by 1% from 2022 to 2023, but the fatality rate jumped 19% due to a sharp drop in miles traveled. Over the last decade, motorcycle deaths have increased 38%, with fatality rates up 36%, driven in part by inconsistent helmet use.
Given the growing frequency and severity of motorcycle accidents, itās essential to have representation from a skilled Chicago, IL motorcycle accident attorney who understands the unique nuances of this type of accident. Motorcyclists are disproportionately blamed for accidents, even when theyāre not at fault, and having an experienced attorney on your side can make all the difference in the outcome of your case.
What are common motorcycle accident injuries?
Injuries resulting from motorcycle accidents are often more severe than those from other types of accidents. Motorcyclists lack the protection of airbags and seat belts provided by other motor vehicles, so theyāre more susceptible to life-altering injuries. Common injuries include:
- Traumatic brain injuries
- Spinal cord damage
- Broken bones
- Cuts and lacerations
- Friction burns and skin abrasions
- Whiplash
- Internal organ damage
- Soft tissue injuries
- Paralysis
- Amputation
Not all motorcycle accident injuries can be seen. Chronic pain, post-traumatic stress disorder (PTSD), anxiety, and depression are also common among those involved in motorcycle accidents.
What are the ādosā and ādonātsā of dealing with insurance after a crash?
Anything you say to the insurance company can be used against you, so knowing your rights and responsibilities is important before speaking with an adjuster.
Do:
- Talk to an attorney before speaking to the insurance company
- Keep all copies of documents and correspondence related to the accident
- Provide only factual information and avoid making assumptions
Donāt:
- Sign any document without first consulting an attorney
- Accept a settlement offer before talking to an attorney
- Admit any fault or make assumptions about liability
- Provide a recorded statement without consulting an attorney
- Wait too long to file a claim ā itās important to act quickly!
When in doubt, consult a lawyer. An experienced Chicago motorcycle accident attorney is here to help you navigate the insurance process and prevent the insurance company from taking advantage of you.
Why work with the Chicago motorcycle accident attorneys at Horwitz, Horwitz & Associates?
When youāve been injured in a motorcycle crash, you need a law firm that doesnāt back down from a fight. At Horwitz, Horwitz & Associates, weāve spent the last 100 years doing exactly that ā standing up for injured workers, laborers, and everyday people across Illinois who were hurt through no fault of their own.
We know how hard you work. We know what it means when someone elseās carelessness threatens your health, your income, or your familyās future. Our team has decades of experience handling complex injury claims, and weāre proud to be the kind of motorcycle accident lawyer Chicago victims turn to when the stakes are high.
Hereās why injured riders across Chicago trust Horwitz, Horwitz & Associates:
- 100 years of fighting for workers and families: Since 1924, our firm has never represented corporations, insurance companies, or big business, only people. Our attorneys are known statewide for winning record-setting jury verdicts and overturning lowball settlement offers.
- We donāt take āno caseā for an answer: Many of our clients came to us after being turned away by other law firms. Weāve recovered millions for workers who were told they had no case, or that their injuries werenāt worth pursuing.
- We know motorcycle accident law inside and out: From severe orthopedic injuries to catastrophic brain trauma, our team understands the medical, legal, and financial impact these crashes have and how to prove it in court.
- You donāt pay unless we win: We offer a free consultation, and you wonāt pay a dime unless we recover compensation for you. Period.
Frequently asked questions about motorcycle crashes
Where do most motorcycle accidents occur?
Motorcycle crashes often happen at intersections, where visibility is lower and drivers may misjudge a riderās speed. In urban areas like Chicago, high-traffic roads and multi-lane intersections are especially dangerous. Left-turn collisions and lane-change crashes are common causes.
What are the riskiest motorcycle maneuvers?
Some of the most dangerous maneuvers include lane splitting, sharp cornering at high speeds, and sudden swerving to avoid road hazards. However, many crashes happen when a rider is doing everything right. Itās often inattentive or careless drivers who cause the collision.
Do I still have a case if I wasnāt wearing a helmet?
Yes. Illinois law does not require adult riders to wear helmets, and not wearing one does not automatically prevent you from recovering damages. However, insurance companies may argue that your injuries were worse because of it, so itās important to work with a skilled attorney who can push back on these tactics.
Can I still recover compensation if I was partially at fault?
Yes. Illinois follows a modified comparative negligence rule. As long as you were less than 51% at fault, you can still recover compensation, but your damages may be reduced by your percentage of fault. A Chicago motorcycle accident lawyer can help determine liability and fight for your fair share.
How much is my motorcycle accident case worth?
Every case is different. Your settlement may depend on the severity of your injuries, your medical costs, lost wages, how the crash affects your daily life, and whether fault is disputed. A motorcycle accident attorney can help estimate your case value after reviewing your medical records, police reports, and other evidence.
Trusted motorcycle accident attorneys in Chicago ā Horwitz, Horwitz & Associates
If youāre looking for a trusted Chicago motorcycle accident lawyer, Horwitz, Horwitz & Associates has the resources to undertake every task necessary to build a compelling case on your behalf.
You wonāt be asked to pay until we have achieved a settlement or verdict in your favor. Call (800) 985-1819 or contact us online for a free consultation. Weāre here to fight for you and your family.
