Motorcycle Accident

Palatine Motorcycle Accident Lawyer

Motorcycle accidents often lead to serious injuries, and in the worst cases, they can even lead to fatalities. As motorcyclists have minimal protection, even a low-speed crash can result in catastrophic injuries. The victims may also have to contend with the financial burden and emotional distress of being involved in a motorcycle accident.

At the Law Office of Jack M. Shapiro, P.C., we can help you with our legal guidance and support through this difficult time. We offer specialized legal services for motorcycle accident claims and lawsuits. You can work with our Palatine motorcycle accident attorney to seek maximum compensation for their injuries.

Motorcycle lying on the road and car standing with open door after a collision

Common Causes of Motorcycle Accidents in Illinois

A high number of motorcycle accidents in Illinois occur due to driver distraction or negligence. Even a few seconds of distraction are enough to cause a catastrophic accident. The most common driver distractions include using the phone, eating, drinking, engaging in conversations with passengers, and trying to grab something that is out of reach.

As motorcycles are smaller than the typical vehicle, they can be more challenging to see for motorists, especially if the motorcycle is in a vehicle’s blind spot. This can lead to motorcycle accidents during lane change maneuvers.

Illinois gets its fair share of snow that can cause the roads to become slippery. Motorcycles are not as stable as cars, and this can cause motorcyclists to lose control and crash on snow or icy roads. Other common causes of motorcycle crashes include inexperienced riders, driving under the influence of drugs or alcohol, and speeding.

Understanding Motorcycle Accident Laws in Illinois

The state of Illinois follows a modified negligence system for the recovery of damages in a motorcycle accident. This means that the injured party may only recover compensation if they are less than 50% at fault for the accident. The recovered amount may be reduced in proportion to their share of fault in the accident. For example, if someone was 20% at fault for the accident, they may only recover 80% of the damages.

Another important law for motorcycle accidents is the statute of limitations. Victims have a maximum limit of two years from the date of the accident to initiate legal action. If the statute of limitations has passed, then the victims will likely lose their rights to recover compensation.

All motorcycle accidents that result in death, injury, or property damage over $1500 must be reported to the Illinois Department of Transportation (IDOT) within 10 days. If any driver involved in the accident does not have insurance, then the threshold for reporting requirements is $500.

Establishing Liability in Motorcycle Accidents in Illinois

If a road user violates traffic rules, then they could be responsible for breaching their duty of care toward other road users. For the victim of a motorcycle accident to recover damages, they must establish liability. This usually requires the victim to prove that the defendant owed a duty of care toward them, and this duty was breached through negligence or wrongdoing resulting in injuries. Typically, establishing liability requires solid evidence such as eyewitness testimony, police reports, surveillance footage, and photos or video of the accident site. Medical records can also be used to establish liability for the accident.

Photo of car, helmet and motorcycle on road, the concept of road accidents.

Recoverable Damages in Motorcycle Accidents

Generally, the recoverable damages in a motorcycle accident include medical expenses, such as surgeries, ER visits, hospital stays, therapy, etc. You can also recover compensation for lost income and property damage. For non-economic damages, you may be able to recover compensation for pain and suffering, emotional distress, and mental anguish.

If the motorcycle accident resulted in a wrongful death, the surviving family member or a representative of the deceased’s estate can file a lawsuit to recover funeral costs, burial expenses, and financial support for the dependents of the deceased.

Each motorcycle accident case is unique, so you will have to consult an attorney to understand what damages you can recover in your case. You are welcome to discuss your case with our experienced motorcycle accident lawyer in Palatine at the Law Office of Jack M. Shapiro, P.C.

What to Do After a Motorcycle Accident in Illinois

If you get into a motorcycle accident in Illinois, your priority should be to check for injuries on you and others involved in the accident. If needed, you must not hesitate to call an ambulance. If you are in stable condition at the crash site, you can start gathering the available evidence such as the contact information of other parties involved in the accident and photos or videos of the accident site.

It is against the law to flee an accident, so you must remain at the scene until the police say that it is okay to do so and you have exchanged your contact information with other parties involved in the crash.

You must also notify your insurance company about the accident, and contact an attorney as soon as possible to understand your rights and responsibilities in the aftermath of the motorcycle accident.

Motorcycle Accident Prevention and Safety Tips

The most important motorcycle accident prevention tip is to ensure you obey the traffic rules. This includes avoiding driving practices such as speeding. It is always best to ride defensively to ensure you give yourself enough time to react to any situation on the road. You also need to wear protective gear, such as a helmet and motorcycle jacket. Keeping your motorcycle in good condition is also important as mechanical issues with the bike can lead to accidents.

The Benefits of Hiring The Law Office of Jack M. Shapiro

At the Law Office of Jack M. Shapiro, we have a thorough understanding of motorcycle accident laws in Illinois. We also have the skills and resources to navigate the complex legal processes of a motorcycle accident claim or lawsuit. Our team can handle all the legal aspects of your case, so you can focus on recovering from the accident. We believe in offering personalized attention to every case. Allow us to assess your case to guide you on your best legal options. Contact us today to schedule a free consultation.

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