If you’re traversing through Chicago on a motorcycle, then your risks of experiencing an accident are already significant according to the National Highway Traffic Safety Administration. Around 61% of fatal motorcycle accidents happen in urban areas, so you need to do your best to remain as vigilant as possible while riding.
If you do experience a crash, then don’t hesitate to seek out medical attention right away. Once you’re in recovery, talk to a Chicago motorcycle accident attorney about your options.
Here at DJC Law, our team’s 30+ years of experience and 99% successful case win-rate are sure to provide a massive advantage to you as you prepare your motorcycle accident claim. Our team knows exactly what it takes to win a case, and we’re ready to help you build up the strongest possible motorcycle claim now.
Hiring an attorney isn’t a requirement for seeking out a claim for compensation, but the entire burden of filing and proving what happened rests with motorcycle accident victims in Chicago. A claim can help you get the financial compensation you need to move forward, but you may need an attorney’s help to get you there. The good news is that many personal injury firms, including ours, work on a contingency fee basis, meaning you don’t have to worry about paying us until you get your settlement check.
Learn more about motorcycle accidents in Chicago, the process of filing a legal claim, and how our law firm can help you below.
The Reality of Motorcycle Accidents in Chicago
Recent statistical analysis from the Illinois Department of Transportation revealed that motorcycle collisions accounted for 13% of all motor vehicle fatalities in Illinois throughout 2021. On top of that, motorcycle collisions increased by a rate of 8.7% from 2017-2020 when compared to the four-year average between 2014-2017.
The main reason motorcyclists face a greater safety risk is because they lack the same protective measures that a traditional car has. In the event of an accident, the rider isn’t belted to the bike. They often get thrown onto the road.
Considering these facts, it’s important to spread awareness about the best driving practices for both bikers and motor vehicle operators. In Chicago, motorcyclists aren’t required to wear a helmet, but they do have to obey all the same traffic laws as other motorists. Lane splitting is illegal, and bikers should never attempt to perform tricks on a public road with other motor vehicles on the road. Cars should always give motorcyclists their rightful right of way on the road.
What are The Statistics For Chicago Motorcycle Accidents?
Common Causes of Motorcycle Accidents
Every motorcycle accident is unique, so the circumstances surrounding the crash need to be carefully examined before deciding on what caused the collision. Identifying what caused your crash is a critical step in the process of pursuing compensation, since it will determine who or what should be held legally liable for your losses.
Sadly, a large number of motorcycle accidents only involve one driver. In one recent incident, a 56-year-old biker was fatally wounded after leaving the roadway and striking a tree. Investigators determined that the driver simply didn’t navigate the curve correctly, causing the fatal collision. This type of crash shows just how inherently dangerous biking can be in Chicago.
1. Driver Negligence
When multiple motorists are involved, driver negligence tops the list when it comes to common causes of motorcycle accidents. A driver’s negligence can happen when either the biker or other drivers commit driving behaviors like:
• Distracted driving
• Texting
• Operating navigation systems while driving
• Speeding
• Driving under the influence of alcohol or drugs
• Failure to obey traffic signals
• Failure to yield the right of way
Many motorcycle accidents involving passenger vehicles result in substantial losses for the biker. The main reason for this is because cars are bigger and heavier, while motorcycle risk factors include the bike being smaller and the biker having a great chance of getting ejected in a crash.
In one recent incident, a 19-year-old biker decided to run a red light. Tragically, he smashed directly into a red car at around 2 A.M. on West Irving Park Road and suffered fatal injuries after being thrown off his motorcycle.
2. Road Conditions
Another common cause of Chicago motorcycle accidents is adverse road conditions. Motorcyclists are more vulnerable to poor road conditions like potholes, loose gravel, and uneven surfaces. With the right maintenance, roadways are safer for bikers.
In another recent incident, a motorcycle was attempting to get around traffic at a construction zone on Interstate 55. Sadly, the biker struck a barrier, causing him to be ejected and face life-threatening injuries.
If you think poor road conditions contributed to your accident, then hire an experienced motorcycle accident attorney to help. It won’t be easy to go up against government agencies responsible for road upkeep.
3. Weather Conditions
A Chicago motorcycle collision can also be caused by bad weather. Rain, ice, snow, and fog can all contribute to a motorcycle crash due to reduced visibility and slippery road surfaces.
4. Mechanical Failures
When motor vehicles do not act as intended or expected, it leads to a loss of control and typically a collision. The most common types of mechanical failures include faulty brakes and engine failures. Part manufacturers have a legal duty to provide for the care and safety of customers who use their products as intended, so their company could be held liable for an accident involving a mechanical failure.
5. Other Factors
A motorcycle collision can also be caused by other factors, like aggressive driving or road rage. Inexperienced motorcyclists and drivers also contribute to accidents in the Chicago area. High levels of traffic also make collisions more likely.
Unfortunately, many motorists experience inattentional blindness, which ultimately leads to a motorcycle crash. Inattentional blindness happens when a motor vehicle ‘sees’ a motorcyclist traveling down the road but their brains do not register the biker as a ‘vehicle’. As a result of this miscalculation, the driver takes off and doesn’t give the proper right of way to the motorcyclists.
Consequences of Motorcycle Accidents
A serious motorcycle accident can leave accident victims struggling with not only physical injuries but a host of other losses. The consequences of most accidents are physical, mental, emotional, and financial.
If you’re struggling with the consequences of a crash and your losses are adding up, then consulting with local motorcycle accident lawyers can help you get a better idea of your legal options for recovery.
1. Physical Injuries
The number one consequence of an accident is the physical motorcycle accident injuries sustained in the crash.
What are the most common injuries in motorcycle accidents?
• Broken bones, strains, sprains
• Spinal cord injuries
• Road rash
• Whiplash
• Cuts, bruises
• Traumatic brain injuries
Common injuries may have a short recovery period, but serious injuries could lead to long-term health impacts and even disabilities.
Unfortunately, some physical injuries lead to fatalities. After fatal motorcycle accidents, the loved ones of the deceased can seek out a wrongful death claim to help cover their losses.
2. Emotional and Psychological Impact
Motorcycle accident victims can experience significant emotional and psychological stress as a result of the crash and their injuries. The crash itself could be traumatic, especially if someone witnessed motorcycle fatalities take place, or a victim suffers catastrophic injuries. This can lead to the development of PTSD, anxiety, or depression. In the coming years, the emotional and mental strain can have an overall negative impact on the person’s quality of life.
3. Financial Burden
A Chicago motorcycle accident that leads to injuries will immediately result in medical expenses. If you sustain severe injuries, then the financial burden of the original injury will only continue to compound. You may have ongoing treatment costs, lose the ability to return to work, suffer a loss of income, experience significant property damage to your bike, and possibly require long-term rehabilitation or therapy.
The Legal Process for Motorcycle Accident Victims
If you experienced a Chicago motorcycle accident that wasn’t your fault, then you might have the right to file a motorcycle accident claim. A personal injury claim can help an injured person receive the financial compensation they need to recover from their losses. In general, the legal process follows a basic structure. We’ll go over what to expect below.
1. Initial Consultation
The first thing Chicago motorcycle accident lawyers will do when you reach out to them about your crash is listen to you detail what’s happening. Here at DJC Law, we want to know what happened, who might have caused your collision, the extent of your losses, and the impact of your injuries on your overall quality of life. We’ll use all this information to help you determine your legal options.
2. Investigation
An experienced motorcycle accident lawyer will start to gather evidence next. The right attorney will want to view the police report regarding your crash, go over your medical records, look at photographs or video evidence of the accident scene, and read eyewitness statements. If you sustained a serious injury or experienced a complicated crash, then your attorney might want to consult with either medical experts or accident reconstruction specialists at this stage to build up a stronger case.
3. Filing a Claim
Once your Illinois motorcycle accident lawyers have enough evidence to prove what happened and who is responsible, they’ll officially file your claim. Illinois motorcycle laws give you up to two years from the date of your crash to file a lawsuit and serve the other party.
4. Insurance Claims
Once the other party receives your claim, they may immediately hand it over to their insurance provider. Most motorcycle accident claims are handled through an insurance company. You’ll likely get a call from an insurance adjuster who will want to know more about what happened, but an attorney can field these conversations if you’d prefer. Your lawyer will need to completely understand the other party’s insurance coverage terms and policy limits to fully advocate for you.
5. Litigation
The next step of your lawsuit will involve the discovery process. The other party will want to fully investigate your claims. They may want to conduct independent investigations, or they might attempt to estimate your losses based on different standards.
Our attorneys here at DJC Law will use our best negotiation tactics to work towards reaching an agreement during this stage by constructing the best possible case before we file it. If the other party simply won’t negotiate fairly, then we’ll start to prepare your case for trial.
6. Settlement Tactics
Personal injury cases are resolved either when both parties agree to a settlement outside of court or when a court orders a responsible party to pay a specific amount. To ensure you receive maximum compensation, you need a lawyer who will be adept at evaluating settlement offers, negotiating effectively, and tirelessly fighting for justice in your situation.
Types of Compensation Available
Chicago motorcycle accident victims who file a legal claim for compensation can seek two main forms of damages – compensatory and non-compensatory. Compensatory damages help restore the victim back to the financial position they were in prior the accident, whereas non-compensatory damages are meant to penalize the negligent party. To properly value your claim, it might be best to go over your specific losses with motorcycle accident attorneys in your local area, but we’ll go over some of the basic types of compensation available in personal injury claims below.
1. Economic Damages
The top type of compensatory damages you can seek out is economic damages. These are the actual financial expenses you incur due to the crash. Economic damages come in the form of current medical bills, estimated future medical costs, lost wages, a loss of earning capacity, property damage to your motorcycle, and potentially more depending on your specific circumstances. The best way to evaluate your economic damages, prove them through documentation, and value them appropriately is to consult with experienced motorcycle accident lawyers about your losses.
2. Non-Economic Damages
Financial expenses might not fully compensate you for all your losses. A motorcycle driver who experiences a traumatic crash is likely to experience a whole host of emotional and psychological losses. Most motorcycle accidents result in injuries that require a lengthy recovery period. Typically, the longer it takes for you to recover, the more substantial the non-economic impacts will be on your overall quality of life. Chicago personal injury lawyers can help you seek out compensation for damages like pain and suffering, emotional distress, and a loss of enjoyment of life.
In one particularly traumatizing case, a multi-car accident caused a biker to be thrown from his motorcycle into lanes of traffic. Unfortunately, a motorist was unable to stop in time and struck the victim as he came to a rest in the traffic lane. Another vehicle smashed into the motorcycle, causing that car to flip over. Witnessing this type of horrific crash is enough to traumatize anyone, especially if you were the driver who was unable to stop in enough time to avoid the motorcyclist.
3. Punitive Damages
Punitive damages are non-compensatory, meaning they’re mainly levied to punish the offender. They’re usually involved in motorcycle crashes and claims when:
• The motorcyclist was injured significantly
• The responsible party was grossly negligent
• The responsible party was willfully negligent or does not seem remorseful
• The responsible party is likely to cause further accidents
Punitive damages aren’t always awarded to the injured party, so if you plan on seeking out this type of compensation, then it’s critical that you seek out the help of a motorcycle accident lawyer. The right attorney can help you determine
Why Choose DJC Law for your Motorcycle Accident Case
Here at DJC Law, our team’s impressive past case results and overly positive testimonials from past clients are proof that our firm has what it takes to represent you. If you’ve experienced injuries as a result of negligent drivers in Chicago, then you can rely on our team’s specialized knowledge of state traffic laws and motorcycle regulations. We dedicate ourselves to each case we take on, and we strive to personalize our approach for each client we serve. If you’ve sustained life altering injuries, then seeking out timely representation is paramount.
Most Chicago motorcycle accident attorneys work on a contingency fee basis, so you don’t have to worry about paying for representation until after you receive a settlement award.
Preventing Motorcycle Accidents
Considering how vulnerable motorcycle riders are and how often collisions happen in Chicago, it’s always a good idea to be as vigilant as possible while riding. Assume that other cars are not paying attention. Do your best to wear safety gear, like a helmet. If necessary, then you may need to develop defensive driving habits, especially if you are riding around during high traffic times.
We can all do our part to advocate for better infrastructure for bikers throughout the whole city, including taking steps to repair and improve public roads. It’s also important to regularly maintain motorcycles and cars to ensure they perform optimally.
If you do experience a motorcycle accident in Chicago, then call the police for help and seek out medical care promptly. Once you’re safe, you can reach out to an attorney for your next steps.
Contact Us
Are you ready to talk to an experienced attorney? Call our Chicago branch now at (312) 442-5555 to schedule your free consultation. You can also talk one-on-one with a highly qualified motorcycle accident attorney by visiting our office in person at 140 S Dearborn St, Suite 1610.
Seeking Justice After a Chicago Motorcycle Crash
Experiencing a motorcycle collision is often traumatic for bikers, since they’re almost always thrown off their motorcycles and significantly injured. Even when you do your due diligence, wear the right safety gear, and take all the proper precautions, you can still get involved in a crash as a result of someone else's negligence.
If your losses are substantial, then don’t hesitate to reach out to a Chicago motorcycle accident lawyer about what happened. Here at DJC Law, our team’s 30+ years of experience gives us the foundation we need to diligently pursue justice in your situation. We know exactly what it takes to compile a solid, successful claim and present it in a way that maximizes your potential settlement award.
While hiring a lawyer isn’t necessary, the burden of proving all your losses does rest on your shoulders.
Let our team do the heavy legal lifting for you while you focus on what’s most important – healing from your injury. Contact our Chicago office now to schedule your free consultation and talk more about your motorcycle accident, losses, and potential claim.