Motorcycle accidents are some of the most devastating cases I handle. The injuries are almost always serious — road rash, broken bones, head injuries, and sometimes fatalities. But what makes these cases especially frustrating is the bias that motorcyclists face from insurance companies and, frankly, from some jurors.
There's this assumption out there that if you ride a motorcycle, you're a risk-taker. You're reckless. You were probably speeding or weaving through traffic. Insurance adjusters lean into that bias hard. I've seen adjusters try to reduce a settlement offer specifically because my client was on a motorcycle, even when the other driver was 100 percent at fault. That's why you need a lawyer who understands how to counter that narrative.
In Illinois, motorcycle riders have the same rights as any other driver on the road. Period. If a car turns left in front of you, rear-ends you, or changes lanes without looking, that driver is at fault regardless of whether you were on a motorcycle or in an SUV. But proving fault and getting fair compensation are two different things, especially when the insurance company is playing the 'motorcycle bias' card.
Here's another thing most people don't realize: motorcycle accident injuries tend to be much more expensive to treat. A car accident victim might walk away with whiplash and some physical therapy bills. A motorcycle accident victim might need emergency surgery, a week in the ICU, skin grafts, and months of rehabilitation. The medical bills can easily reach six or seven figures. If you don't have a lawyer who knows how to document and present those damages, the insurance company will try to lowball you.
I also handle a lot of motorcycle cases where the at-fault driver's insurance policy isn't enough to cover the full damages. That's when we look at underinsured motorist (UIM) coverage on your own motorcycle policy. A lot of riders don't realize they have this coverage, or they don't know how to access it. We do.
If you've been in a motorcycle accident in Illinois, don't let the insurance company treat you like a second-class citizen because you ride. Call us at 312-500-4500. We'll fight for every dollar you're owed.
There are times when you, unfortunately, will not be eligible to claim compensation in the aftermath of a motorcycle accident. If you were the one who 100 percent caused the crash, for example, compensation might not be in the cards for you.
But even if you were ultimately to blame for the crash, you could still be entitled to collect a small settlement that you can use towards repairing your motorcycle and taking care of any injuries you sustained.
If you attempt to figure out how much compensation you're owed on your own or, worse, if you attempt to negotiate a settlement with your insurance company without a motorcycle attorney, you could end up accepting way less than you deserve.
A good attorney can let you know if you qualify for compensation and help you get the most money possible from an insurance company.
If a motorcycle attorney determines that you are, in fact, eligible to some kind of compensation following a motorcycle crash, they'll explain how you need to go about filing a legal claim.
In some instances, it's as simple as negotiating a fair settlement with an insurance company. In others, it could require you to go to court to get a settlement you're happy with.
Regardless, an attorney can break down the process you'll need to go through to collect compensation. This will prove to be very important once the process actually begins.
The average person doesn't know the first thing about filing a legal claim and attempting to collect compensation after a motorcycle crash.
Therefore, people usually have tons of questions that they want to ask about how it all works. When you bring a reputable motorcycle attorney on board and ask for their help, they'll be able to answer all those questions quickly.
It'll be nice to have an attorney in your corner you can trust. It'll put your mind at ease whenever you're confused about something that's happening.
After you've agreed to work with a motorcycle attorney, they'll take the time to gather all the facts surrounding your specific case.
They'll pull police reports and read through them to see what took place during your accident. They'll contact insurance companies to get a read on what they're thinking with regards to your crash. They'll even evaluate your medical situation and see what kind of bills you could be facing down the line due to the injuries you sustained.
Good attorneys know how to gather facts and use them to their benefit. Your lawyer will be able to make a strong case for you once all the facts are in place.
Before they take any official legal action on your behalf, your motorcycle attorney will reach out to your insurance company to see if they can negotiate a settlement related to your case.
At this point, if you're entitled to compensation, your insurance company has probably already reached out to you to try and work out a settlement deal. The insurance company's adjuster has likely tried to give you a lowball offer to keep you happy.
Assuming you haven't accepted that offer, your attorney can push for your insurance company to give you more money. They can use the facts they've gathered to show your insurance company why you deserve more money than they're offering.
Negotiating with an insurance company can be very challenging, even for the best attorneys. It's best for you to leave it to the professionals rather than trying to do it on your own.
More often than not, a motorcycle attorney can negotiate with your insurance company and come to terms on a settlement. It'll help you avoid having to take your case to court.
But in the event that your attorney can't strike a deal, they'll be able to handle filing a personal injury lawsuit for you. They'll also be able to explain why filing a lawsuit is in your best interest based on the facts surrounding your case.
Filing a lawsuit and going to court could obviously complicate your life and cost you money in the process. But if it ends up getting you a significantly larger settlement in the end, it'll be worth it.
Outside of helping you to file a lawsuit following your motorcycle accident, a motorcycle attorney can also stand by your side and represent you in court. They'll present a case for you, argue the facts about the case, and try to show a judge or jury that you deserve more than what your insurance company initially offered you.
You should never attempt to represent yourself in court if you don't have any experience doing it. The opposition will likely wipe the floor with you and make it difficult for you to collect money you might actually deserve.
By bringing an attorney in, you'll significantly increase your chances of winning your case. You'll also rest easier at night knowing that you don't have to figure out a way to launch a legal attack without any law experience.
One of the biggest challenges you'll face in court is the misperception that many people have when it comes to motorcycle riders.
Most people are under the assumption that any accident involving a motorcycle rider is the motorcycle rider's fault. People wrongfully assume that motorcycle riders are all irresponsible and drive recklessly when they're out on the road.
You obviously know that this isn't true. But it's easy for lawyers to convince judges and juries otherwise. It's not uncommon for the perception of motorcycle riders to hurt them in court.
A good attorney can shoot down any misconceptions about motorcycle riders in court and show a jury that you're a responsible rider. They'll use things like your experience level and your expertise to show that you shouldn't be blamed for the crash that occurred.
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Motorcycle accident cases have unique challenges. Juries and insurance adjusters often carry unconscious bias against motorcyclists — assuming they were riding recklessly regardless of the facts. Insurance companies exploit this. An experienced motorcycle accident attorney anticipates that bias, builds evidence that counters it, and frames the case from the start around the car driver's fault. I've handled motorcycle cases for almost 30 years and know exactly how to neutralize the prejudice that hurts these clients.
Drivers failing to see motorcyclists — particularly at intersections and during lane changes — is the leading cause. Left-turn accidents, where a car turns left in front of an oncoming motorcycle, are extremely common and almost always the car driver's fault. Dooring accidents in Chicago are frequent. Road hazards like potholes and uneven pavement cause crashes that would not affect a car. Rear-end collisions are dangerous for motorcyclists in ways they aren't for car occupants. Each cause has different liability theories and evidence requirements.
All economic damages — medical bills, future medical costs including rehabilitation and prosthetics, lost wages, and future earning capacity — plus non-economic damages including pain and suffering, disfigurement, and loss of normal life. Motorcycle accidents frequently cause catastrophic injuries — road rash requiring skin grafts, orthopedic fractures, traumatic brain injuries, and limb loss. Illinois does not cap non-economic damages in personal injury cases, which is critical for the serious injuries motorcyclists often sustain.
No. Illinois's modified comparative fault rule allows you to recover as long as you are less than 51% at fault. Even if you were somewhat over the speed limit, if the other driver failed to yield or made an unsafe lane change, they may still bear the majority of fault. The question is not whether you did anything wrong, but what percentage of fault is fairly allocated. I challenge unfair fault assignments with accident reconstruction, traffic analysis, and witness testimony. Call 312-500-4500.
Would you like to know more about why hire motorcycle accident attorney?
If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 312-500-4500
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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