Motorcycles are popular in DeKalb County and throughout the state. While most riders are able to enjoy their bikes without issue, others are not so fortunate and experience life-changing injuries due to the negligence and misconduct of other drivers. Motorcycles are inherently some of the most dangerous vehicles anyone can operate due to their lack of safety features and physical protection when an accident happens. Even the highest-quality helmets and safety gear can only mitigate injuries, not prevent them completely.
Legal Counsel for Motorcycle Accident Claims in DeKalb County
If you or a family member is recovering from injuries suffered in a motorcycle accident and you believe another driver is responsible for causing the accident, it’s vital to consult a personal injury attorney you can trust as soon as possible. Your recovery process is likely to entail an insurance claim against the at-fault driver followed by a personal injury claim if their insurance can’t fully cover your damages.
Franks Gerkin Ponitz Greeley is a team of DeKalb County attorneys with the skill and experience necessary to represent you in the toughest motorcycle accident claims. We know how devastating the injuries from any motorcycle accident can be and the many challenges a victim is likely to face as they attempt to recover their losses. If you are unsure how to recover from a motorcycle accident someone else caused, it is essential to have legal representation you can trust to help you understand your options for legal recourse.
Why Hire a DeKalb County Motorcycle Accident Attorney
Technically, it is possible to file an insurance claim against the driver who injured you without an attorney, and you may even secure what appears to be a favorable result. However, if an attorney helps you file your insurance claim, you are far more likely to secure the maximum possible payout from the defendant’s auto insurance policy. Additionally, your legal team will likely be able to identify further channels of recovery that you would have overlooked on your own.
If you must file a personal injury claim to ensure a full recovery, it may be possible to file this civil case without legal counsel but doing so involves many risks. For example, you could make unintentional procedural errors that an attorney could have avoided, or you might settle for far less than you legally deserve. Ultimately, hiring an experienced DeKalb County motorcycle accident attorney offers the best chance of maximizing your total recovery, even after accounting for the cost of hiring them.
Common Causes of a Motorcycle Crash
Motorcycle accidents happen for many of the same reasons as other motor vehicle accidents, such as distracted driving, driving under the influence, and speeding. However, motorcycles are especially vulnerable to these risk factors due to the fact that they are smaller and harder to see than other vehicles. Additionally, a motorcyclist has no physical protection from crash impact forces, unlike an enclosed passenger car that has various safety features designed to protect the driver and their passengers.
The first step in recovering from any motor vehicle accident is determining exactly how the accident occurred and who is responsible for causing it. For example, if a distracted driver hurt you, it is natural to wonder how you can prove they were not paying attention behind the wheel. Your DeKalb County motorcycle accident attorney can help you gather evidence and testimony to support your case, potentially revealing options for proving liability you hadn’t considered.
Once you have identified the party or parties responsible for causing your accident, the next step in your recovery efforts is proving the full scope of damages resulting from their actions. If the at-fault driver has appropriate insurance coverage, their policy may only offer a fraction of the total damages you incurred, and your attorney can streamline the insurance claim process substantially. However, when insurance isn’t enough to secure full repayment of your losses, the next phase of your recovery is likely to involve a civil suit against the at-fault driver.
What to Expect in the Insurance Claim Process
Every driver must have auto insurance that meets the state’s minimum coverage requirements. A minimum coverage policy must include at least $25,000 in bodily injury liability coverage per person in a single accident caused by the policyholder with at least $50,000 in total accident coverage. The policy must also include at least $20,000 in property damage liability coverage.
If the other driver is clearly at fault for your motorcycle accident, it is natural to assume that your insurance claim process should be painless and straightforward. Unfortunately, dealing with insurance claim adjusters is notoriously stressful, and most insurance companies look for all the reasons they can find to reduce a settlement offer or outright deny a claim for coverage. Some go so far as to engage in unethical tactics, operating in bad faith in the hopes that the claimant’s desperation will compel them to accept an unfair offer.
Having an experienced DeKalb County motorcycle accident attorney represent you in the insurance claim process is the best way to prevent such issues and preserve your ability to recover your losses. Your attorney can draft your demand letter, and once the insurance company recognizes that you have legal representation, they will be incentivized to process your claim in good faith as quickly as possible.
Filing Your Personal Injury Case
When an insurance claim cannot fully compensate for the losses an at-fault driver caused you to suffer in a motorcycle accident, a personal injury claim is your best option for recovering any outstanding damages. To succeed with your civil claim, you must prove the defendant was negligent or intentionally harmful in some way that directly caused your claimed damages. In addition, you must be prepared to show undeniable proof of that damage and a clear causal link between the defendant’s actions and your losses.
An experienced DeKalb County motorcycle accident attorney can help you build a stronger personal injury claim, gathering the evidence you could have overlooked and securing statements from eyewitnesses who saw your accident occur. In the event that you were so severely injured that you do not recall how your accident happened, or if you were hurt by a hit-and-run driver, your legal team will be essential for proving exactly how your accident happened and who is responsible for your losses.
If you can prove fault for your motorcycle accident, the defendant is liable for any losses you suffered because of their actions. However, you must bear the state’s negligence law in mind as you prepare to file your case. If you are partially responsible for causing the accident in any way, your recovery will be reduced in proportion to your level of fault. Under Illinois’ modified comparative negligence law, the plaintiff can bear up to 50% fault for a personal injury and still recover their losses. However, their fault percentage is how much of their case award they will lose to reflect their shared liability, and fault over 50% completely bars the plaintiff from claiming compensation from the defendant.
Compensation for a DeKalb County Personal Injury Claim
Your legal team will guide you through the process of building your personal injury claim and hold the at-fault driver accountable for the losses you suffered. State law permits the plaintiff to seek full repayment of all the economic losses the defendant caused them to suffer, such as medical expenses for treatment of their injuries, lost income from the time they were unable to work while they recovered, and property damage not covered by insurance. However, the plaintiff also has the right to seek compensation for the anticipated future losses resulting from the incident in question. These may include ongoing medical treatment costs and lost future earning capacity if you were injured so severely that you cannot work again in the future.
State law also allows a plaintiff to claim pain and suffering compensation that reflects the severity of their experience. Physical pain, emotional distress, and mental trauma may be abstract and hard to define in monetary terms, but an experienced DeKalb County motorcycle accident attorney can help you assess what level of compensation would suitably address the experience you endured. Illinois does not cap pain and suffering compensation in motorcycle accident claims, so it’s possible for this to form the bulk of your total case award.
Find a Motorcycle Accident Lawyer You Can Trust Today
Time is a crucial consideration for anyone thinking of seeking compensation for a vehicle accident another driver caused. You may only have a few days to notify an at-fault driver’s insurance carrier of your intent to file a claim, and failure to do so could preclude you from receiving an insurance claim payout. Illinois also upholds a two-year statute of limitations on personal injury cases, so you must file your civil suit against the at-fault driver within two years of the accident.
Franks Gerkin Ponitz Greeley can provide the compassionate and responsive legal counsel you need to face your motorcycle accident recovery efforts with confidence. Our team has extensive professional experience with a wide range of personal injury cases, including those generated by motorcycle accidents. We will take time to get to know you and your situation to determine your best options for recovery. Contact our team today and schedule your consultation with a DeKalb County motorcycle accident attorney.
