The Champaign motorcycle accident lawyers at Rosenfeld Injury Lawyers have experience helping the motorcycle community seek compensation after significant injuries sustained in motorcycle accidents. Read on to learn more about the cases our team handles, how to file a claim, and how long you have to file a claim as a motorcycle rider.
Types of Cases Our Champaign Motorcycle Accident Attorneys Handle
Our team has experience working on a wide range of cases, including the following:
The Most Common Causes of Motorcycle Accidents
Motorcycle accidents happen for a wide variety of reasons since motorcycles are harder to drive than other vehicles. Here are some of the most common reasons for motorcycle accidents:
- Speeding
- Road hazards
- Lane splitting
- Collisions with motor vehicles
- Car doors
- Driving under the influence
- Debris on road
- Distracted driving
- Reckless driving
What to Do After a Motorcycle Accident in Champaign, IL
When you are involved in a motorcycle accident, there are a few things that you should do as soon as possible for a better outcome:
- Seek medical attention – After a motorcycle accident, the first thing that you should do is get medical attention. Make sure that everyone is taken care of so that everyone survives the accident.
- Call the police – The next step is to contact the police and have the accident investigated. The police report will be important later.
- Consult a Champaign motorcycle accident lawyer – While a lawsuit may be the last thing that you want to think about, it’s important that you address it quickly.
You Have Limited Time to File a Motorcycle Accident Claim
The statute of limitations for personal injury law in Chicago is two years from the date of the accident. This means that you have two years to file your case with the courts, or you lose the opportunity to do so. Two years may seem like a lot of time, but it can take a while to build your case. Give your lawyer as much time as possible.
Do You Have a Motorcycle Accident Injury Case?
If you are involved in a motorcycle accident, then you may be able to file a motorcycle accident case and recover compensation. Whether or not you have a viable case depends on several factors, and you should always consult with a motorcycle accident attorney before making any decisions.
Your case must show that the other party had a duty of care that they breached and that their breach caused the accident and the resulting damages. Put simply, your lawyer must prove that the other party is responsible and caused your damages.
Liability in Motorcycle Accident Cases in Champaign, IL
Motorcycle accident cases can be complex to unravel, but there are a few parties that can be liable. These include the following:
- Motorcycle riders
- Other drivers
- The government responsible for road conditions
- Motorcycle-parts manufacturers
In most cases, either the rider or the other driver is found at fault for the accident, making them liable for the damages. However, a motorcycle accident caused by bad road conditions can mean that the agency responsible for that stretch of road can be liable if there is negligence in maintaining the road.
Proving Fault in a Motorcycle Crash Case
Your motorcycle accident case revolves around proving fault, or who is responsible for the accident. Fault is determined by the evidence presented in the case and is the first step in winning it. Once your lawyer is able to prove that the other party is at fault, then they can focus on proving the connection to the damages that you suffered so that you can be compensated.
In Illinois, cases are determined using the comparative fault rules. That means that both parties can be at fault for an accident, and each party’s proportion of fault is factored into the settlement.
For example, you can be found 30% at fault for your accident while the other party is 70% at fault. That means that your compensation will be reduced by 30% at the end of the court case.
Under Illinois law, you must be less than 50% at fault for your accident to collect compensation. Otherwise, you can’t collect any compensation at all.
Financial Compensation an Experienced Motorcycle Accident Lawyer Can Help You Recover
There is no go-to settlement amount for a Champaign motorcycle accident case. The value of the settlement will depend on a number of factors, including the injuries involved, insurance coverage, and the specific case. Even two cases with similar circumstances can have different outcomes.
Rosenfeld Injury Lawyers has successfully recovered substantial amounts of financial compensation for victims. Some of our past cases have been settled for anywhere from $1 million to $18.5 million.
Factors That Affect Motorcycle Crash Settlement Amounts
While motorcycle safety lawyers cannot predict how much your case will settle for with 100% certainty, some factors are known to impact motorcycle crash settlements. One of the most critical is the extent of your injuries.
A case with catastrophic injuries or wrongful death will recover more compensation than a case with more recoverable injuries caused by a motorcycle crash, such as broken bones.
Another important factor is the extent of your losses. A case with higher medical bills will likely recover more than a similar case with fewer tangible financial losses.
Common Injuries Caused by Motorcycle Accidents
Motorcycle injuries tend to be more severe than other types of vehicle accidents. Some of the injuries that an accident victim can experience include the following:
- Brain injury
- Head injury
- Road rash
- Broken bones
- Neck injuries
Filing a Motorcycle Crash Claim With Rosenfeld Injury Lawyers
The process of filing a motorcycle crash claim with our team is relatively straightforward and simple. It all begins with a free consultation so that we can examine the specifics of your case.
From there, we start to build the case and handle any claim filings. We have to do this within a set period of time by law, so the sooner that you come to us for that consultation, the better.
We will help you negotiate a settlement with the other party’s legal team or insurance. This happens often in cases where the other party wants to keep the case out of the court system. We handle the negotiations to make sure that you get the compensation that you deserve.
In the end, we take a percentage of the compensation as payment so that you don’t have to pay anything upfront, and you are left with the compensation to help get your life back on track. If we don’t secure a settlement – you owe us nothing.
Damages a Champaign Motorcycle Accident Attorney Can Help You Recover
When we file a motorcycle accident case, the case is built of claims for damages and compensation. There are several types of claims that we can file. Here are some of the most common options in a motorcycle accident case.
Medical Expenses
Any medical costs that you have because of the accident can be claimed in the lawsuit, including emergency room fees and first responder bills. However, many people forget to include long-term care costs, such as physical rehabilitation, doctor visits, and specialized care after surgeries. All of these can be claimed if they are directly related to your injuries in the accident.
Lost Wages
Being out of work after motorcycle accidents is common, and it also means that you may not be collecting a paycheck. If you are not, then those lost wages can be claimed in the lawsuit. It will help you financially recover from missing work.
Property Damage
Aside from medical expenses, replacing damaged property is a big priority for motorcycle accident victims. Your motorcycle repair costs can be claimed, or the cost of replacing it entirely if the damage is too severe.
You can also claim any other property damaged in the accident, such as your helmet, clothes, and belongings. Riding gear is expensive, and claiming it in an accident can help you recover the cost of getting all-new riding gear. If you have anything on your person or stored in your motorcycle that is damaged, like a cell phone, it can be claimed as well.
How Long Does Settling a Motorcycle Accident Case Take?
Every case takes a different amount of time to settle, but motorcycle accidents usually take more than six months to resolve. Factors that can influence the length of the case include the following:
- Court schedules
- When you start your case with a lawyer
- Negotiations with other parties and insurance companies
- Accident investigations and reporting timelines
- Injuries from the accident that delay the start of the case
The Cost of Hiring Our Champaign Motorcycle Accident Law Firm
One of the biggest concerns that you probably have about hiring a Champaign motorcycle accident lawyer is the cost. At Rosenfeld Injury Lawyers, we work on contingency. That means that we don’t take any money upfront.
Instead, we take a percentage of the compensation that you are awarded at the end of the case as payment. That way, you only pay us if we win your case.
Contact a Champaign Motorcycle Accident Lawyer Today!
Motorcycle accidents can be hard to recover from, but you can contact a Champaign motorcycle accident lawyer from our team for legal help. Reach out to Rosenfeld Injury Lawyers for a free consultation to discuss your legal options by filling out our contact form or calling toll-free at (888) 424-5757.
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