Legal Considerations After a Motorcycle Accident

Motorcycle accidents usually lead to catastrophic injuries or expensive damages. Dealing with the consequences can feel strenuous, particularly when medical bills and insurance claims pile up amidst limited income.

Fortunately, if you have the right information and are well prepared, it can be easy to protect your rights and avoid costly mistakes. Working with a personal injury lawyer may also boost your chances of receiving fair compensation.

If you have been involved in a motorcycle accident in Illinois, here are some key legal considerations.

Seek Medical Treatment Immediately

After an accident, it is advisable to see a doctor immediately, despite feeling fine. Internal bleeding or concussions might be asymptomatic and may only manifest later on. Delaying treatment may lead to more severe injuries.

At the hospital, a doctor will treat and record each injury you sustained. The report and diagnosis will play a crucial role in determining the impact of the accident and strengthening your claim.

Ensure that you complete all prescribed treatment and follow-up visits. Failure to do so can weaken your case since the insurer can argue that your injuries were not that serious or did not relate to the accident.

Understanding Illinois’ Comparative Fault Rules

Illinois applies a modified comparative negligence system to motorcycle crashes. That means if you bear partial fault for an accident, your compensation could be reduced based on your percentage of fault.

For instance, individuals found 20 percent at fault and awarded $75,000 in damages, can only collect $60,000 in damages. However, if you are over 50 percent responsible, you will not be eligible for compensation under Illinois law. 

Correctly identifying faults usually involves looking at evidence, including police reports or eyewitness statements. In such incidents, the insurance company might try to blame you more to minimize payouts.

Collect and Preserve Evidence from the Scene

After an accident, evidence is critical. Photos of damage to vehicles, skid marks, road conditions, and even visible injuries can later clarify what happened.

Eyewitness information is equally relevant. Get the names and contact details of those present who saw the crash. This testimony can strengthen your case if the fault is disputed later. 

If law enforcement is called, get a copy of the report. This document contains many valuable observations and statements that support your claim.

Get a Competent Attorney

A motorcycle lawsuit can quickly become very complex. A local motorcycle accident lawyer knows Illinois law, insurance practices, and courtroom procedure to represent your case accordingly. 

Attorneys can negotiate for their clients with insurance companies. Without a lawyer, people tend to be pressed into accepting an offer that can barely cover half of the overall expenses or damages resulting from the accident.

Many personal injury attorneys work on a contingency basis, so you pay nothing unless they win your case. This eliminates upfront charges, giving you the opportunity to seek legal representation to secure fair compensation for your injuries.

Know the Statute of Limitations

Illinois gives victims of motorcycle accidents a two-year period from the day of the accident to file a case. Forgetting this date usually means losing your right to sue, even if your claim is valid.

Certain situations, like government lawsuit cases, have reduced timeframes or unique proceedings. The sooner you act, the less likely you are to miss key deadlines or judicial processes.

Even in settlement negotiations, do not ignore the statute of limitations. Waiting for too long before filing your case can also lead to evidence disappearing or witnesses becoming harder to locate, weakening your case overall.

Wrapping Up

Every decision you make after a motorcycle crash can make or break your case. One delayed deadline or botched negotiation may result in you receiving less money than you deserve.

One of the most helpful things to do when medical bill anxiety and lost wages appear insurmountable is to consult with an attorney. An attorney can guide you through most of the obstacles and keep you on track for fair compensation.