Springfield Motorcycle Accident Attorney
Request a Free ConsultationIf you were injured in an accident while riding on a motorcycle, the insurance company responsible for paying for personal injury damages will not be interested in paying full and fair compensation for your medical care, lost earnings, and pain and suffering. Their interests lie in protecting their bottom line — yes, even your own insurance company if you need to file a claim against your own UIM policy. Motorcycle accidents often lead to significant injuries and property damage expenses. Unfortunately, motorcyclists cannot struggle to recover the compensation they need from an at-fault party. At Holley, Rosen & Beard, LLC, we are here to help if you need a Springfield motorcycle accident attorney by your side.
We will aggressively pursue the full and fair compensation you are entitled to for medical treatment, lost earnings, pain and suffering, and punitive damages if the driver is found to be willfully and wantonly negligent.
Common Causes of Motorcycle Accidents
In Illinois, motorcycle accidents continue to be a concern. They have increased by 8.7% in the state since 2020, and that means more people are suffering injuries and serious losses due to the actions of others. Some of the most common causes of motorcycle accidents include:
- Speeding: Drivers who are operating their vehicle at a rate of speed higher than posted limits put others at risk, including motorcycle riders.
- Lane splitting: Lane splitting occurs when a motorcycle rider drives between two vehicles sitting next to each other at a light, for example, to pass them.
- Distracted driving: A driver who is not paying attention to the roadway is not likely to see the smaller motorcycle, especially in intersections.
- Weather and road conditions: Poorly maintained roads and slippery conditions can make motorcycle accidents more likely to occur.
- Unsafe lane changes: Drivers who fail to signal or yield the right of way to drivers changing lanes can cause motorcycle accidents.
Like any type of accident, motorcycle accidents are often preventable. No matter the cause or who is responsible, seek out the help of a Springfield motorcycle accident attorney to guide you.
Compensation Available for a Springfield Motorcycle Accident Claim
Motorcycle accident victims in the Springfield and Central Illinois areas may be able to recover various types of compensation for their losses. At Holley, Rosen & Beard, LLC, we have a track record of success in recovering economic and non-economic damages on behalf of motor vehicle accident clients.
Economic damages after a motorcycle accident include calculable expenses individuals are likely to endure. These types of losses include all emergency medical expenses, follow-up hospital and doctor visits, property damage expenses, lost wages, household out-of-pocket expenses, and more.
Non-economic damages after a motorcycle accident include the types of losses that are not as easily calculable. There are various legally accepted non-economic damage calculation methods that we can use, and these types of losses revolve around what many consider to be “pain and suffering damages.” Specifically, we seek to recover compensation for a person’s physical pain and suffering and emotional and psychological distress caused by the incident, along with any loss of quality of life the person endures.
There is no set amount of compensation paid to motorcycle accident victims in Illinois. However, various factors will be taken into account that can affect an insurance settlement or personal injury jury verdict. These factors include the nature and severity of the injury, how long it takes a motorcyclist to recover, whether or not there was any shared fault, the level of property damage, and more.
How Long Do You Have to File Your Claim?
Motorcycle accident victims in Springfield and throughout Illinois have a limited amount of time to file these claims in civil court. The personal injury statute of limitations for this state is two years from the date an injury occurs. Motorcycle crash victims have a two-year window with which to file a lawsuit against the alleged negligent party, or they will forfeit the right to recover compensation for their losses.
We also encourage you to keep insurance carrier deadlines in mind, as these are much shorter than the overall personal injury statute of limitations.
Determining Liability After a Motorcycle Accident
Determining liability after a motorcycle accident is perhaps the most crucial step toward recovering compensation. It is important to gather as much evidence as possible in the immediate aftermath as well as in the days and weeks that followed the incident in order to get clients the best possible chance of recovering money for their losses.
At Holley, Rosen & Beard, LLC, our Springfield motorcycle accident attorneys have extensive resources we can use to conduct a complete investigation into the incident. This not only includes recovering photographs and surveillance footage but also includes speaking to eyewitnesses, obtaining police reports, and working with accident reconstruction experts, if necessary, to prove what happened. Our goal is to show that the at-fault party failed to uphold their duty of care and caused the motorcycle crash.
What Evidence Is Important for a Motorcycle Accident Case in Springfield?
In any type of accident like this, it is critical for your attorney to find as much information as possible about what happened. Because motorcycle riders are often faced with a stigma of driving recklessly, the more evidence you have to bolster your case, the better. This may include:
- Witness statements who say what occurred
- Photos and videos of the area and accident
- Driver medical records to determine if impairment was a factor
- Phone records to determine if the other driver was texting while driving
- Accident reconstruction resources to demonstrate what could have happened
- Mechanical insights if there was a mechanical failure that led to the accident
- Determination of road conditions in the area
Motorcycle accidents are not easy to prove, especially when it is one person’s statement versus another. Yet, as a victim of such an accident, it is critical that you take steps to build a strong case based on all evidence, not just what the police initially may have reported.
Don’t Talk To Anyone Until You Talk To Us. Know Your Rights.
Don’t sign anything, don’t give a recorded statement, and don’t cash a settlement check until you know your rights. We will answer your questions and give you an honest evaluation of your case. If you hire us to represent you, you will not pay attorneys’ fees.
How Long Do I Have to File a Motorcycle Accident Claim?
After a motorcycle accident, you may face a long road to recovery. Even though this may take some time to heal, you should not wait to contact an attorney and start the claim process. Under Illinois law, victims of car or motorcycle accidents have two years from the date of the accident to take legal action in court.
Keep in mind that this often takes significant time to process. Most often, our legal team will work to try to settle the case outside of court. If that fails, then we file a lawsuit. As long as it is within that time frame, the court will hear and decide on your case. It is never simple for such cases to occur, which is why we encourage you to reach out to our legal team now, even if you are not ready to settle your case just yet.
Our Springfield motorcycle accident lawyer may be able to extend your case if you were unable to file it due to a justifiable reason, such as being incapacitated for some time.
Experienced Central Illinois Injury Attorney For Motorcycle Accident Claims
Our lawyers advise and represent clients in communities throughout central Illinois. Contact us to arrange a free initial consultation with an experienced Springfield motorcycle accident attorney at our firm today: (217) 632-8131 or (877) 671-5884.