5 Reasons You Should Hire a Motorcycle Accident Lawyer in Bloomington, Illinois

Why Should You Hire a Motorcycle Accident Lawyer in Bloomington, Illinois?

Motorcycle crashes are one of the most serious traffic accidents. These crashes often result in catastrophic injuries, permanent disabilities, and fatalities. In 2022, motorcycle accidents caused 2,395 injuries and 149 fatalities in Illinois.

People involved in motorcycle accidents need to know their rights and what to do to get the compensation they need to cover the cost of their treatment, lost earnings, out-of-pocket expenses, and other losses related to the accident. That’s where an experienced motorcycle accident lawyer comes into play. You can count on the lawyer to do the following for you:

Protect Your Rights

Insurance companies may view motorcyclists as risk-takers and careless. They also may think motorcyclists are either unaware or unconcerned with existing traffic laws. The at-fault person’s insurance company may use this prejudiced opinion to offer a lower settlement or deny claims. A skilled lawyer can help safeguard your rights when dealing with such an insurer.

Besides holding a biased opinion, insurance companies constantly seek reasons to defend a lowball settlement or denial decision. They may, for instance, trick you into recording statements that can hurt your claim.

Your lawyer will prepare you for an interview with an insurance company adjuster, if necessary. Otherwise, lawyers often handle all communications with insurers and their adjusters themselves.

Offer Legal Support and Guidance

Motorcycle accidents are different from car crashes. Unique laws, including wearing protective clothing and straight-on-red law, apply to motorcycles. A seasoned motorcycle accident lawyer understands Illinois motorcycle accident laws and can determine those relevant to your situation.

The lawyer will meticulously analyze your case, determine if you qualify to pursue compensation, and guide you on the next steps. He or she will ensure you have complied with all the deadlines, including filing an insurance claim or lawsuit, submitting required paperwork and briefs, and serving court documents on the defendant.

The lawyer will help you understand the process of pursuing compensation from the at-fault party or insurance company. The lawyer will also answer your questions like, “How long do I have to file a motorcycle accident lawsuit in Illinois?” Your lawyer will offer legal support and guidance every step of the way.

Gather Evidence to Prove Liability

Proving liability is one of the greatest obstacles for motorcyclists seeking damages after a motorcycle accident. Thorough investigation and gathering irrefutable evidence are necessary for liability determination.

Your lawyer knows the top causes of motorcycle accidents and has the resources to conduct investigations and collect evidence. Some forms of evidence that can prove helpful in your case include:

• Visual Evidence: Videos taken by nearby traffic or surveillance cameras can show what happened during the motorcycle accident and the role of every involved party. Pictures of damage to the vehicle, potholes, other poor road conditions, and skid marks can also reveal the cause of the accident.
• Witness Statements: Individuals who saw the accident can describe what happened immediately before, during, and after the accident. Their statements, along with visual evidence, can be essential for recreating the accident.
• Police Reports: Responding police officers usually assess the accident scene, take pictures and videos, and interview witnesses before preparing a report. This report constitutes a brief account of the accident, any traffic laws breached, and the officer’s opinion about who may be legally responsible.
• Medical Records: Documents showing injuries sustained and treatment received can reveal the full extent of your injuries and strengthen your claim for damages.
• Expert Witness Testimony: In some motorcycle accident cases, liability may be unclear. If such a situation applies to your case, your lawyer will bring accident reconstruction professionals on board. These professionals will use all the available facts and evidence in your case to recreate the accident. They will then prepare a report detailing how the accident happened and who was to blame.

Calculate and Prove Damages

Your motorcycle accident lawyer will determine the amount of recoverable damages by assessing factors that usually impact the value of motorcycle accident claims.

The nature and extent of your injuries affect your compensation amount. The more severe your injuries, the higher the compensation. Serious injuries often require expensive medical procedures, lengthy treatment, and cause permanent disabilities. They also result in a prolonged absence from work, causing an increase in lost wages or income.

Your lawyer will consider the cost of treating and caring for your injuries. You may require multiple appointments with your treating doctor, hospital stay, surgery, and physical therapy. You may also require ongoing medical care.

Your total recoverable damages must reflect all those medical expenses. Evidence required to prove these expenses include hospital bills, invoices from all medical providers involved in your treatment, and receipts for your prescription and over-the-counter medicines. Your lawyer may also obtain an expert medical opinion to help determine and prove future medical expenses.

Motorcycle replacement or repair cost is also a key consideration when calculating total recoverable damages. This applies only if the crash left your motorcycle with repairable or irreparable damages. Pictures of the damaged or totaled motorcycle and repair/replacement estimates are crucial in calculating and proving property damage.

Serious injuries may force you to take a break from work for some time. If that happens, your lawyer will consider all the income or wages you lost while recovering from your injuries when calculating your compensation. He or she will also account for losses you could incur if your injuries keep you from working completely or lower your earning capacity.

Evidence that helps determine and prove your lost wages includes your pre-injury paychecks, your employer’s letter confirming that you were absent from work because of the injuries, and your doctor’s letter describing how your injuries limit your capacity to work. Expert witness testimony helps calculate and prove future lost earnings.

Calculating damages in your motorcycle accident claim also requires taking non-economic damages into account. Your lawyer will consider the type and extent of your injuries, the effect on your ability to work, and the length of your recovery journey when determining your non-economic damages.

Your motorcycle accident lawyer will determine an acceptable compensation amount after considering the full scope of your damages. Doing that lowers the odds of receiving less than you need to get as close to your pre-injury life as possible.

Negotiate With Insurance Companies or Represent You in Court

Your lawyer will initiate the settlement negotiation process by sending a clear and comprehensive demand letter to the responsible insurance company. The letter will contain details of your motorcycle accident, injuries sustained, and a settlement amount needed to cover the full extent of your losses.

Your lawyer knows the maximum and minimum settlements offered in cases like yours. So, the lawyer will quote a higher figure in the demand letter. This strategy gives your lawyer sufficient cushion to move down and still secure a fair settlement for you.

The insurance company will make you a settlement offer in response to your demand letter. This offer will most likely be low. The company uses this tactic to determine if you know how much your claim is actually worth.

Your lawyer will take you through the offer letter and guide you on what steps to take. Leaving all communications with the insurer to your lawyer shows you are ready to go above and beyond to obtain compensation.

Your legal team can contact the insurance company to find out why it proposed a low settlement. Doing this gives you another chance to bolster your claim and aggressively push for a better settlement.

Your legal team will send a detailed reply letter to counter the reasons behind the lowball settlement offer. The team will support the counterarguments with irrefutable evidence.

Your lawyer will ensure the insurance company understands that you will only accept a settlement that adequately covers the full scope of your losses. If a reasonable settlement amount is reached, the lawyer will put that amount in writing.

Many personal injury cases involving motorcycle accidents are resolved through a negotiated settlement. Litigation is, however, sometimes necessary to obtain reasonable compensation. Litigation involves filing a lawsuit, preparing for a civil trial, and presenting your case. Your lawyer will handle every aspect of your case to ensure everything is done correctly from the start.

Time is a crucial aspect in personal injury cases. Knowing when to get a lawyer after an auto accident can make a difference in the outcome of your case.

Questions to Ask a Motorcycle Accident Lawyer in Bloomington, Illinois

Asking well-thought-out questions during the first appointment with a motorcycle accident lawyer can help determine if that lawyer has the required legal knowledge and capabilities to resolve your case successfully. Questions to ask during the first meeting include:

How Long Have You Been Handling Motorcycle Accident Cases?

Ask your attorney the number of years he or she has represented motorcycle accident victims. Find out the number of cases similar to yours the attorney has handled. Also, ask for a summary of motorcycle laws relevant to your case.

The goal is to find someone who understands everything that goes into getting a desirable outcome in a motorcycle accident case. A good lawyer has an outstanding success rate in cases identical to yours and knows the key differences between a motorcycle crash and a car accident.

What Is Your Assessment of My Motorcycle Accident Case?

Describe your accident and share accident scene pictures, witness statements, medical records, and other relevant documentation during the initial consultation. Give the lawyer time to examine the details and evidence presented. Then, ask what the lawyer thinks about your case.

You may, for instance, ask whether you have a valid legal basis to pursue damages from the at-fault party. Find out what legal strategy for recovering compensation can prove effective in your case. Also, ask about the factors that may affect your case outcome and how the lawyer can mitigate or use them to your advantage.

How Much Do You Charge?

Most motorcycle accident lawyers in Illinois enter contingency fee agreements with accident victims they agree to represent. Do not, however, assume your lawyer will take on your case on a contingency fee basis. Doing that can result in costly surprises down the road.

A discussion about fee structure must happen during the initial consultation. Inquire about the billing structure for cases like yours and whether the terms are negotiable. Also, find out how other case-related costs will be handled and how you will receive your settlement.

Request a sample fee structure to see how the lawyer will deduct legal fees and additional expenses from your settlement or court award.

What Is Your Communication Standard?

Effective communication is essential for a successful motorcycle accident claim. It also helps nurture and strengthen a professional relationship between you and your lawyer. So, ensure you gather adequate information regarding your lawyer’s communication standard.

Inquire about hours of availability, main communication method or channel, and the time taken to respond to phone calls, messages, or emails. Find out how regularly the lawyer will update you about your case.

Strong Law Offices Bloomington has helped motorcycle accident victims in Bloomington and across Illinois obtain justice and maximum compensation for over 25 years. Contact us to request a free consultation with our motorcycle accident lawyers.