Key Takeaways
- Motorcycle accident claims are often met with skepticism from insurers and juries, making it difficult for victims to secure fair compensation without strong legal representation.
- Establishing liability is critical and can be complex, especially in cases involving shared fault, multiple vehicles, or third-party responsibility such as manufacturers or government entities.
- Victims may recover both economic and non-economic damages, including medical expenses, lost income, pain and suffering, and long-term impacts on quality of life.
Motorcycle accident victims face unique challenges in seeking compensation for their injuries. Insurance adjusters and juries are often skeptical of their claims and unsympathetic towards the risks of riding a motorcycle. And while motorcycle crashes are often called “accidents,” this doesn’t mean they are unavoidable. There’s typically someone who caused the wreck and who should be held liable for the motorcyclist’s medical bills and other losses.
Holding the at-fault party accountable is no easy task, however. If you’re a rider, you can expect to encounter resistance from insurers who are only concerned about their bottom line. You need a law firm that is ready to advocate for you and fight for the compensation you need to recover.
Since 1993, Power Rogers has successfully represented thousands of victims of serious accidents in Aurora and throughout Illinois. Reach out to us today for a free consultation, and learn more about how our Aurora, IL motorcycle accident lawyers can help you.
How an Aurora Motorcycle Accident Lawyer at Power Rogers Can Help
We know that you have your pick of personal injury lawyers. But what sets Power Rogers apart is our track record of success in complex, serious injury cases. Throughout our firm’s history, we’ve recovered more than $6 billion for our clients across all types of injury claims, ranging from life-changing motorcycle collisions to medical negligence. We know what it takes to build a compelling claim for the compensation that helps our clients recover.
When you retain Power Rogers as your Aurora motorcycle accident lawyer, we immediately get to work by:
- Investigating the cause of your motorcycle accident
- Determining which parties may have caused the accident
- Obtaining evidence of fault, including through the discovery process if a lawsuit is filed
- Calculating a fair dollar value for all of your damages, including reasonably estimated future losses
- Negotiating an out-of-court settlement, if possible, with the at-fault parties, their insurers, and their lawyers
- Filing a lawsuit and serving it on the at-fault parties if a fair settlement cannot be reached
- Consulting expert witnesses, such as accident reconstructionists, who can provide valuable testimony in your favor
- Taking your case to trial and demanding the maximum compensation available under the law
Our focus is on protecting your future and giving you the confidence that your case is in experienced hands.
What Are the Most Common Causes of Aurora Motorcycle Accidents?
Understanding how motorcycle accidents happen is a critical step in seeking compensation, because the victim has the burden of proving that the at-fault party was negligent. Some of the most common causes include:
- Speeding: Speeding is responsible for many accidents, including fatal motorcycle crashes. A speeding car takes more time to slow down and is less capable of avoiding a collision.
- Reckless driving: Weaving in and out of lanes, tailgating, and aggressive driving behaviors put riders at risk, too. This behavior can, unfortunately, cost lives.
- Distracted driving: Anything that takes a driver’s focus away from the road can cause an accident. Common culprits include texting while driving and talking to passengers.
- Poor visibility: Motorcycles are already harder to spot than passenger vehicles because they are smaller. When conditions like high traffic volume impede visibility, an accident becomes more likely.
- Bad weather: Snow, ice, and rain can all make the roads slick and reduce visibility. All drivers have a duty to adjust their driving behaviors to the prevailing conditions.
- Driving under the influence: A driver who is impaired by alcohol or drugs will have a slower reaction time and reduced ability to focus. This is a recipe for disaster for a motorcyclist.
- Motorcycle defects: A problem with the motorcycle itself could be a contributing factor. For example, defective brakes could prevent the rider from slowing down and thereby aggravate their injuries.
Common Types of Motorcycle Accident Injuries
Suffering an injury in a motorcycle accident can have a lasting impact on the victim’s life. Not only will they incur financial losses through medical bills and missed work, but the emotional and psychological toll can be heavy. Motorcycle accident victims frequently report the following injuries:
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- Paralysis
- Abrasions (road rash)
- Burns
- Amputations
- Internal bleeding and organ damage
- Injuries to muscles and ligaments
Victims sometimes experience anxiety, depression, and post-traumatic stress disorder, among other problems. The pain and suffering can be pronounced and last for months or longer. Taken together, all of these can have a detrimental impact on the rider’s quality of life long into the future.
Determining Liability in a Motorcycle Accident Case
Settling the question of liability is not always straightforward. Three particular types of cases, among others, can complicate this issue:
- Shared fault: Not all motorcycle accidents are black-and-white in terms of liability. In some cases, the rider can be partially to blame, which can affect their right to full compensation.
- Multi-vehicle crashes: When more than one vehicle is involved in a motorcycle accident, sorting out responsibility is more challenging. However, multiple drivers can be held liable.
- Third-party liability: As mentioned above, sometimes outside parties, like the manufacturer of the motorcycle, can be to blame. Other potentially liable third parties include road construction crews and government entities responsible for road work.
Hiring a skilled motorcycle accident lawyer is important to settling these and other complex liability issues. Your attorney can gather the evidence necessary to identify all at-fault parties and assess their respective roles in the crash. This can help you win full and fair compensation for your injuries.
What Types of Compensation Can Motorcycle Accident Victims Recover?
Most motorcycle accident victims are eligible to claim the following types of monetary damages:
Economic damages
The term “economic” is used because the calculation of these damages is relatively straightforward. Depending on the facts of your case, you may be able to demand the following through a motorcycle accident lawsuit:
- Medical expenses: These include bills for ambulance care, hospitalization, surgery, prescription drugs, physical therapy, rehabilitation, and adaptive medical equipment (e.g., wheelchair). Also included in this category are reasonably estimated future medical bills you will likely have.
- Lost income: While you are recovering from your injuries, you are likely to miss work. In serious injury cases, you may not even be able to return to your former career at all, so you can ask for compensation to cover your decreased earning capacity and lost future income.
- Property damage: If your motorcycle or safety gear is damaged or destroyed, you can win damages to pay for it. You can also ask for compensation for other personal property that is lost in the crash.
Non-economic damages
“Non-economic” means that determining the monetary value of these damages is more complicated than a simple mathematical calculation. These damages are subjective in nature and include:
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Decreased quality of life
Punitive damages
Punitive damages are available in rare cases involving especially reckless or intentional wrongdoing. The intention is to punish the misconduct and deter future incidents of it. Our Aurora personal injury lawyers can review the facts of your case to determine if it qualifies for punitive damages.
Steps to Take After a Motorcycle Accident in Aurora
The steps you take after being in a motorcycle accident are important for protecting both your health and your legal rights. We recommend that you do the following:
- Call 911: Report the accident right away to emergency dispatch. A law enforcement officer will come to the crash scene and create an accident report. This document will include basic details like the identities of the parties involved and will serve as helpful evidence later.
- Seek medical attention: Whether you go by ambulance to the emergency room or visit your primary care physician, do not forgo seeking medical attention. Some injuries take hours or days to appear. Failure to see a doctor may harm your health and allow the at-fault parties to blame you for aggravating your own injuries.
- Document the crash site: To the extent possible, take pictures and record videos of the accident scene. Do the same for the damage done to your motorcycle and your injuries. Get the names and contact information of all drivers involved (ask for police assistance if any drivers become hostile or flee the accident scene). Make personal notes about the crash, including a description of all vehicles and their tag numbers.
- Get eyewitness information: If anyone observed the crash, get the names and contact information of these witnesses. Find out if any witnesses recorded the accident on a dashcam or otherwise.
- Follow your doctor’s advice: Moving forward, make sure you do what your doctor tells you. Return for any follow-up appointments, take your medications, observe any work restrictions, and see any specialists to whom you are referred.
Speak with a motorcycle accident attorney: Talk with a lawyer who specifically handles personal injury claims, and do so before you speak with the insurance companies. Remember, insurers are not looking out for your interests. Let a lawyer handle all communications with them.
Aurora Motorcycle Accident Lawyer: FAQs
Most victims must file a lawsuit within two years of the accident, thanks to a deadline known as the statute of limitations. However, it is important to note that there are a number of exceptions to this rule that can reduce the amount of time you have to file. For that reason, it is strongly advised that you do not delay consulting an attorney. If you file too late, the court will dismiss your lawsuit and bar any recovery.
If you were partially to blame for the motorcycle accident, you can still recover compensation as long as you were not more than 50% liable. This is due to Illinois’ comparative negligence statute. Your damages will be reduced by the percentage of fault that is apportioned to you. We will work to refute any attempt by the at-fault parties to shift liability to you.
Most motorcycle accident claims settle without the need for a trial. This is often done through an out-of-court settlement process known as mediation. Our personal injury law firm will try to settle your case, if possible, but we are not hesitant to go to court if that is necessary to win a fair amount of compensation.
Discuss Your Case With Our Aurora Motorcycle Accident Attorneys
Were you in a motorcycle accident in Aurora or elsewhere in Illinois? We can help you learn about your legal rights and options. Contact Power Rogers for a free consultation with our personal injury attorneys. We handle personal injury cases on a contingency fee basis, so you owe nothing up front and we only collect our attorney fees if we win your case.
