Riding a motorcycle offers a distinct sense of freedom, but that feeling can be shattered in an instant by an accident. The moments following a crash are often chaotic and stressful. As you react to this situation, knowing what to do next can protect your health and your right to fair compensation.
Immediately after a motorcycle accident, you should:
At Saks, Robinson & Rittenberg, Ltd., our experienced attorneys have helped injury victims across Chicago for over four decades, and we understand the unique challenges motorcyclists often face. If you’ve been in an accident, taking these steps can be crucial to protect your future and your rights.
If you are physically able, gathering evidence at the scene, like photos and witness contacts, can significantly strengthen your injury claim.
This information can be difficult to obtain later, so documenting it in the moment can be especially beneficial.
Even if you feel fine, it is essential to see a doctor right away. Some serious injuries, like internal bleeding or concussions, may not show immediate symptoms. A medical evaluation can identify any underlying issues and create an official record that ties your injuries directly to the accident. Once a treatment plan has been created, adhering to it is crucial for both your recovery and demonstrating the severity of your injuries for your claim.
After documenting the scene and getting medical help, initiating a motorcycle accident claim can feel overwhelming. A personal injury attorney can manage the legal process on your behalf so you can focus on healing.
Because Illinois does not have a universal helmet law, motorcyclists are not legally required to wear helmets. However, this can create challenges when dealing with insurance companies. They often use the lack of a helmet as a way to unfairly suggest that the rider was at fault or contributed to their own injuries, regardless of the accident’s greater circumstances. An experienced attorney can challenge these assumptions by emphasizing the actual facts of the case.
Illinois follows a “modified comparative negligence” rule. Under this rule, if you are found partially responsible for the accident, your compensation can be reduced by the percentage of fault assigned to you. For instance, if you are found 25% at fault, your total compensation will then be reduced by that amount. An attorney can work diligently to gather evidence, highlight the negligence of the other party, and reduce the level of fault attributed to you, ensuring you retain as much of your compensation as possible.
To pursue fair compensation, it’s essential to consider all aspects of the damages you’ve suffered. This includes not only immediate medical bills but also future medical expenses, such as ongoing therapy or surgeries. Lost wages from time off work, both past and future, should also be accounted for. Additionally, an attorney can assess intangible damages like pain and suffering, which reflect the emotional and physical toll of the accident, as well as property damage, such as repairing or replacing cost your motorcycle. This comprehensive approach addresses every aspect of your claim so you are able to pursue the full amount you deserve.
The hours and days just after a motorcycle accident can be immensely challenging, but you don’t have to go through them alone. The attorneys at Saks, Robinson & Rittenberg, Ltd. are committed to fighting for injured riders in Chicago. With a proven track record of success behind us, we will provide the personalized, dedicated service your case deserves.
Contact us today for a free case evaluation to learn how we can help you.