Riders Face an Uphill Fight With Insurers
Most motorcycle crashes involving a car happen because the driver didn't see the rider: a left turn across the rider's path, a lane change into a blind spot, a door opened into traffic. Yet insurance adjusters often start from the assumption that the rider was speeding or reckless.
Because Illinois uses modified comparative fault, every percentage point of blame an insurer can pin on you reduces what you recover. Phil works to establish what really happened using the scene, the damage to both vehicles, witness accounts and any available video.
Common Motorcycle Crash Injuries
- Fractures to the legs, arms, wrists and collarbone
- Road rash and skin grafts
- Head and traumatic brain injuries
- Spinal cord injuries
- Injuries requiring long-term therapy or surgery
Not wearing a helmet? Illinois does not require adult motorcycle riders to wear a helmet. Not wearing one doesn't bar your claim, though an insurer may argue it made a head injury worse. Talk to Phil before you assume you don't have a case.
What You Can Recover
Illinois law lets injured people recover compensation for the full harm someone else's negligence caused. Depending on your case, that can include:
- Medical expenses, past and future: ER visits, surgery, therapy, medication and ongoing care
- Lost wages and reduced ability to earn in the future
- Pain and suffering, including physical pain and emotional distress
- Loss of normal life: the activities, hobbies and independence the injury took from you
- Disfigurement and scarring
- Property damage, such as vehicle repair or replacement
Common Questions
How long do I have to file a personal injury claim in Illinois?
In most Illinois personal injury cases, you have two years from the date of the injury to file a lawsuit. Claims against a city, county, park district or other local government can have a much shorter deadline of one year, and some require notice even sooner. Talk to a lawyer as early as you can so a deadline does not quietly end your case.
What if I was partly at fault?
Illinois uses modified comparative fault. You can still recover as long as you were 50% or less at fault, but your award is reduced by your share of the blame. If you are found more than 50% at fault, you recover nothing. Insurance adjusters know this rule and often try to push more blame onto you, which is one reason to have a lawyer before you give a recorded statement.
Does not wearing a helmet hurt my case?
It doesn't prevent you from bringing a claim, because Illinois has no adult helmet law. The other side may argue a helmet would have reduced a head injury. It usually has nothing to do with other injuries, such as a broken leg or road rash.
How much does it cost to hire Phil?
The consultation is free. Phil handles injury cases on a contingency fee, which means his fee is a percentage of what he recovers for you. If there is no recovery, you owe no attorney fee. Phil will explain the fee agreement in writing before you sign anything.