Injury Lawyer Helping Victims of Motorcycle Crashes in Cook County and Will County
For those who ride motorcycles, there is nothing quite like the feel of the open road. Riding a motorcycle is often an expression of personal freedom and a way to be a little different from the average motorist. Unfortunately, motorcyclists also face serious risks. According to recent estimates, in fact, a motorcycle rider is roughly 27 times more likely to be killed in a motor vehicle accident than a person in a car or truck, and they are five times more likely to be injured in a collision.
At Fotopoulos Law Office, we understand how quickly a motorcycle accident can change the lives of a victim and their family. While we cannot undo the damage caused by such a crash, we are equipped to help you get the compensation you need to start putting your life back together.
Trusted Tinley Park Counsel for Motorcycle Accidents
The vast majority of motorcycle riders are careful, law-abiding motorists who want nothing more than to get to where they are going safely. Unfortunately, there are a few riders whose aggressive, reckless riding puts others at risk. Such behavior often creates biases and the unfair assumption that when a motorcycle is involved in a crash, the rider must have been doing something wrong.
The reality is that most motorcycle accidents are caused by the drivers of cars, SUVs, other passenger vehicles, or commercial trucks. Due to their small size and visual profile, motorcycles can be hard to see at intersections, while changing lanes, or when merging. All it takes is a moment of inattention by a driver to transform a simple left turn or lane change into a life-threatening situation.
Common causes of motorcycle accidents include:
- Drunk driving or drugged driving. Drunk or drugged driving remains one of the most dangerous threats to motorcycle riders on Illinois roads. When drivers are impaired by alcohol or drugs, their reaction time is significantly reduced, their judgment is compromised, and they may have difficulty maintaining proper lane position – all factors that can prove deadly when encountering a motorcycle.
- Driver distraction, including the use of a cell phone. Driver distraction, particularly cell phone use while driving, has become increasingly problematic in recent years. When drivers take their eyes off the road to read a text, make a call, or check social media, they may fail to notice an approaching motorcycle. Even a few seconds of distraction can have catastrophic consequences for riders who have little protection against impact.
- Aggressive driving, including hostile actions against the rider. Aggressive driving behaviors pose a serious risk to motorcyclists. Some drivers may become impatient with motorcycles, following too closely, making unsafe passes, or even deliberately intimidating riders. These hostile actions can force riders into dangerous situations or cause them to lose control of their motorcycles.
- Failure to check blind spots before changing lanes or merging. Failure to check blind spots is a common factor in motorcycle crashes, especially during lane changes and merging maneuvers. Because motorcycles have a smaller profile than other vehicles, they can be easily missed if drivers don’t thoroughly check their blind spots. This oversight often leads to side-swipe collisions or forces riders to take evasive action that may result in a crash.
- Traffic violations such as speeding or running red lights. Basic traffic violations like speeding and running red lights create dangerous situations for all road users, but they’re especially hazardous for motorcyclists. When drivers exceed speed limits or disregard traffic signals, they reduce their ability to react to motorcycles in time to prevent a collision. These violations often result in high-speed impacts that are particularly devastating for motorcycle riders.
Common Injuries Suffered by Motorcycle Crash Victims in Orland Park
Motorcycle accidents often result in severe and life-altering injuries due to riders’ exposure and vulnerability on the road. Here are the most common injuries sustained in motorcycle crashes:
- Traumatic Brain Injuries (TBI): Even with a helmet, the force of impact in a motorcycle crash can cause devastating brain injuries. TBIs can range from mild concussions to severe trauma resulting in permanent cognitive impairment, memory loss, personality changes, and loss of basic functions. Recovery often requires extensive rehabilitation, and some victims may never fully regain their previous capabilities.
- Road Rash: When riders are thrown from their motorcycles and slide across the pavement, they often suffer road rash – a severe form of skin abrasion. While sometimes dismissed as minor, road rash can lead to serious infections, permanent scarring, and nerve damage. In severe cases, victims may require skin grafts and face long-term complications from embedded debris and tissue damage.
- Spinal Cord Injuries: The violent impact of motorcycle accidents frequently results in damage to the spinal cord. These injuries can cause partial or complete paralysis, affecting either the lower extremities (paraplegia) or both upper and lower body (quadriplegia). Spinal cord injuries often require lifelong medical care and can dramatically impact a victim’s ability to work and perform daily activities.
- Bone Fractures: Multiple bone fractures are extremely common in motorcycle accidents, particularly in the legs, arms, ribs, and pelvis. Complex fractures may require surgical intervention, metal plates or rods, and extensive physical therapy. Some victims experience chronic pain and limited mobility even after their bones have healed.
- Internal Organ Damage: The blunt force trauma experienced in motorcycle crashes can cause severe damage to internal organs. Injuries to the liver, kidneys, lungs, and spleen are particularly common. These injuries often require emergency surgery and can lead to long-term health complications or organ failure if not treated promptly.
- Lower Extremity Injuries: Legs, ankles, and feet are particularly vulnerable in motorcycle accidents, often bearing the initial impact. These injuries can include crushed bones, torn ligaments, and severe joint damage. Many victims require multiple surgeries and extensive rehabilitation, and some may face permanent mobility issues or amputation.
- Facial and Dental Injuries: Impact on the road, vehicles, or other objects often results in serious facial trauma. These injuries can include broken facial bones, jaw fractures, dental damage, and severe lacerations. Beyond the physical pain, facial injuries often require reconstructive surgery and can leave permanent scarring, leading to both physical and emotional challenges for victims.
Damages Recoverable for Motorcycle Accident Injuries in Orland Park
When pursuing compensation after a motorcycle accident in Orland Park, victims may be entitled to several types of damages designed to make them whole after their injuries.
Economic Damages
Economic damages represent the actual financial losses that can be calculated and documented following a motorcycle accident.
- Medical expenses, including emergency care, surgeries, medications, and ongoing rehabilitation
- Lost wages and income from missing work during recovery
- Loss of future earning capacity if injuries prevent a return to previous employment
- Property damage to the motorcycle and protective gear
- Cost of medical equipment and home modifications
- Future medical care and treatment expenses
Noneconomic Damages
Noneconomic damages address the intangible losses and emotional impact of the accident on the victim’s life.
- Pain and suffering from injuries and medical procedures
- Mental anguish and emotional distress
- Loss of enjoyment of life and normal activities
- Disfigurement and permanent scarring
- Loss of consortium or companionship
- Diminished quality of life
In cases involving particularly egregious conduct by the at-fault party, punitive damages may also be available. These damages are meant to punish the wrongdoer and deter similar reckless behavior in the future, though they are rarely awarded in standard motorcycle accident cases.
Helping Motorcycle Accident Victims Recover Compensation in Northern Illinois
Motorcycle riders are especially at risk due to the lack of structural protection. As a result, an accident may lead to catastrophic injuries or death. Unfortunately, recovering compensation is not always easy. Insurance companies are often quick to blame motorcycle riders for causing accidents, even if the rider was riding safely.
With over 20 years of experience, including time as a Cook County judge, Attorney John S. Fotopoulos understands the importance of conducting a full investigation into a motorcycle crash to determine what happened and why. From there, he and his team will go to work building a case to hold the appropriate party or parties accountable for their negligence.
We are not afraid of insurance companies or their lawyers, and we will not be intimidated into accepting a settlement that fails to meet your needs. You deserve an advocate who will fight hard for you, and we will continue working on your behalf until you obtain full compensation under the law, including taking your case to trial if necessary.
Frequently Asked Questions (FAQs)
Here are some of the most commonly asked questions about motorcycle accidents in Orland Park and throughout Chicagoland:
What should I do immediately after a motorcycle accident?
First, ensure your safety by moving to a safe location if possible and seek immediate medical attention, even if you feel fine. Document the accident scene by taking photos and gathering contact information from witnesses and other parties involved. Contact law enforcement to file an official accident report, which will be crucial for your case later.
How long do I have to file a motorcycle accident claim in Illinois?
In Illinois, you generally have two years from the date of the accident to file a personal injury lawsuit. However, if the case involves a government entity, the time limit may be shorter. It’s crucial to consult with an attorney as soon as possible to ensure you don’t miss any important deadlines.
Will my motorcycle insurance cover all my accident-related expenses?
Insurance coverage depends on your specific policy and the circumstances of the accident. Basic liability insurance may not cover all expenses, including medical bills, lost wages, and property damage. This is why having comprehensive coverage and potentially pursuing a claim against the at-fault party is often necessary.
Can I still recover compensation if I wasn’t wearing a helmet?
While Illinois doesn’t require motorcycle helmets by law, not wearing one could affect your compensation amount through comparative negligence. However, you can still pursue a claim against a negligent driver, though the defense may argue that your injuries were worse due to not wearing a helmet. Speak with your attorney about how the failure to wear a helmet might impact your specific case.
What types of compensation can I recover after a motorcycle accident?
As discussed earlier, victims can typically recover compensation for medical expenses, lost wages, pain and suffering, property damage, and future medical care needs. In cases of permanent disability, you may also be entitled to compensation for reduced earning capacity and lifestyle changes.
How do I prove the other driver was at fault?
Fault is established through evidence including police reports, witness statements, traffic camera footage, accident scene photos, and expert testimony. An experienced motorcycle accident attorney will help gather and present this evidence to build a strong case for liability.
What if the other driver is uninsured or underinsured?
If you have uninsured/underinsured motorist coverage on your policy, you should be able to file a claim with your own insurance company under the UM/UIM portion of the policy. You may still have options as well, such as pursuing the at-fault driver’s personal assets or identifying other potentially liable parties.
Should I accept the insurance company’s first settlement offer?
Initial settlement offers from insurance companies are typically much lower than what your case is worth. It’s advisable to consult with an attorney before accepting any settlement offers, as they can evaluate your case’s true value and negotiate for fair compensation.
What if the accident was partially my fault?
Illinois follows a modified comparative negligence rule, meaning you can still recover damages if you’re less than 51% at fault for the accident. However, your compensation will be reduced by your percentage of fault. An attorney can help protect your rights and argue against unfair fault attribution.
Contact Our Orland Park Motorcycle Accident Attorney
If you or a member of your family has been injured in a motorcycle accident, contact Fotopoulos Law Firm today. We are ready to fight for the full and fair compensation you deserve, so you can focus on recovering from your injuries and moving forward with your life. Call 708-942-8400 to schedule a free consultation and case evaluation today.
Our firm serves clients in Orland Park, Tinley Park, Oak Forest, Alsip, Palos Heights, Joliet, Mokena, Homer Glen, Will County, Cook County, and the surrounding areas.