Riding motorcycles is a way of life for many people in the U.S. In Southern Illinois an annual kick off to riding season takes place in May in Alto Pass at the base of the Bald Knob Cross of Peace, symbolic for the safe riding of thousands of riders attending the event. And, a subtle nudge for other drivers to stay aware.
Still, motorcycle accident fatalities are increasing. Motorcycle accidents often cause more severe injuries than car accidents due to the lack of protection for riders.
In Southern Illinois, riders face specific risks, including rural roads, diverse traffic conditions, and sometimes biases against motorcyclists.
If you or a loved one has suffered an injury in a motorcycle accident due to another driver’s negligence in Southern Illinois, you should contact Dihle Law Firm.
Our local motorcycle accident lawyers know the dangers motorcyclists face and know local laws. They can assess your case and explain next steps. They will ensure you are treated fairly and not unjustly blamed for fault, just because you were on a bike.
Why Choose Our Southern Illinois Motorcycle Accident Attorney?
At Dihle Law Firm, our experienced motorcycle accident lawyers have proven success in these cases. We will fight against unfair bias and pre-conceived notions of helmet wearing. We will investigate and ensure all liable parties are held responsible.
We have local roots. Our office in Marion, Il is located just five minutes down the Williamson County Parkway from Black-Diamond Harley-Davidson. We are local attorneys for local folks. Call our office today for a free consultation at (618) 326-5520.
Understanding Motorcycle Accidents: How They Happen
Motorcycle accidents are frequently caused by other drivers failing to see or yield to motorcycles. Common scenarios leading to these collisions include:
- Left-Turn Accidents: A significant percentage of motorcycle accidents involve cars turning left in front of an oncoming motorcycle.
- Lane Changes: Drivers failing to check blind spots or signal properly often merge into a motorcyclist's lane.
- Rear-End Collisions: Motorcyclists are vulnerable to being rear-ended, especially at intersections or in stop-and-go traffic.
- Road Hazards: Potholes, gravel, uneven pavement, and other road defects can be far more dangerous for motorcycles than cars.
- Driver Distraction: Distracted driving (e.g., texting, talking on the phone) is a leading cause of accidents involving all vehicle types, including motorcycles.
- Impaired Driving: Drivers under the influence of alcohol or drugs pose a severe threat to motorcyclists.
Common Injuries in Motorcycle Accidents
The open nature of motorcycles means riders are highly susceptible to severe injuries, even in low-speed collisions. These can include:
- Traumatic Brain Injuries (TBIs): Even with a helmet, concussions and more severe brain trauma are common and can have long-lasting effects.
- Spinal Cord Injuries: These can cause paralysis (paraplegia or quadriplegia) and have profound, life-altering consequences.
- Road Rash: Severe abrasions caused by sliding across the pavement, often requiring skin grafts and leading to infection risks.
- Fractures: Multiple bone fractures, especially to the limbs, ribs, and pelvis, are frequent.
- Internal Injuries: Damage to internal organs, often not immediately apparent, can be life-threatening.
- Amputations: In severe cases, limbs may be crushed beyond repair, necessitating amputation.
- Disfigurement and Scarring: Injuries can lead to permanent cosmetic damage.
Legal Considerations in Southern Illinois Motorcycle Accident Claims
Helmet Laws
While Illinois does not have a universal helmet law for all riders, riders under 18 and those with instructional permits or licenses must wear helmets. The absence of a helmet in an accident where one was not legally required generally cannot be used to prove negligence against the rider. Still, it can be used to argue that the rider failed to mitigate their damages regarding head injuries.
Evidence Collection
Prompt evidence collection, including accident reports, witness statements, photographs of the scene and vehicles, and medical records, is essential.
Motorcyclists often face unique challenges in obtaining fair compensation after an accident, primarily due to inherent biases and complex legal hurdles.
Challenges Motorcyclists Face in Compensation Claims
- Perceived Recklessness: There's a common misconception that motorcyclists are inherently reckless, leading to unfair bias against them by juries, insurance adjusters, and even law enforcement. This bias can minimize the other driver's perceived fault and inflate the motorcyclist's perceived contribution to the accident.
- Lack of Protection Leading to Severe Injuries: While leading to severe injuries, the lack of protection for riders can sometimes be subtly used by opposing parties to argue that the rider assumed a higher risk, even when the other driver was clearly at fault.
- Complex Helmet Laws: While Illinois helmet laws generally don't penalize riders over 18 for not wearing a helmet, insurance companies may still argue that the absence of a helmet contributed to the severity of head injuries, thereby attempting to reduce compensation.
- Visibility Issues and "Failure to See": Often, drivers claim they "didn't see" the motorcycle. This common excuse can be difficult to counter without strong evidence, despite the fact that drivers have a duty to drive safely and be aware of their surroundings.
- Evidence Collection and Documentation: Given the severe injuries often sustained, motorcyclists may be unable to collect critical evidence immediately after an accident, which can hinder their claim later.
How the Dihle Law Firm Can Turn the Tables in Your Favor
Our attorneys understand the complexities of motorcycle accident claims.
We build our cases to address these challenges head-on through:
- Deep knowledge: The firm possesses an in-depth understanding of unique motorcycle accident laws, biases, and injury complexities in Southern Illinois. This knowledge allows them to anticipate and counter common defense tactics.
- Thorough Evidence Collection: We are proactive in gathering significant evidence, including accident reports, witness statements, photographs, and medical records. This comprehensive approach helps to build a strong, undeniable case that refutes baseless accusations.
- Skilled Negotiation: The Dihle Law Firm is experienced in negotiating with insurance companies. They are adept at countering tactics that may undervalue claims, ensuring that fair compensation is sought for all damages.
- Litigation Readiness: If a fair settlement cannot be reached through negotiation, our firm is prepared to take the case to court. Our readiness to litigate ensures that insurance companies take the claim seriously and that the motorcyclist's rights are vigorously defended.
- Understanding of Injuries: Our firm is knowledgeable about the long-term impacts of severe motorcycle injuries (such as TBIs and spinal cord injuries). This understanding is vital for accurately assessing and claiming full damages, including future medical expenses, lost earning capacity, and pain and suffering.
- Bias Mitigation: The Dihle Law Firm actively addresses and counters potential biases against motorcyclists that may exist in legal proceedings or with insurance adjusters. They work to present the motorcyclist as a responsible individual and the accident as a result of the other party's negligence. This is vital, as motorcyclists have been involved in six times more fatal traffic crashes than cars. Indeed, this is part of a larger public health problem.
Frequently Asked Questions About Southern Illinois Motorcycle Accidents
What should I do immediately after a motorcycle accident in Southern Illinois?
Your first priority is safety and medical attention. If possible, move to a safe location away from traffic. Call 911 to report the accident and request emergency medical services, even if you feel fine, as some serious injuries have delayed symptoms. Do not admit fault.
If possible, use your phone to take pictures of the accident scene, your motorcycle, the other vehicles involved, and any visible injuries. Exchange contact and insurance information with the other driver and get the names and phone numbers of any witnesses.
Finally, contact our office to understand your legal rights before speaking with an insurance adjuster.
The other driver's insurance company called me and offered a settlement. Should I accept it?
Never accept an initial settlement offer without first consulting with an attorney. Insurance companies aim to resolve claims for the lowest amount possible. The first offer rarely accounts for the full extent of your damages, including future medical treatment, lost earning capacity, and your pain and suffering.
Accepting an offer requires you to sign a release, which prevents you from seeking further compensation, even if your injuries worsen. We can evaluate any offer and advise you on whether it represents fair compensation.
How is fault determined in a motorcycle accident claim in Illinois?
Illinois uses a modified comparative negligence rule. This means you can still recover damages as long as you are not found to be 50% or more at fault for the accident. However, your total compensation will decrease by your percentage of fault.
Our attorneys work to gather evidence to demonstrate the other driver's negligence and minimize any incorrect claims of fault against you.
How much does it cost to hire a motorcycle accident attorney?
We handle motorcycle accident cases on a contingency fee basis. This means you pay no upfront fees.
Our firm advances the costs of investigating and pursuing your case. We only receive a fee if we successfully recover compensation for you, either through a settlement or a court verdict. The fee is a percentage of the total recovery.
This arrangement allows you to access legal representation without financial risk.
Consult Our Southern Illinois Motorcycle Accident Lawyer Today
A skilled motorcycle accident attorney in Southern Illinois substantially secures fair compensation for injured riders. We meet this need for motorcycle accident victims. Contact the Dihle Law Firm today at (618) 3236-5520 to schedule your free consultation.