Motorcycle and Bicycle FAQs

What should I do if I am involved in a bicycle or motorcycle accident?

You always want to seek medical attention, even if you think you feel fine. Call law enforcement and fill out a report. It’s important to fill out a police report that collects all parties’ and witnesses’ information. This will stop people from changing the details in their version of events later when they go to their insurance provider. Make sure to keep any evidence from the accident – bloodstained clothes, a broken cellphone, etc. – as this can help your case. 

Can I still receive compensation from the other driver even if I wasn’t wearing a helmet?

Because there is no law in Illinois requiring motorcyclists to wear a helmet, there is no assumption of negligence for the rider not wearing a helmet. As a result, you may still be able to receive full compensation. However, if you suffer from a head injury due to the accident, it could be argued that you could have prevented injury by wearing a helmet, and therefore share the fault of the head injury. This could affect your chances of receiving full compensation.

How long do I have to file a claim after my motorcycle or bicycle accident?

In general, motor vehicle claims must be submitted within two years of the accident date. However, certain circumstances surrounding the accident may limit the amount of time a claim can be submitted. It’s a good idea to consult an attorney after an accident, and they’ll be able to assist you in making sure a claim is submitted in time.

What if the person who caused my accident injury has no insurance? Will I have to go to court?

The Uninsured Motorist/Under-Insured Motorist policy will allow you to pull from your automobile policy to cover your compensation if the other driver is uninsured. 

Should I see a doctor after my motorcycle or bike crash?

You should always seek medical attention following a motorcycle or bike crash, even if you feel fine. The adrenaline from the accident can mask any immediate pain, and you may have sustained a head injury that you’re unaware of. A medical professional will be able to do a thorough check for any signs of injuries resulting from your accident. You’ll want a record of this for your case. 

What should I do if an insurance company contacts me after my accident?

Sometimes insurance companies will offer a reasonable amount to settle the claims, but generally, they will try to provide you with as little money as possible. When you consult a bicycle or motorcycle accident lawyer, they will assess if the insurance company offers you an appropriate amount.

If I was partially at fault for causing the accident, can I still receive compensation for my injuries?

You can still receive compensation, but you might not be eligible to receive full compensation if you are partially at fault. The amount of compensation you are eligible to receive will be dependent on how much you are at fault, based on a percentage. For example, if you are 40% at fault for the accident, then you may be eligible for only 60% of your total compensation for your injuries.

If I was riding a motorcycle or bicycle and forced off the road, do I have a case against the driver?

Sometimes, motorists cause cyclists to drive off the road. This happens by failing to check their side and rear mirrors before changing lanes, turning in front of the motorcycle or bicycle at an intersection, trying to use the same lane as the cyclist, passing too closely without leaving the appropriate room, or tailgating the cyclist. When a motorist causes an accident with these unsafe maneuvers, you could have a case against the driver.

My accident was caused by a roadway defect (such as a drainage screen, uneven surface, pothole, crack, etc.) Do I have a case?

You might have a case if a roadway defect caused your accident. When it comes to suing a city or county, there’s a specific set of rigid rules that must be followed. You should consult a bicycle injury lawyer about your specific accident details to determine if you have a case against your city or county.

What should I do if I was struck by a hit-and-run driver?

You will want to seek medical attention and contact the police to report the crime. It’s a good idea to get as much documentation of the accident as you can – take photos, make notes, ask witnesses to make a statement. As you may have to collect from your policy, contact your insurance company if the offending motorist isn’t found. You’ll also want to contact an attorney, and they’ll be able to provide support and guidance while you take the next steps.

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