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The start of the school year is a hectic time for many households in Chicago. Parents will need to juggle work and other obligations with a demanding school schedule, homework, extracurricular activities, and more. It can be easy to forget to go over important safety tips and accident risks with your child. To help keep children safe, the National Safety Council recognizes Back to School Safety Month in August.

Getting to School

No matter how your child gets to school, there are risks of transportation accidents. This includes the following:

 

  1. Riding the bus – Ensure your child knows how to safely wait at the bus stop, as well as board and exit the bus, which includes ensuring the bus driver can see them at all times. Once they are on the bus, they should wear seat belts (which should be available) and remain seated at all times.
  2. Riding a bike or walking – Teach your child how to cross streets at crosswalks and follow traffic signals and crossing guards. Make sure they always wear a helmet when on a bicycle, and that they do not stray from their usual route.
  3. Driving to school – If your teen is driving to school or riding with another teen driver, discuss safe driving techniques. Moreover, set an example of how they should not drive impatiently or aggressively, even if they are running late.

 

 

 

Injuries at School

You should be able to trust school administrators, staff, and teachers to keep your child safe. However, injuries do happen at school in many different ways. Some examples of common school-related injuries include:

  1. Slip and falls
  2. Playground injuries
  3. Swimming pool injuries
  4. Assaults due to inadequate security

Some of these accidents can happen due to school-related negligence, no matter how careful your child can be. Though ensure your child that they should always be honest about how injuries occurred during the school day.

Sports Injuries

Many school-aged children play sports, whether as part of their physical education program or as an extracurricular activity. In either case, your child is at risk of injuries from sports, and this risk increases if the sports program is run in a negligent manner. Be sure that your child:

  1. Knows how to follow the rules of the game
  2. Reports if someone is allowed to play rough or violate the rules
  3. Has the proper safety equipment in working order
  4. Has a safe environment in which to practice and play (i.e., not in excessive heat)
  5. Is not -pushed beyond their ability, age, or skill level
  6. Gets prompt medical attention if a suspected injury occurs

Negligent coaches and sports teams can result in serious preventable injuries to schoolchildren.

Contact a Chicago Personal Injury Lawyer for More Information

At Malman Law, our personal injury attorneys in Chicago hope that your children have a safe start to the school year. If you or your child was injured in any type of accident, you should not hesitate to schedule a free case evaluation with an experienced member of our legal team. Call (312) 629-0099 or contact us online to discuss your rights today. 

This year, Illinois became the 11th state in the United States to legalize the possession and use of recreational marijuana. The Cannabis Regulation and Taxation Act (CRTA) goes into effect on January 1, 2020, allowing for the sale and purchase of recreational cannabis products at licensed establishments as of that date. 

However, many people in Illinois currently use marijuana products, whether they are purchased illegally, or purchased in another state with legal cannabis and unlawfully transported to Illinois. This may be especially common with commercial truck drivers who regularly travel through states with legal marijuana and later use that marijuana in Illinois.

In some situations, people will get behind the wheel of a car or large truck after using marijuana, and stoned driving can lead to serious accidents.

Stoned Driving is Always Against the Law

Even when recreational marijuana use is legal, driving under the influence (DUI) of marijuana is never legal. Illinois law strictly prohibits “driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.” This includes lawful drugs, such as prescriptions and, eventually, legally-purchased marijuana.

This is a highly important safety law, as driving while intoxicated by any substance can result in serious accidents and injuries to others. Some ways that marijuana may impair a driver’s abilities include:

  • Slowed reaction times
  • Lack of focus on the road or traffic
  • “Tunnel vision” or blurry vision
  • Sleepiness
  • Anxiety or jumpiness
  • Impaired judgment and sensory abilities 

All of these can result in serious crashes, and you should know what to do if you suspect a stoned driver caused your accident.

Call the Police

It is important to call the authorities after an accident, especially if you believe the other driver may be under the influence. Not only will they dispatch medical personnel to the scene, but the police should arrive to help determine whether one or more drivers violated the law. Officers will observe the driver and may conduct roadside tests to gain probable cause for an arrest. If the driver is arrested, they may later be convicted of DUI, which helps demonstrate liability for your injuries.

Call an Auto Accident Attorney in Chicago

Stoned drivers should always be held fully liable for the injuries they cause. The insurance process can be complicated, however, and you want to have the right legal team handling your claim. An experienced lawyer will know how to present a persuasive claim and prove all of your damages. We fight for higher compensation for our clients than offered by insurers through skilled negotiation or by filing a personal injury lawsuit. We regularly seek compensation for the following and more:

  • Medical expenses 
  • Lost income
  • Pain and suffering
  • Wrongful death

Discuss Your Options with an Experienced Chicago Car Accident Lawyer

The personal injury attorneys of Malman Law in Chicago stand up for auto accident victims, especially after drunk or drugged driving crashes. Whether marijuana is legal or not, there is no excuse for stoned driving, and we stand up for the rights of injured clients. Call (312) 629-0099 or contact us online for your free case evaluation today. 

Slip and fall accidents are consistently among the most common causes of preventable injuries in Chicago and the rest of the United States. They can cause surprisingly serious injuries, including broken bones, traumatic brain injuries (TBIs), hip fractures, and even spinal cord injuries. Fortunately for victims, when these injuries are the result of someone’s negligence, they can typically recover compensation for their accident-related injuries under Illinois law.

Examples of Negligence that Can Cause Slip & Fall Accidents

Negligence occurs when a person fails to use the degree of care that would ordinarily be used by a reasonable person in similar circumstances. There are many hazards that can cause slip and fall accidents that are typically attributable to the negligence of the person or entity that is responsible for the maintenance of a premises. Some of the most common include:

  • Wet floors
  • Inadequate lighting
  • Cracked pavement
  • Exposed electrical wiring or cables
  • Debris in walkways

Protecting Your Rights after a Chicago Slip & Fall Accident

As a slip and fall accident victims, it’s vital to understand that there are certain steps that you can take to protect your rights and ensure that you receive any compensation that you are owed. Some of the most important of these are described below.

Document Your Accident

If your accident took place in a commercial setting, it’s very important that you request that the manager create an incident report. In addition, take photos of the hazard that caused your slip and fall and try and ask anyone who witnessed your accident for their contact information.

Seek Medical Attention

It is extremely important that you see a medical professional after a slip and fall accident, regardless of the severity of your injuries. When you see a medical professional, it will result in the creation of an official medical record, which can be used as evidence when it comes time to establish your damages.

Do NOT Accept a Settlement Offer Before Talking to an Attorney

Sometimes, property owners or their insurance companies try and settle cases by offering unreasonably low settlements before victims have a chance to talk to an attorney and find out what their cases are really worth. Remember, you only get one chance to settle your case, so you need to be sure that any settlement you accept adequately compensates you for all of your losses.

Call an Injury Lawyer in Chicago as Soon as Possible

You should call an attorney as soon as you can after a slip and fall accident. While you are unrepresented, there is a chance that you will say something to the insurance company or at-fault party that can hurt your case. A lawyer will protect your rights and ensure that you obtain the full and fair value of your claim. 

Call Malman Law Today to Schedule a Free Case Evaluation with a Chicago Personal Injury Attorney

If you have sustained injuries in a slip and fall accident in the Chicagoland area, you may be entitled to substantial compensation for your accident-related losses. Malman Law wins 95 percent of their cases and will review the facts of your accident at no cost to you. To schedule a free case evaluation with a personal injury attorney in Chicago, call our office today at (312) 629-0099 or contact us online.

Summer is here, and in Chicago that means that motorcycle riding season is in full swing. We only get a few months of perfect riding weather each year, and avid riders will be hitting the road regularly over the summer months to get as much time in the saddle as possible.

When riding in Chicago, motorcyclists must prioritize their own safety. Unfortunately, accidents involving other vehicles are common, and riders must do their best to minimize their risk of serious (or fatal) injuries. While accidents will sometimes be unavoidable, following some basic safety tips can significantly reduce motorcycle riders’ chances of being injured by negligent drivers.

Safe Riding Tips for Motorcyclists in Chicago

So, what can you do to minimize your risk of injury while riding this summer? Here are 10 safety tips for motorcycle riders in Chicago:

1. Wear Your Helmet Every Time You Ride.

No, Illinois law does not require you to wear a helmet. But, this does not mean that riding without one is a good idea. Although Illinois is one of three remaining states without a motorcycle helmet law, studies have shown that wearing a helmet is one of the best and most important ways to reduce your risk of injury in the event of a crash.

If you do not currently own a helmet, when you buy one, make sure to pick a helmet with a Snell Foundation or U.S. Department of Transportation (DOT) certification. If you have had your motorcycle helmet for more than five years, it is time to buy a replacement.

2. Practice ATGATT Every Time You Ride.

As most riders know, ATGATT stands for “all the gear, all the time.” Whether you are headed out for a long weekend or you are simply commuting to work in downtown Chicago, gearing up will help reduce your risk of being injured in the event that you go down. Along with wearing a helmet, following ATGATT means wearing a motorcycle jacket and motorcycle-specific boots, gloves, and pants every time you ride. Most accidents occur within five miles of home, so it is important to gear up regardless of where your travels may take you.

3. Inspect Your Motorcycle Before You Hit the Road.

Conducting a basic inspection before you hit the road can alert you to many potential issues that could increase your risk of being injured in a collision. It only takes a minute or two (at most), but it can save you a lifetime of consequences. Before you pull out of your driveway or parking lot, check your headlight, taillight, brake light, turn signals, tire pressure, oil level, controls, and chain lubrication to make sure everything is in order. If something seems wrong, don’t chance it. It isn’t worth it, and by staying safe you will ensure that you have another chance to ride.

4. Make Sure You Know Your Route.

These days, you can mount your smartphone on your handle bars and follow GPS directions just about anywhere. But, following GPS directions can also be distracting; and, if you do not know exactly where you are going, the need to make sudden turns and lane changes becomes much more likely. To avoid these issues, plan your route in advance, and take the time to study it if necessary. If you can keep your eyes on the road and avoid the need for sudden maneuvers, this will greatly reduce your risk of being injured due to another motorist’s recklessness or lack of attentiveness to their surroundings.

If you get lost or need to get reoriented, find a safe place to pull over. While this may cost you a few minutes, it could also save you from suddenly finding yourself in a dangerous situation.

5. Know the Warning Signs of Drunk, Distracted, and Inattentive Driving.

When you are on the road, you cannot control what other motorists choose to do, but you can protect yourself from their mistakes in some cases. As a motorcycle rider, it is a good idea to familiarize yourself with the warning signs of drunk, distracted, and inattentive driving. If you observe any of these behaviors while you are riding, leave plenty of buffer in front of you, and give the driver a wide berth if you need to pass:

  • Weaving within the driver’s lane or drifting across lanes
  • Sudden braking and/or acceleration in traffic
  • Changing lanes repeatedly without signaling
  • Running red lights and stop signs, and failing to yield when appropriate
  • Following too closely and/or repeatedly having near misses with other vehicles

6. Observe the Rules of the Road

Of course, as a motorcycle rider, you are bound to observe the rules of the road just like everyone else. This means obeying the speed limit, obeying all traffic signs and signals, using your signals before turning or changing lanes, and staying focused on the road at all times. Not only is this the law, but it is also one of the best ways to reduce your risk of injury – and to ensure that the other motorist will be held liable in the event of a collision.

7. Ride Within Your Limits

When riding on public roads, it is important to always stay within your limits. Riding in traffic is not the time to work on increasing your cornering speed or to test your motorcycle’s ABS. If you are not yet comfortable riding in heavy congestion, time your rides for when less cars and trucks are likely to be on the road. If you are not comfortable riding in the rain, check the weather before you set off. When you are ready to test your limits, hire an instructor to teach you on a private track.

8. When in Doubt, Exercise Caution

If you approach a vehicle that is maneuvering erratically, slow down. If the sky turns cloudy and you are not prepared to drive on wet roads, find a place to take a break. If you have any reason to be concerned for your safety while riding your motorcycle, always err on the side of caution – even if it means that you may be late arriving to your destination.

9. Stay Calm and Ignore Aggressive Drivers

Aggressive driving is a common factor in motorcycle accidents and other vehicle collisions, especially in congested areas such as Chicago. If someone cuts you off, let it go. Do not try to get their attention, and do not “retaliate” by cutting them off at the next available opportunity. If someone tries to get your attention while you are riding your motorcycle, ignore them and stay focused on the road ahead.

10. Watch Out for Roadway Hazards

In addition to watching out for dangerous drivers, it is important to watch out for roadway hazards as well. Hazards that present minimal dangers to four-wheeled vehicles can present significant accident risks for motorcyclists. When encountered unexpectedly, gravel, grooved surfaces, oil patches, potholes, and other roadway hazards can all cause motorcycle riders to suddenly and dangerously lose control.

Protecting Your Legal Rights After a Motorcycle Accident

In addition to knowing how to reduce your risk of injury while riding your motorcycle in Chicago, it is important to know what to do if you get injured as well. If you are involved in a motorcycle accident in Chicago, you should:

  • Prioritize Your Safety – Above all else, if you go down while riding your motorcycle, you need to absolutely prioritize your safety. Get yourself out of the roadway (if you are able to do so), and seek medical treatment right away.
  • Collect Information about the Accident – If you are able to do so, take photos at the scene of the accident with your phone, and try to collect contact information from anyone who stopped to help. If the driver who hit you remained at the scene, take down his or her vehicle and insurance information.
  • Contact Your Insurance Company – You need to report the accident to your motorcycle insurance company, but you do not need to give a recorded statement. Tell the adjuster when and where the accident occurred, and then let him or her know that you are seeking legal representation.
  • Learn More about Your Case – The more you can learn about your situation, the better. Our motorcycle accident resource page is a good place to start.
  • Speak with a Motorcycle Accident Lawyer – Protecting your legal rights after a motorcycle accident involves many unique challenges. In order to ensure that you are able to recover maximum compensation for your injury-related losses, you should speak with an experienced attorney as soon as possible.

Contact the Chicago Motorcycle Accident Lawyers at Malman Law

At Malman Law, we are dedicated to protecting the rights of injured motorcycle riders in the Chicago area. If you have been injured in an accident, we encourage you to contact us for a free, no-obligation consultation about your legal rights. To speak with one of our experienced Chicago motorcycle accident lawyers in confidence, call 888-625-6265 or request your free consultation online now.

Motorcycle accidents often result in severe injuries, and the costs of recovering from these injuries can be substantial. If you have been seriously injured in a motorcycle accident in the Chicago area, here are 25 key facts about your claim for financial compensation:

1. Motorcycle Accidents are Becoming More Common in the Chicago Area.

According to data from the Illinois Department of Transportation (IDOT), motorcycle accidents are on the rise. Over the past few years, we have consistently seen more serious and fatal motorcycle accidents in and around the Chicago area.

2. Motorcycle Accidents are Far More Likely than Other Types of Accidents to Result in Severe Injury or Death.

IDOT’s data also indicate that nearly 99 percent of motorcycle accidents result in injuries or death; and, while motorcycle accidents account for just over one percent of all vehicle collisions, they account for more than 14 percent of all accident-related fatalities.

3. Practicing ATGATT Can Help Protect You, but It Will Not Prevent All Injuries.

While it is recommended that all motorcycle riders follow ATGATT (which stands for “All the Gear, All the Time”), doing so will not necessarily protect you in the event of a crash. Broken bones, road rash, loss of limbs, and other types of severe traumatic injuries can occur even if you are fully clad in high-quality motorcycle riding gear.

4. Even if You Wear a Helmet, You Could Still Suffer a Concussion or Other Traumatic Brain Injury (TBI).

Likewise, while wearing a helmet can greatly reduce your risk of a severe or fatal head injury, riders who go down can still suffer concussions and other types of traumatic brain injuries (TBI). If you are experiencing symptoms of a concussion or other TBI, it is important that you seek medical attention right away.

5. Motorcycle Riders have the Same Legal Rights as Other Motor Vehicle Drivers and Passengers.

As a motorcycle rider, you have the same legal rights as everyone else on the road. Among other things, this means that you have the right to occupy your lane without interference from other vehicles, and you have the right to recover just compensation when a “cage” driver causes an accident.

6. The Process for Filing a Motorcycle Accident Claim is Similar to Filing a Car Accident Claim.

The process for filing a motorcycle claim is largely the same as the process for filing a car accident claim as well. You should report the accident to your insurance company promptly; and, if the driver who hit you was at fault, his or her insurance company should “subrogate” your insurance company for any amounts paid to you directly.

7. Unfortunately, Many People have a Bias Against Motorcycle Riders.

However, securing payment after a motorcycle accident is rarely this straightforward. In fact, due to the bias against motorcycle riders, securing financial compensation after a motorcycle accident can often be more difficult than securing compensation after any other type of vehicle collision.

8. After a Motorcycle Accident, it is Up to You to Protect Your Legal Rights.

As a result, as an injured motorcycle rider, it is up to you to protect your legal rights. You need to be prepared to fight for what is right, and the best way to do this is to hire an experienced motorcycle accident lawyer to advocate on your behalf.

9. Regardless of the Type of Accident, You May be Entitled to a Financial Recovery.

When seeking compensation for injuries sustained in a motorcycle accident, the nature of your accident is not nearly as important as the cause. High-side accidents, low-side accidents, rear-end collisions, T-bone collisions, and all other types of motorcycle accidents can support claims for financial compensation.

10. There are Some Steps You Need to Take as Soon as Possible.

In addition to speaking with an attorney as soon as possible, there are some other steps you should take after a motorcycle accident in Chicago as well. These include seeking prompt medical attention, following your doctor’s advice, and writing down as many details about the accident as you can remember.

11. There are Also Some Critical Mistakes You Need to Try to Avoid.

When taking these steps, you also need to keep in mind some critical mistakes to avoid. Mistakes like giving a recorded statement, posting about the accident on social media, and returning to work too soon can all potentially jeopardize your financial recovery.

12. Many Common Driving Mistakes Can Cause Motorcycle Accidents.

On the road, it only takes a one mistake or a split-second loss of concentration for a driver to cause a serious motorcycle accident. Distracted driving, drunk driving, fatigued driving, speeding, merging without looking, and other driving mistakes are all common factors in serious and fatal motorcycle collisions.

13. You Will Need to Hire a Law Firm to Investigate the Scene of the Accident.

In order to recover just compensation, you will need proof that the driver who hit you made a mistake. This means that you will need to hire a law firm to conduct an investigation at the scene of the accident as soon as possible.

14. Evidence of Liability May be Available from Other Sources as Well.

In addition to evidence from the scene of the accident, other forms of evidence may be available as well. From cell phone records to security camera footage, there are various other forms of evidence that your attorney may be able to collect in order to prove your claim for just compensation.

15. As a Motorcycle Rider, the Insurance Companies Will Try to Blame You for Your Own Injuries.

When you file an insurance claim after a motorcycle accident, the insurance companies will almost certainly try to claim that you are to blame for your own injuries. Having evidence to prove liability is the only way to overcome the insurance companies’ tactics, and your lawyer will need to be prepared to advocate aggressively on your behalf.

16. You Cannot Trust the Insurance Companies to Treat You Fairly.

The insurance companies care about protecting their interests, not yours. If you try to deal with the insurance companies on your own (i.e. without legal representation), they will use every trick in the book to try to deny payment of just compensation.

17. Under Illinois Law, Injured Motorcycle Riders are Entitled to Just Compensation for All of Their Accident-Related Losses.

The term “just compensation” encompasses payment for all of your accident-related losses. This includes not only financial losses such as medical bills and lost wages, but pain and suffering, emotional trauma, and other types of non-financial losses as well.

18. This Includes Just Compensation for Current and Future Losses.  

Critically, “just compensation” also includes payment for current and future losses. If you have been seriously injured, your future losses may far exceed the losses you incur while your claim is pending.

19. Even if You Were Partially at Fault in Your Motorcycle Accident, You May Still be Able to File a Successful Insurance Claim.

Under Illinois’s law of “modified comparative fault,” even if the evidence suggests that you were partially at fault in your motorcycle accident, you could still be entitled to partial compensation.

20. You Should Speak with an Attorney Before Accepting Any Payment from Your Insurance Company or from the At-Fault Driver’s Insurer.

Once you accept a settlement, your motorcycle accident claim is over. As a result, before you accept any payment from the insurance companies, you should discuss the consequences with your attorney.

21. Hiring an Attorney is the Best Way to Protect Your Legal Rights After a Motorcycle Accident.

Due to the need to collect evidence, accurately calculate your losses, and protect yourself against the insurance companies, after a motorcycle accident it is strongly in your best interests to hire an attorney.

22. You Should Choose an Attorney Who has Specific Experience with Motorcycle Accidents in the Chicago Area.

When choosing an attorney, you should look for someone who has specific experience handling motorcycle accident claims in the Chicago area. Hiring an attorney who has years’ worth of relevant experience will give you the best chance to recover maximum compensation.

23. Your Initial Consultation Should be Free, and You Should Not have to Pay Anything Unless You Win Just Compensation.

Hiring an attorney for your motorcycle accident claim should not cost you anything out of pocket. Your initial consultation should be free, and you should only have to pay a contingency fee if you receive a favorable settlement or verdict.

24. Most Motorcycle Accident Insurance Claims are Resolved Without Going to Trial.

If an experienced motorcycle accident lawyer is willing to take your case, this means there is a strong chance that you will receive a settlement prior to trial. But, some cases do go to court; and, when choosing an attorney, it is important to make sure he or she is willing to fight for your rights in court if necessary.

25. Regardless of the Facts at Hand, You Owe it to Yourself to Speak with a Chicago Motorcycle Accident Lawyer Right Away.

No matter what happened, and no matter who you believe may be to blame, you owe it to yourself to speak with an attorney. To find out if you have a claim for just compensation, contact us to schedule a free initial consultation today.

Get Started with a Free Initial Motorcycle Accident Consultation at Malman Law

To schedule your free initial consultation with a Chicago motorcycle accident attorney at Malman Law, please call 888-625-6265 or contact us online. One of our attorneys will be happy to meet with you in person to discuss your legal rights in confidence. Remember, you pay nothing unless we win.

If you have been injured in a car accident in Chicago, there are some important facts you need to know. Here is a list of 25 key pieces of information prepared by the Chicago car accident lawyers at Malman Law:

1. You Should Always Call 911 After a Car Accident in Chicago.

Whenever you are involved in a car accident, you should always call 911. Tell the dispatcher where you are, and let him or her know that you need a police officer to respond to the scene of the accident. If necessary, ask for an ambulance to be dispatched to the accident scene as well.

2. You Should Also Always Seek Medical Attention.

Even if you do not believe that you need to ride to the hospital in an ambulance, you should still seek medical attention as soon as possible. The forces involved in a car accident can cause severe trauma, and you may need treatment even if you currently feel fine.

3. It is Important to Retain as Much Information about the Accident as Possible.

Be sure to keep any information you recorded at the scene of the accident. This includes any photos and video you took with your phone, as well as the other driver’s vehicle information and any witnesses’ contact information. As soon as you can, write down as many details about the accident as you can remember.

4. You Should Report the Accident to Your Insurance Company.

You will need to report the accident to your insurance company. You can file a claim using your insurance company’s phone app (if it has one), or you can call the claims phone number on the back of your insurance card.

5. You Should Not Give Your Insurance Company a Recorded Statement.

When reporting the accident to your insurer, you should strictly stick to the facts. Report when and where the accident happened, but do not say anything about how you think the accident happened or who you believe might have been to blame. If you give the insurance company a recorded statement, it will only use this statement against you.

6. There are Other Mistakes You Need to Avoid as Well.

In addition to giving a recorded statement to your insurance company, there are some other mistakes you need to avoid as well. Learn more: What are the Top 10 Mistakes to Avoid After a Car Accident in Chicago?

7. Most Car Accidents are the Result of Driver Negligence.

Driving mistakes are the most-common cause of car accidents in Chicago. In legal terms, a mistake that leads to a car accident is known as “negligence.” If someone else’s negligence is responsible for your injuries, you are entitled to just compensation under Illinois law.

8. Driver Negligence Can Take Many Different Forms.

Common forms of driver negligence include speeding, running red lights and stop signs, merging without looking, distracted driving, drunk driving, and falling asleep behind the wheel. In recent years, texting while driving has grown to become one of the leading causes of serious and fatal collisions.

9. Proving Driver Negligence (or Another Form of Fault) Requires a Thorough Investigation.

Regardless of the specific type of negligence that is to blame for your injuries, you will need proof in order to recover just compensation. In order to collect this proof, it is imperative that you hire a law firm to conduct an investigation as soon as possible.

10. You Should Never Assume that You were at Fault in a Car Accident.

No matter what happened, you should never assume that you were at fault (or even partially at fault) in a car accident. There are far too many potential factors for you to reach a sound conclusion until you have the results of your law firm’s investigation.

11. Even if You Were Partially at Fault, You Could Still have a Claim for Financial Compensation.

Furthermore, even if you were partially at fault, you could still be entitled to partial compensation. Since car accidents often cause substantial losses, even recovering a portion of your losses could still mean securing a sizable financial settlement or verdict.

12. Personal Injury Protection (PIP) or Medical Payment (MedPay) Insurance Can Provide No-Fault Coverage for Some of Your Expenses.

If you have PIP or MedPay under your auto insurance policy, this should provide no-fault coverage for a portion of your medical expenses and lost wages. This is called “no-fault” coverage because your insurance company is supposed to pay regardless of who was at fault in the accident.

13. Securing PIP or MedPay Coverage Is Not Always as Easy as it Should Be.

However, securing PIP or MedPay coverage can still be a challenge. Your insurance company may try to deny payment (or pay you as little as possible), so it is a good idea to let your law firm handle your no-fault insurance claim as well.

14. Most Successful Car Accident Claims Result in Insurance Settlements.

Whether you are limited to filing a PIP or MedPay claim or you are entitled to full fault-based compensation, your claim is likely to result in an insurance settlement. The vast majority of successful insurance claims settle without going to trial.

15. But, Some Car Accident Claims Go to Trial.

But, when you file a car accident claim, it is important to understand that going to trial may be necessary. If the insurance company refuses to offer a fair settlement, you will need a lawyer who is prepared to fight for your rights in court.

16. In Order to Maximize Your Financial Recovery, You Need to Know the Full Extent of Your Losses.

Before you even think about settling, you need to know what your claim is worth. In Illinois, car accident victims are entitled to recover all of their financial and non-financial losses.

17. Your Car Accident Claim Should Cover Your Future Losses in Addition to the Losses You have Incurred to Date.

Your claim for compensation should include your current and future losses. In fact, in cases involving severe traumatic injuries, accident victims’ future losses will typically exceed their losses through the date of their settlement or verdict.

18. Once You Settle, Your Car Accident Claim is Over.

Once you settle, your claim is over. As a result, before you accept an insurance check, you need to speak with your lawyer to make sure you are not waiving your right to additional compensation.

19. The Insurance Companies Do Not have to (and Will Not) Inform You of What Constitutes a Just Settlement.

No matter what they say on television, the insurance companies are not there to help you. When you file a claim, their only goal is to settle your claim for as little as possible.

20. Illinois has a Statute of Limitations for Car Accident Claims.

Under Illinois law, you have two years from the date of your car accident to file a claim for just compensation. Once this “statute of limitations” expires, you will not be able to file a claim.

21. Waiting Too Long to File a Claim Can Jeopardize Your Financial Recovery.

While Illinois’s statute of limitations for car accident claims may be two years, you do not want to wait any longer than necessary to file your claim. To protect your legal rights, you should speak with an attorney as soon as possible.

22. There are Many Ways an Experienced Lawyer Can Help with Your Car Accident Claim.

From helping you choose a doctor to calculating your future losses and dealing with the insurance companies, there are many ways an experienced lawyer can assist with your claim.

23. It Should Cost You Nothing Out of Pocket to Hire a Lawyer for Your Claim.

When you hire a personal injury lawyer to represent you, you should not be asked to pay anything out of pocket. With contingency-fee representation, you only pay if you win.

24. Your Lawyer Should Be Willing to Come to You if You are Injured or Unable to Travel to Downtown Chicago.

If you need to speak with a lawyer but are unable to get downtown, your lawyer should be willing to come to you. At Malman Law, we routinely meet with new clients all over the Chicago area.

25. Scheduling a Free Initial Consultation is the First Step on the Road to Recovery.

To protect your legal rights after a car accident in Chicago, your first step is simply to schedule a free initial consultation. At Malman Law, members of our legal team are available to speak with you 24/7, and we can act quickly to make sure we have the information we need to win the financial compensation you deserve.

Schedule a Free Consultation with a Chicago Car Accident Lawyer at Malman Law

Were you injured in a car accident in the Chicago area? If so, we encourage you to contact us immediately to discuss your case. To speak with an experienced personal injury attorney at Malman Law, call 888-625-6265 or get in touch online today.

If you have been injured in a car accident in Chicago, recovering your losses will most likely mean filing an insurance claim. In Illinois, auto insurance provides fault-based compensation for auto accident victims’ injuries (with the exception of optional personal injury protection (PIP) or “MedPay” insurance, which provides a modest amount of “no-fault” coverage); and, if you have been seriously injured, you may be entitled to substantial compensation from the at-fault driver’s insurer.

In Illinois, auto insurance covers all types of car accident injuries. Regardless of the nature and the extent of your injuries, if another driver (or some other third party) was at fault in the accident, you are entitled to just compensation for all of your accident-related losses. The following are 10 of the most-common types of auto accident-related injuries that are covered by auto insurance:

Top 10 Types of Injuries Covered by Auto Insurance

1. Broken Bones

Broken bones are common injuries in auto accidents, and the forces involved in a collision can easily be enough to compromise the largest bones in the human body. Broken arms, legs, fingers, toes, ribs, clavicles (collar bones), and other bones are all common, with fractures varying in type and severity depending on the specific cause involved. Types of bone fractures that can result from car accidents include:

  • Comminuted Fractures – Severe fractures that result in the bone breaking into several small fragments, often as the result of extreme force being applied in a traumatic event, such as a car crash.
  • Greenstick Fractures – When a bone breaks, or splits, along its length along its length but remains partially intact. Greenstick fractures are most common among children.
  • Transverse Fractures – When the bone breaks at 90 degrees perpendicular to its length, typically resulting from a direct and concentrated force impacting the body at the location of the fracture.
  • Oblique Fractures – Similar to transverse fractures, but where the break is at an angle other than 90 degrees. Oblique fractures typically result from sharp blows with force being applied from above or below the location of the fracture.

2. Burns

Burns can result from contact with objects that become hot due to friction during a crash, from airbag explosions, and from fires. Burns vary in severity, with the most-severe burns often requiring multiple surgical treatments and a long-term recovery process, and with many people experiencing permanent scarring and chronic pain and suffering. The degrees of burns that can result from car accidents are:

  • First Degree – Superficial burns characterized by red skin without blistering.
  • Second Degree – Blistering skin damage that extends beneath the outer layer.
  • Third Degree – Damage to all layers of the skin, resulting in a white and leathery appearance.
  • Fourth Degree – Damage to all layers of the skin and to the bones, joints, and/or tendons below the skin.

3. Facial Injuries

Injuries to the face can result from flying debris, blunt-force impact with a hard object (such as a dashboard or the back of a seat), the impact of an inflating airbag, and various other factors. Injuries to the eyes, ears, nose, jaw, cheekbones, and other facial structures are all common, with injuries including fractures, burns, soft tissue damage, and damage to the inner structures of the eyes and ears.

4. Neck Injuries

Neck injuries are among the most-common complaints after car accidents; and, despite its portrayal in movies and on television, whiplash is a very real – and very painful – injury. Individuals diagnosed with whiplash and other neck injuries will often face long and slow recoveries, and they may need to miss a significant amount of time from work until their injuries are fully healed. For more information on whiplash from car accidents, you can read:

5. Loss of Digits or Limbs

Losing a digit or limb is an extremely traumatic experience and one that, for most people, is completely unimaginable. Yet, these types of injuries often result from car accidents, leaving victims to cope with the resulting pain, mental anguish, and physical limitations for the rest of their lives.

In many cases, loss of a digit or limb occurs during the car accident itself. A driver’s or passenger’s arm, hand, finger, leg, foot, or toe may be severed by broken glass or sheared metal, or it may be lost due to being pinched or crushed between objects. In other cases, amputation may be necessary due to the extent of the internal damage sustained during the collision.

6. Organ Damage

While our bodies protect our organs pretty well, our bodies are simply no match for the extreme forces involved in a vehicle collision. Car accidents can cause damage to all of the internal organs, including:

  • Brain
  • Bladder
  • Heart
  • Intestines
  • Kidneys
  • Liver
  • Lungs
  • Reproductive organs
  • Sensory organs
  • Stomach

Depending on the extent of the damage caused, full recovery may or may not be possible, and organ function may or may not be fully restored. Surgery may be necessary, as may temporary or long-term use of assistive medical devices. Organ damage can cause various types of psychical limitations as well, and complications and other consequences can range from loss of fertility to renal failure.

7. Psychological Harm and Emotional Loss

In addition to suffering from severe and potentially life-changing physical injuries, car accident victims will often suffer from various forms of psychological harm and emotional loss as well. Being involved in a car accident can be a traumatizing experience, and the psychological effects of physical injuries – including being unable to work, feeling uncomfortable in public, and being unable to spend meaningful time with friends and family – can impact car accident victims for the rest of their lives. After a car accident, it is not unusual for injured drivers and passengers to experience psychological harm and emotional losses including:

8. Soft Tissue Injuries

The muscles, ligaments, and tendons in the body are collectively referred to as “soft tissue.” In a car accident, soft tissue injuries can result from lacerations and severe blunt-force impacts, and they can also result from twisting, stretching, compression, and contortion of the body leading to sprains, strains, and tears.

While minor sprains and strains will usually heal on their own, deep lacerations, tears, and other types of soft tissue injuries may require surgery. Soft tissue injuries can occur in all parts of the body, with injuries to the extremities and the neck being among the most common.

9. Spinal Cord Injuries

Spinal cord injuries range broadly in nature and severity, from herniated discs that can heal over time to spinal fractures that result in total and permanent paralysis. The financial costs of spinal cord injuries can easily reach into the hundreds of thousands or millions of dollars.

Along with traumatic brain injuries, spinal cord injuries are among the greatest risks associated with being involved in a vehicle collision. Back pain and stiffness are usually among the earliest symptoms (when a back injury does not result in immediate immobility), and anyone experiencing these symptoms in the days or weeks following a crash should seek medical attention immediately.

10. Traumatic Brain Injuries

Similar to spinal cord injuries, there are many different types of traumatic brain injuries (TBI), and these injuries can vary greatly in their immediate and long-term effects. That said, there is no such thing as a “minor” brain injury, and anyone who has experienced the symptoms of a TBI should seek medial attention right away. Types of traumatic brain injuries that can result from car accidents include:

  • Concussion – Concussions can result from a direct blow to the head or from violent movement of the head in the event of a collision. Although concussions range in severity, even “mild” concussions have the potential for long-term damaging effects.
  • Contusion – Contusions are bruises on the brain that typically result from direct impact to the head. While some brain contusions, like other bruises, can heal on their own over time, others may need to be surgically removed in order to prevent potentially-serious complications.
  • Coup-Contrecoup – A coup-contrecoup injury occurs when the brain impacts the skull and then bounces back and makes a second impact on the opposite side. The effects can be similar to those of concussions and contusions.
  • Diffuse Axonal Injury – Diffuse axonal injuries occur when shaking of the head causes the axons connecting various parts of the brain to tear due to the shearing or rotational forces involved. These injuries can cause widespread damage and potentially lead to long-term cognitive disabilities.
  • Hematoma – A hematoma is an injury that involves the pooling of blood inside of the brain. There are different types of hematomas characterized by the location of the pooling (epidural, subdural, subarachnoid, and intracerebral), each with its own potential effects and complications.

Discuss Your Legal Rights with a Chicago Car Accident Attorney at Malman Law

If you have been injured in a car accident in Chicago and you would like more information about your legal rights, we encourage you to contact us for a free, no-obligation consultation. To discuss your insurance claim with one of our experienced attorneys, call 888-625-6265 or tell us about your accident online now.

If you have been injured in a car accident in Chicago you may be entitled to financial compensation. In fact, at Malman Law, we have helped our clients recover more than $250 million in financial compensation over the past 25 years. That is a lot of money; and, while the outcome of a car accident case is never guaranteed, there are some key steps you can take in order to improve your chances of securing just compensation for your injury-related losses.

In addition to taking these steps, there are also some critical mistakes you need to avoid. Not only can these mistakes make it more difficult for you to secure maximum compensation for your losses, but some of them can potentially jeopardize your claim entirely. In order to protect your legal rights, you need to make sound decisions, and this means knowing both what to do and what not to do in the aftermath of a collision.

So, what mistakes do you need to avoid after a car accident in Chicago?

Mistake #10: Posting about the Accident on Social Media

Don’t post pictures from the scene of the accident on Instagram. Don’t write a post describing the accident for your friends and family on Facebook. Don’t tweet about the accident, and don’t post anything about the accident on any other social media platform. In fact, while your car accident claim is pending, it is best that you try to stay off of social media entirely.

Why? When you have an insurance claim, the insurance company will be looking for any possible excuse to deny payment of just compensation. In today’s world, if you post photos or information online, the insurance companies will be watching. They will be closely scrutinizing your social media posts for anything they can use against you, and even posts that seem harmless could potentially end up creating huge problems for your claim.

Mistake #9: Giving a Recorded Statement to Your Insurance Company

In the same vein, when dealing with your insurance company directly, you do not want to provide any more information than is absolutely necessary. As a result, while you should file a claim promptly, you should not give a recorded statement. Remember, when you call your insurance company, the entire conversation is usually being recorded. So, aside from reporting where and when the accident happened, you should not say anything to your adjuster over the phone.

Mistake #8: Failing to Report the Accident to Your Insurance Company

However, you do still need to report the accident as soon as possible. Not only will this start the process moving, but it may also be necessary in order to preserve your claim for financial compensation. Standard auto insurance policies require policy holders to report all accidents resulting in vehicle damage; so, even if you are fairly certain that the other driver was at fault, you still need to contact your insurer. Your insurance company will then contact the at-fault driver’s insurer, and the process will proceed from there.

Many people get apprehensive about contact their insurance companies. They worry that they will say something they shouldn’t, and they get concerned that they may get talked into an unfair settlement. If you feel uneasy about calling your insurer, this is absolutely something that our legal team can handle on your behalf. But, once again, time is of the essence, so we encourage you to contact us right away.

Mistake #7: Going to Your Insurance Company’s “Preferred” Repair Shop

Among the tactics the insurance companies use to limit their financial liability is trying to send their policy holders to “preferred” repair shops. Generally speaking, these shops are “preferred” not because they do great work, but because they do a high volume of work at a discounted rate. While your adjuster is not likely to tell you, you should be able to go to a repair shop of your choice – if nothing else it is a good idea to at least get an estimate that you can compare to the one prepared by your insurance company’s preferred service provider.

Mistake #6: Signing a Medical Release to “Verify Your Injuries”

Another tactic the insurance companies use to gather information is to ask accident victims to sign a medical release. However, adjusters often do not refer to this document by name, and you may be told that you need to sign so that the insurance company can “verify your injuries” so that it can make payment on your claim. Do not be fooled. You do not have to sign a medical release, you should not sign a medical release; and, if you do sign one, you will be giving your insurance company access to private, personal health information that you will almost certainly rather keep to yourself.

Mistake #5: Accepting Payment Before You Know the Extent of Your Losses

If the other driver was 100% at fault in the accident, you are entitled to recover full compensation for all of your accident-related losses. This includes current and future losses, and it includes losses that are financial and non-financial in nature.

Before accepting payment from the insurance companies, it is imperative that you know the full value of your claim. If you do not know how much you medical care will cost in the future, and if you do not know how to place a monetary value on your pain and suffering, then there is an extremely high likelihood that you are going to end up settling for less (and perhaps far less) than you deserve. At Malman Law, we work with trusted physicians and other professionals to ensure that we are seeking full value for our clients’ physical, psychological, and financial losses.

Mistake #4: Accepting Payment Without Reading the Fine Print

If you are considering accepting a payment from the insurance companies, you need to make sure you read the fine print. If you do not understand the complex legalese, then ask a lawyer to explain what you are signing. Most likely, when you accept payment, you will be agreeing to waive your right to seek any additional compensation for your injury-related losses. This includes not only filing a claim with the payor, but filing a claim with any other insurance company and even filing a lawsuit directly against the at-fault driver.

In other words, when you have an insurance claim, you only get one chance to secure just compensation. If you settle too soon, any losses that are not covered by your settlement will be yours to bear. The losses stemming from a car accident can be substantial; and, to ensure that you are not unnecessarily and unknowingly subjecting yourself to a lifetime of financial strain, it is critically important not to sign anything without the benefit of experienced legal representation.

Mistake #3: Letting the Insurance Companies Dictate the Outcome of Your Claim

If you do not take control of your insurance claim, the insurance companies will take control of it for you. They will dictate the pace of your claim, and they will determine how much compensation you receive for your injuries. None of this is ideal, and putting the outcome of your claim in the hands of the insurance companies is the surest way to receive less than you deserve.

When you have an insurance claim, you need to control the process. You need to keep the pressure on, and you need to fight for the full compensation to which you are entitled under Illinois law. You need to make sure the insurance companies do not take advantage of you, and you need to make informed decisions at every step along the way.

Mistake #2: Not Seeking Medical Attention Right Away

When you get injured in a car accident in Chicago, your first priority should be to obtain medical treatment as soon as possible. The forces involved in car accidents can cause severe traumatic injuries, and the effects of these injuries will not always be readily apparent. By seeking medical treatment promptly, you can obtain an accurate diagnosis that links your injuries to the accident, and you can get started on the road to recovery right away.

Mistake #1: Not Discussing Your Legal Rights with an Attorney

Due to the complexity of car accident insurance claims and the risks involved in making mistakes along the way, it is strongly in your best interests to discuss your case with an experienced attorney. Your attorney will be able to deal with the insurance companies for you; and, if necessary, he or she will be able to take your case to trial in order to win just compensation.

Schedule a Free Car Accident Consultation in Chicago, IL

At Malman Law, we offer free initial consultations to car accident victims in Chicago, and we do not charge any fees or costs unless we win just compensation. To learn more about your rights and get the help you need to win the financial compensation you deserve, call 888-625-6265 or contact us online today.

As a motorcycle rider, you face certain risks every time you ride. No matter how skilled you are at riding, and no matter how careful you are to obey the law and ride within your limits, there is always a chance that someone else will hit you, total your bike, and leave you with serious injuries.

According to data from the Illinois Department of Transportation (IDOT), there are approximately 10 motorcycle accidents in the state every single day. Of these accidents, nearly 99 percent (3,465 out of 3,504) result in injuries or death. On average, a motorcycle rider dies in Illinois three days out of every week, and more than one in four motorcycle accidents results in an incapacitating injury or death.

Illinois Motorcycle Accident Statistics Published by IDOT

Currently, the latest data available on motorcycle accidents in Illinois are from 2016. According to IDOT, these data show that serious and fatal motorcycle accidents are on the rise:

“Motorcycle crashes accounted for 1.1 percent of all crashes in 2016. The number of motorcyclists killed increased by 4.8 percent, from 147 in 2015 to 154 in 2016. These motorcycle fatalities accounted for 14.3 percent of all fatalities in 2016. The number of motorcyclists injured – 2,692 – increased by 1.9 percent in 2016.”

You read that correctly: While motorcycle accidents accounted for just 1.1 percent of crashes in Illinois in 2016, they accounted for 14.3 percent of all vehicle-related fatalities. This means that motorcycle accidents are far more likely to result in death than collisions between passenger vehicles.

Other notable statistics on Illinois motorcycle accidents from IDOT include:

1. Approximately one quarter (943 out of 2,692) of all motorcycle riders injured suffer incapacitating injuries.

IDOT defines an incapacitating injury as, “[a]ny injury, other than a fatal injury, that prevents the injured person from walking, driving or normally continuing the activities he/she was capable of performing before the injury occurred.” Examples include severe lacerations; broken bones; and, other head, chest, and abdominal injuries.

2. Motorcycle accidents rarely result in severe injuries to the driver of the passenger vehicle involved.

Of the 3,504 motorcycle accidents in Illinois in 2016, at most, 29 resulted in incapacitating injuries to non-motorcyclists. We say “at most” because it is possible that multiple passenger vehicle occupants could have been injured in the same accident.

3. More than half of all motorcycle accidents occurred while the motorcycle was traveling “straight ahead.”

According to IDOT, 1,920 of all motorcycle accidents in Illinois in 2016 occurred while the motorcyclist was “going straight ahead.” This is by far the largest proportion of accidents. Aside from “other,” the next most-common maneuver involved in motorcycle accidents was skidding or loss of control, which was a factor in 385 accidents. Other maneuvers listed include riding in slow or stopped traffic (271 accidents), sitting parked (148 accidents), making a left turn (144 accidents), making a right turn (110 accidents), passing or overtaking (109 accidents), and changing lanes (57 accidents).

These statistics are particularly noteworthy because the contradict the popular notion that motorcycle riders are risktakers who ride dangerously and put themselves in harm’s way. According to IDOT, more motorcycle accidents occurred while the rider was parked than while riders were attempting to pass, overtake, or change lanes.

4. The majority of motorcycle accidents involve multi-vehicle collisions.

More than 53 percent of motorcycle accidents in 2016 involved multi-vehicle collisions, while less than 47 percent were single-vehicle accidents. More multi-vehicle accidents resulted in injuries and death than single-vehicle accidents as well. While 47 percent is not an insignificant portion of the total number of accidents, what this single-vehicle accident figure likely belies is the fact that single-vehicle motorcycle accidents are often the result of riders being forced off of the road and into other dangerous situations by careless passenger vehicle drivers.

5. Motorcycle accident rates increased in Illinois despite a nationwide decline.

While the number of serious and fatal motorcycle accidents in Illinois increased in 2016, according to the Insurance Information Institute (III), the rate of serious and fatal motorcycle accidents nationwide is on the decline. What accounts for this disparity is not immediately clear, although the high volume of traffic in and around Chicago and other cities, Illinois’s often-harsh winter weather, and various other factors could all potentially be to blame.

Chicago Motorcycle Accident Statistics Published by IDOT

So, that’s Illinois. What about Chicago? IDOT publishes city-specific (and county-specific) crash data as well; and, here too, the most-recent data are currently from 2016. According to IDOT’s vehicle collision data for Chicago:

  • In 2016, there were 524 motorcycle accidents in the city of Chicago.
  • Of these 524 accidents, 12 were fatal and 263 resulted in injuries.
  • Approximately one in four motorcycle riders injured in Chicago in 2016 suffered one or more incapacitating injuries.

A few facts about these statistics stand out. For one, while approximately 99 percent of motorcycle accidents statewide resulted in injuries or death, in Chicago this number drops significantly to 52 percent (although it appears that there may be some inconsistencies between the statewide and city-specific data). Additionally, while Chicago is home to approximately 21 percent of the state’s population, less than 15 percent of all motorcycle accidents statewide occurred in Chicago in 2016. Interestingly, however, while the overall rate of injury-involved motorcycle accidents was lower in Chicago, a similar proportion of these accidents still resulted in incapacitating injuries.

What Should You Do if You Have Been Injured in a Chicago Motorcycle Accident?

Based on these statistics, if you have been seriously injured in a motorcycle accident in the Chicago area, you are not alone. People have stood in your shoes before, and many of them have succeeded in recovering just compensation for their injury-related losses. Here are some steps you can take after a motorcycle accident to improve your chances of securing a financial recovery:

  • Follow your doctor’s advice. After any type of accident, one of the most-important things you can do is to follow you doctor’s advice. If you have suffered severe traumatic injuries, it will take time for your body to recover, and there is most likely sound medical reasoning behind your doctor’s treatment and recovery recommendations. Seek a second opinion if you feel that one is necessary; but, no matter what you do, do not simply ignore your doctor’s advice.
  • Avoid the temptation to ride. For most riders, one of the first things they want to do after getting knocked off is to get back in the saddle. But, until your doctor clears you to ride again, you need to avoid the temptation to do so. Not only is this something that the insurance companies could use against you; but, if you are physically limited due to your injuries, you could be putting yourself at greater risk for additional harm.
  • Start keeping records. In order to prove your claim, you will need evidence of the cause and effects of your injuries. While your attorney will need to hire an investigator to visit the scene as soon as possible, there are steps you can take to help prove your claim as well. These include keeping copies of all medical bills and receipts related to your injuries, keeping copies of any relevant employment records, and keeping a daily log or journal that details your injuries’ impacts on your life.
  • Keep the details to yourself. While you want to try to gather as much information to support your claim as possible, you also want to be sure to keep all of this information to yourself. Don’t give extra details to the insurance companies, and don’t post about the accident on social media. There will come a time to tell your story; but, for now, any discussions regarding the accident should only take place between you and your attorney.
  • Speak with a motorcycle accident lawyer. Due to the challenges involved in securing just compensation after a motorcycle accident and the risks associated with dealing with the insurance companies on your own, it is strongly in your best interests to hire an experienced attorney. You should choose a lawyer who has particular experience with motorcycle accident claims, and who is familiar with the local roads and highways in and around Chicago.

Ultimately, the statistics on motorcycle accidents mean little for your rights as an injured rider. While these statistics show that accidents involving passenger vehicles are common, it is up to you to protect your rights in your case. At Malman Law, we have over 25 years of experience representing injured riders in the Chicago area. If you have been injured and you are serious about maximizing your financial recovery, we encourage you to contact us for a free initial consultation.

Schedule a Free Motorcycle Accident Consultation in Chicago, IL

For more information about your legal rights after a motorcycle accident in the Chicago area, please contact us to schedule a free initial consultation with one of our experienced attorneys. To speak with a Chicago motorcycle accident lawyer at Malman Law as soon as possible, call 888-625-6265 or tell us how we can reach you online now.

You were injured in a motorcycle accident in Chicago, and the driver who hit you was clearly at fault. But, he or she is claiming that you, “came out of nowhere,” and you are concerned that the insurance companies are going to try to blame you for causing your own injuries. So, what can you do to prove that you are entitled to financial compensation?

Unfortunately, this is an all-too-common scenario in cases of motorcycle accidents. Drivers routinely make mistakes, and they routinely deny playing any role in causing the collision. Over the past 25 years, we have heard every excuse in the book, and we have seen the insurance companies come up with all types of “justifications” for denying payment to injured riders.

Proving Fault After a Motorcycle Accident in Chicago

The good news is that, if there is evidence to prove liability, then the truth can prevail. In most cases, if the driver who hit you was at fault, there will be evidence available. Typically, there are three primary sources of evidence to prove liability after a motorcycle accident: (i) the scene of the accident, (ii) third-party records and recordings, and (iii) the at-fault driver.

1. Evidence from the Scene of the Accident

The Damage to Your Motorcycle

The first source of evidence for your motorcycle accident claim is the damage to your bike itself. Even if your bike was totaled in the accident, the extent of the damage can provide invaluable information about where you were hit and how fast both vehicles were traveling at the time of the crash. A forensic inspection of your damaged motorcycle can also identify any defects that may have caused or contributed to the collision.

The Damage to the Other Vehicle

The damage to the other vehicle can provide a wealth of information as well; and, in many cases, it can provide more information than a completely totaled motorcycle. For example, the damage to the other vehicle can tell us things like:

  • Where did your motorcycle and the other vehicle collide (i.e. were you rear-ended, sideswiped or T-boned)?
  • How fast was the other driver traveling when he or she hit you?
  • How severe was the force of impact in the collision?

Location, Road and Weather Conditions, and Traffic Patterns

A forensic investigation at the scene of the accident can also provide important information about the location where the accident occurred as well as the traffic patterns in the area and the road and weather conditions at the time of the collision. Combined with the damage to your motorcycle, the other vehicle, and the various other types of evidence discussed below, this information can help to paint a comprehensive picture of the events leading up to your motorcycle crash.

Skid Marks and Road Damage

The length and location of skid marks can be a key factor in determining fault in an accident. Among other things, skid marks can tell us things like how fast both vehicles where traveling and how quickly (and how harshly) the other driver braked in an attempt to avoid the collision. Skid marks can also tell us if the other driver failed to brake until after making contact with your motorcycle. Gouges in the road from your foot pegs and handlebars can provide similar information, as can the location and extent of any damage to signs, utility poles, guardrails, and other stationary objects at or near the scene of the crash.

Eye Witness Accounts

If anyone witnessed the accident, including your passenger if you were riding two-up, these witnesses may be able to provide an account of what happened in the crash. Especially if multiple witnesses describe the same version of events, eyewitness testimony can be a powerful source of evidence in the event that you need to take your claim to court.

2. Evidence from Third-Party Sources

The Police Report

If you or anyone else called 911 from the scene of the accident, the police should have responded, and the responding officer should have prepared a police report. You are entitled to see a copy of the police report, and the report should detail the responding officer’s understanding of what happened and who was at fault in the crash.

Traffic Camera and Security Camera Footage

Was your motorcycle accident caught on camera? In today’s world, cameras are everywhere, and whether your accident occurred on I-90 or in downtown Chicago, there is a decent chance that it was recorded. If a traffic camera or a business’s security camera captured the crash, it may be possible to obtain a copy of the footage to help prove your claim. However, since these recordings are often automatically recorded over, it will be important to begin trying to obtain the footage as soon as possible.

Phone Records

Are you a victim of distracted driving? Over the last few years, distracted driving has become a leading cause of vehicle collisions (including motorcycle accidents), and most cases of distracted driving involve someone who was talking or texting behind the wheel at the time of the crash. If you were injured by a distracted driver, our lawyers may be able to subpoena his or her phone records in order to prove that he or she was on the phone at the time of the crash.

3. Evidence from the Other Driver

Social Media Posts

In some cases, distracted driving can also involve posting on social media. If you were injured by someone who was attempting to tweet or post a selfie, then his or her social media post may be all you need to prove your claim for compensation.

Reviewing the driver’s social media posts after the crash can potentially provide evidence to support your claim as well. Posting on social media is one of the mistakes we tell our clients to avoid, and photos from the scene, comments about the accident, and other posts can all help to establish liability for your injuries.

Deposition Testimony

If you need to file a lawsuit or go to arbitration in order to recover just compensation, you attorneys may seek to obtain the other driver’s testimony in a deposition. A deposition involves questioning under oath, and taking the at-fault driver’s testimony can provide both important evidence and important leverage for negotiating a settlement prior to trial.

A Guilty Plea or Confession in Criminal Court

If the driver who hit you was charged with driving under the influence (DUI) or any other traffic offense or crime, then a guilty plea or confession in court could potentially be used as evidence in your case as well. However, there are limits on the admissibility and relevance of criminal proceedings in civil personal injury cases, and your attorney will need to determine whether (and, if so, to what extent), the driver’s guilty plea or confession can be used in your favor.

Of course, your version of the events matters as well; and, after being involved in a motorcycle accident, it is a good idea to write down as many details as you can remember as soon as possible. Where were you within your lane when you got hit? Did you see where the driver was looking in the moments leading up to the crash? Did your motorcycle respond to acceleration or braking as you expected? Did the driver swerve into your lane, run a stop sign, or speed up to “beat” a yellow light? These are all important facts for your attorney to know, and sharing these types of details with your attorney can help lead to the discovery of additional evidence.

Proving Your Financial and Non-Financial Losses After a Motorcycle Accident

When seeking financial compensation for a motorcycle accident, in addition to proving the cause of the accident, you also need to prove the extent of your financial and non-financial losses. These “damages” represent the amount you are entitled to recover; and, until you know how much you have lost, you will not know what constitutes “just compensation” in your case. Recoverable losses include out-of-pocket expenses (including medical bills), lost income, pain and suffering, and other current and future losses, and calculating these losses requires the knowledge and insights of an experienced motorcycle accident attorney.

For more information about proving your financial and non-financial losses after a motorcycle accident in Chicago, you can read:

Discuss Your Case with a Chicago Motorcycle Accident Attorney at Malman Law

In order to recover the evidence needed to prove your claim, it will be important to conduct an investigation as soon as possible. At Malman Law, we are available to speak with you 24/7. To discuss your case with one of our experienced motorcycle accident attorneys, call 888-625-6265 or request a free consultation online now. With our Zero Fee Guarantee, you pay nothing unless we win just compensation.