What Does a Motorcycle Accident Lawyer Do?

Friday, September 22, 2023

What Does a Motorcycle Accident Lawyer Do?

Written by Malman Law, reviewed by Steve J. Malman.

In a recent year, there were 5,932 motorcyclist fatalities in the United States. If you have been the victim of a motorcycle accident, you need legal representation that you can count on.

A motorcycle accident lawyer will help in gathering evidence, filing your claim with the insurance company, and taking your case to court if necessary. At Malman Law, we take a personal interest in helping you succeed in your motorcycle accident case.

Gathering Evidence

An important element of any claim is having sufficient evidence. A motorcycle accident lawyer will gather any pertinent evidence to help support your claim.

Pertinent information in a motorcycle accident claim may include:

• Video surveillance: many passenger vehicle drivers have dashcams; a dashcam that took footage of the accident will show what events took place before and during the accident
• Photographs: any photos taken at the scene of the accident, such as broken tail lights, skid marks, or property damage, can be valuable in proving your case
• Eyewitness testimony: a witness who observed the accident may be able to provide important information regarding how the accident occurred
• Police Report: if the police are called to the accident scene, the officer will note the time and location of the accident and will also provide his or her assessment of which driver is at fault for the accident

In furthering our investigation, we often work with accident reconstruction experts to recreate the scene of the accident. These experts will investigate your accident and create a report on any of their findings.

Accident reconstruction experts will help to fill in any “holes” that might be present in readily available evidence. They will be able to answer any questions regarding which driver was negligent.

Filing an Insurance Claim

After an accident, you will be filing claims for both bodily injury and property damage. In Illinois, all claims are filed with the at-fault driver’s insurer.

You will need to provide the following information to the insurance company:

• The extent of liability the insured holds in the accident
• Evidence and calculations of your damages (lost wages, medical bills, pain and suffering, etc.)
• The correlation of your damages to the accident

Illinois insurance laws require an insurance company to provide a written explanation for any delay in processing an automobile property damage liability claim within 60 days of the date that the accident was reported.

The insurance company’s objective is to pay as little as possible on your claim, but we won’t stop negotiations until you get the compensation that you deserve.

Taking Your Case to Court

Most motorcycle accident cases are settled out-of-court, but if you are unable to come to a settlement with the insurance company, you may need to go to court. A motorcycle accident lawyer will be well-versed in court rules and will know what court forms need to be submitted and when they are due.

If you do file a lawsuit, your motorcycle accident lawyer will be able to gather information through discovery. Discovery is a phase of litigation by which both parties can exchange information. Discovery may involve:

• Interrogatories: a formal set of written questions submitted to the adverse party
• Depositions: out-of-court testimony given under oath; each party can question a set of witnesses, including the opposing party’s witnesses
• Requests for admission: one party asks the opposing party to admit or deny a set of statements
• Requests for production: requests for electronic documentation and other physical evidence submitted to the adverse party

Discovery is an important step in preparing your case for trial. Your attorney will know what questions to ask and what information to request to be successful in court.

A Chicago Motorcycle Accident Lawyer Offering Trusted Representation

The last thing you want after a motorcycle accident is to end up in court. At Malman Law, we understand that you need compensation for your losses, whether it be financial or emotional damages. If you have been in a motorcycle accident, please contact our office to schedule your free consultation.