Motorcyclists are keenly aware of how vulnerable they are to getting an injury every time they ride their bikes. The National Highway Transportation Safety Administration (NHTSA) reports that there were 5,172 motorcyclists killed in a recent year, and per vehicle miles traveled, motorcycle fatalities occurred nearly 27 times more frequently than passenger car occupant fatalities in traffic crashes. The motorcycle accident injury rate was 440 per 100 million vehicle miles traveled, which was down by 71 from the previous year.
When an injury occurs, you might think that you can save yourself the time of searching for a motorcycle accident lawyer, and the money to work with one by trying to file an accident injury claim on your own. You are not going to get a second chance to pursue compensation for your injuries, nor are you likely to have the knowledge and experience required to prove your case and recover the maximum compensation available.
Here are just five of a long list of reasons for not trying to pursue a motorcycle accident injury claim on your own:
1. You should be focusing on regaining your health rather than trying to deal with the insurance company.
If you have suffered serious injuries which required medical attention and missed days at work, you are not going to be in any kind of shape to get out there and investigate the accident collect evidence, file paperwork and deal with the insurance company.
2. You do not know what evidence you need or how to collect it.
When you have been injured in a motorcycle crash and you want to pursue compensation, you will be required to prove the fault of the person who caused the crash. This means that you will be required to present evidence that the motorcycle crash caused your injuries. Do you know how to investigate a crash? Have you ever interviewed witnesses or analyzed a police report? If not, then you’re going to need some professional help to build the best case possible.
3. You do not know how, when or where to file the injury claim.
Do you know what is involved in preparing an injury claim? Have you identified all the possible defendants? There are deadlines for filings and other requirements. No one is going to take you by the hand and make sure that you have taken care of every detail, and one missed detail can ruin a case.
4. You do not know how to determine the potential value of your claim.
How will you respond when the insurance company offers to settle the case? How will you know if that amount is enough? The insurance company will typically open with a low offer and the ne next step is to negotiate your way up to a fairer figure. But, do you know how to figure out what your claim might be worth? Remember: the insurance company has a LOT of lawyers, and a LOT of money. They can afford to keep fighting.
5. You are not thoroughly knowledgeable about the law, or how to negotiate a settlement.
A personal injury claim for a motorcycle accident injury is complicated and time consuming. Every state’s law is different. Each state has its own statute of limitations, which is the legal time limit for taking legal action on a specific issue.
Do you understand the legal doctrine of modified comparative negligence, which might apply if you have contributed to causing the crash? If the insurance company brings up this issue, do you know how to respond? Will you still be able to recover damages?
The benefit of working with an experienced Chicago motorcycle accident attorney is that you will not have to give a single thought to any of the questions we have posed here. Your job is to rest, recover from your injuries and get back to your life and your work. Our job is to fight for fair compensation for you when your injury was a result of someone else’s negligence.
At Gainsberg Law, we have the knowledge and experience and have represented many motorcyclists who have been injured in crashes. If you have been injured, you are welcome to call 312-600-9585, or email us or visit our website at GainsbergLaw.com.
Neal S. Gainsberg has spent the last 20 years fighting to protect the rights of the injured in Chicago and throughout Illinois. From consumer rights and bankruptcy to catastrophic injuries and wrongful death, Mr. Gainsberg stands up to large corporations, insurance companies, creditors and hospital administrators to ensure that his clients’ futures are safe and secure. Learn More