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Motorcycle Accident Attorneys

Hurt in a motorcycle crash in Iowa or Illinois? VanDerGinst Law’s motorcycle injury lawyers help injured riders pursue compensation for medical bills, lost income and pain and suffering, from offices in Des Moines, Moline and Chicago, starting with a free consultation.

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Injured in a Motorcycle Crash?

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A Motorcycle Injury Lawyer Who Knows Iowa and Illinois

A motorcycle crash is not a smaller version of a car accident. Riders have no seat belt, no airbags and no steel frame between them and the road, so even a low-speed collision can mean a hospital stay, surgery and months away from work. Then the insurance company calls, often within days, and the adjuster's job is to pay as little as possible.

That is where a motorcycle injury lawyer earns their place. VanDerGinst Law is a personal injury law firm, and motorcycle accident cases are a regular part of our practice. Our motorcycle accident lawyers represent riders and passengers across Iowa and Illinois. That matters on a motorcycle, because a single summer ride can cross the state line more than once, and the law that governs your claim depends on the facts of the crash. Riders hurt in central Iowa can also read about our work as a Des Moines motorcycle accident lawyer.

When you call us, we take the insurance company off your plate. We gather the evidence, document your injuries and losses, deal with every adjuster, and pursue full and fair compensation while you focus on getting better.

Why Motorcycle Crashes Are So Dangerous

The numbers explain why motorcycle accident cases are different. All of the figures below come from the National Highway Traffic Safety Administration's 2023 motorcycle data:

  • NHTSA counted 6,335 motorcyclists killed on U.S. roads in 2023, 15 percent of all traffic deaths, and another 82,564 motorcyclists injured.
  • Per mile traveled, NHTSA found motorcyclists were almost 28 times more likely than passenger car occupants to die in a crash.

Behind every one of those numbers is a rider whose family had to deal with medical bills, lost wages and insurance companies at the worst possible time.

What Are the Common Causes of Motorcycle Accidents?

Many crashes that injure motorcyclists happen because another driver did not see the bike. The common causes of motorcycle accidents we see in our cases include:

  • Left turns across the rider's path. NHTSA's 2023 data shows that in 46 percent of fatal two-vehicle crashes involving a motorcycle in 2023, the other vehicle was turning left while the motorcycle was going straight, passing or overtaking.
  • Lane changes and blind spots. Drivers merge into a lane without checking for a motorcycle, forcing the rider off the road or into another vehicle.
  • Distracted driving. A driver looking at a phone has no chance of spotting a motorcycle in time.
  • Rear-end collisions. A driver who follows too closely or misjudges a stop can throw a rider from the motorcycle at a stoplight.
  • Road hazards. Potholes, gravel, uneven pavement, debris that falls from trucks and poorly marked construction zones are far more dangerous on two wheels than four. Twenty-four percent of motorcycles in fatal crashes in 2023 collided with fixed objects, NHTSA found, compared with 16 percent of passenger cars.
  • Large trucks. Wide turns, blind spots and unsecured loads put riders at risk, and these claims often involve a trucking company and its insurer as well as the driver. Our truck accident lawyers handle those cases too.
  • Defective parts. Brake, tire and steering failures can point to the manufacturer or a repair shop, not just another driver.

Identifying every cause matters, because each one can point to a different party who is responsible for paying your claim.

Common Motorcycle Accident Injuries

Because riders absorb the full force of a collision, motorcycle accident injuries tend to be serious and expensive to treat. The injuries we see most often include:

  • Road rash, which can range from abrasions to deep wounds that need skin grafts and leave permanent scarring
  • Head injuries, including traumatic brain injury, even when the rider was wearing a helmet
  • Spinal cord injury and back injuries, which can cause partial or complete paralysis
  • Broken bones, especially in the legs, hips, arms and collarbone
  • Torn ligaments, tendons and rotator cuffs that need surgery and long physical therapy
  • Amputation and other catastrophic injuries

Some of these injuries do not show their full effect for weeks. That is one reason we encourage injured riders not to settle a claim before their doctors understand the long-term picture.

Iowa and Illinois Motorcycle Accident Law, Side by Side

Iowa and Illinois handle motorcycle accident claims in similar ways, but the details are not identical. Here is how the key rules compare:

  Iowa Illinois
Deadline to file an injury lawsuit Generally within two years after the claim accrues (Iowa Code § 614.1) Generally within 2 years after the cause of action accrued (735 ILCS 5/13-202)
If the rider is partly at fault The rider is barred from recovering only if the rider's percentage of fault is greater than the combined fault of the other parties (the defendants, third-party defendants and anyone released from the claim), and any damages are reduced in proportion to the rider's fault (Iowa Code § 668.3) The rider is barred from recovering only if the rider's fault is more than 50% of the proximate cause of the injury, and any damages are reduced in proportion to the rider's fault (735 ILCS 5/2-1116)
Helmet rules As of 2023, no helmet requirement for motorcyclists of any age, according to NHTSA As of 2023, same as Iowa on helmets, per NHTSA. The operator and every passenger must be protected by glasses, goggles or a transparent shield (625 ILCS 5/11-1404)

 

A few practical points follow from these rules. The statute of limitations is strict in both states. Some claims run on shorter clocks: in Illinois, a civil action against a local public entity or its employees generally must be commenced within one year from the date the injury was received or the cause of action accrued (745 ILCS 10/8-101). That is one reason to talk with a motorcycle accident attorney early. And because both states reduce an award by the rider's share of fault, insurance companies often try to shift blame onto the rider for speed, lane position or helmet use. A careful investigation is the best answer to that tactic. For more on the rules of the road for Iowa riders, see our guide to Iowa motorcycle laws.

What If the Crash Happened Across the State Line?

You can still bring a claim, but which state's law applies, where the case is filed and which insurance policy pays depend on the facts, so the answer is worth getting early.

In the Quad Cities, riders cross the Mississippi every day, and plenty of Iowa riders spend summer weekends on Illinois roads and the other way around. When the rider, the other driver and the crash are not all in the same state, those questions can affect the value of the claim, whether it began as an Iowa motorcycle accident or an Illinois one. Our firm has offices in Des Moines, Moline and Chicago. Our founder, Dennis VanDerGinst, is licensed to practice in both Illinois and Iowa, so we can evaluate a cross-border motorcycle crash from both directions rather than handing it off.

How Our Motorcycle Accident Law Firm Handles Your Case

Our motorcycle accident lawyers handle the claim from the first call to the final check, so you can focus on recovering. Every case is different, but the process follows the same steps:

  1. Free consultation. We listen to what happened, answer your questions and explain your options. There is no attorney fee unless we win your injury case.
  2. Investigation. We gather the crash report, photos, witness statements, video and vehicle data, and we bring in reconstruction or medical professionals when a case needs them.
  3. Documenting your losses. We work with your providers to document your injuries, treatment, lost wages and the effect the crash has had on your daily life.
  4. Negotiation. We present the claim to the insurance companies and negotiate for fair compensation. Many cases resolve through settlement.
  5. Litigation when needed. If an insurer will not make a reasonable offer, we are prepared to file suit and take the case to trial.

What Compensation Can an Injured Rider Recover?

Injured motorcyclists often face losses that reach far beyond the repair bill, and depending on the facts, a motorcycle accident claim can include compensation for:

  • Medical bills, including emergency care, surgery, rehabilitation and future treatment
  • Lost wages and lost earning capacity if you cannot return to the same work
  • Pain and suffering and loss of enjoyment of life
  • Scarring, disfigurement and permanent impairment
  • Damage to your motorcycle and riding gear

When a crash takes a rider's life, the family may have a claim of its own. Our wrongful death attorney team handles those personal injury claims with care, and compensation in those cases can include funeral costs and the loss of a loved one's support and companionship.

Our motorcycle accident results include claims for a rider struck when a large drum fell from a truck, a couple rear-ended at a stoplight, a rider sideswiped and knocked from his bike, and a passenger hurt when the rider lost control. Past results do not guarantee, warrant or predict the outcome of future cases.

  • $150,000

    Motorcycle Accident

    Our clients were taking a twilight ride when a car rear-ended their motorcycle at a stoplight. Our firm negotiated a settlement of $150,000 for the couple’s medical bills and lost wages.

    $1,055,000

    Injuries Sustained in a Car Accident

    Our client sustained a below-the-knee amputation as a result of a collision with a semi-truck while he was tending to his disabled vehicle. Liability in this case was hotly contested but resolved after lengthy litigation.

    View More Results

  • Very impressed with how professional the staff handled my case.

    Travis T.

How Do You Choose the Best Motorcycle Accident Lawyer for Your Case?

The right motorcycle accident lawyer for you is one with real experience handling motorcycle claims, the resources to investigate a serious crash, and the willingness to go to court if the insurance company will not be fair. When you compare firms, ask:

  • How many motorcycle accident cases has the firm handled, and in which states?
  • Who will actually work on my case day to day?
  • How does the firm handle case costs, and what is the fee if there is no recovery?
  • Is the firm prepared to file suit if a fair settlement is not offered?
  • How will the firm keep me updated as the case moves forward?

A firm's published case results also show the kinds of claims it actually takes on.

Dennis VanDerGinst, our firm's founder, is licensed in Iowa, Illinois, Washington, D.C. and various federal courts. He holds Martindale-Hubbell's AV Preeminent rating and has been named to The National Trial Lawyers' Top 25 Motor Vehicle Accident Trial Lawyers. We encourage every rider to ask these questions of any motorcycle crash attorney they are considering, including us.

Serving Injured Riders Across Iowa and Illinois

VanDerGinst Law represents motorcycle accident victims statewide in Iowa and throughout Illinois from three offices:

  • Des Moines: 2742 Hubbell Ave, Des Moines, IA 50317.
  • Moline (Quad Cities): 4950 38th Ave, Moline, IL 61265, serving riders on both sides of the river, including Davenport, Bettendorf, Rock Island and Moline.
  • Chicago: 205 W. Randolph, Suite 1440, Chicago, IL 60606, for riders in the city and the north and northwest suburbs, including Schaumburg, Elgin and Mundelein. A rider who needs a Mundelein motorcycle accident lawyer can start with a free consultation. Riders hurt elsewhere in the state can visit our Illinois motorcycle accident lawyer

As Iowa and Illinois personal injury lawyers, we also handle the car and truck crashes that so often involve riders.

Motorcycle Accident FAQ

Should I hire a lawyer after a motorcycle accident?

If you were injured, it is usually worth a free consultation. Insurance companies often assume riders were careless, and an early recorded statement or quick settlement can limit what you recover. A lawyer can protect the claim while you treat, and you pay no attorney fee unless we win.

How much compensation can I get for a motorcycle accident?

Every claim is valued on its own facts, so no standard amount applies. The value depends on the severity of your injuries, your medical bills and lost income, how the injuries affect your life, the available insurance, and whether either side shares fault. We can give you a realistic view once we understand those facts.

How long does it take to settle a motorcycle accident claim?

Settling a motorcycle accident claim has no standard timeline: the time depends on how long treatment takes, how serious the injuries are, whether fault is disputed and whether a lawsuit is needed. We generally recommend waiting until your doctors understand your long-term recovery before settling.

What should I not say to the insurance company after a crash?

Do not admit fault, guess about speed or distances, or describe your injuries as minor before a doctor has evaluated you. Do not give a recorded statement or sign medical authorizations for the other driver's insurer until you have talked with a lawyer.

Can I still recover if I wasn't wearing a helmet?

Possibly. According to NHTSA, Illinois and Iowa did not require helmet use for motorcyclists of any age in 2023. An insurer may still argue that a helmet would have reduced a head injury, which is one reason to have a motorcycle accident attorney review the case.

Does the medical treatment I get affect my settlement?

Yes, because your medical records are the main evidence of your injuries. Follow your doctors' recommendations, keep every appointment and keep copies of your bills. Get the care you need for your recovery, not to change the value of a claim; insurers look closely at gaps in treatment and at care that does not match the injury.

What does a motorcycle crash attorney cost?

We handle motorcycle injury cases on a contingency fee basis. The consultation is free, and there is no attorney fee unless we win your injury case. We explain the fee agreement and how case costs are handled before you sign anything.

What should I do right after a motorcycle accident?

Get medical care, call the police so a crash report is made, and if you can do so safely, take photos of the scene, the vehicles and your injuries and get witness contact details. Keep your damaged gear. Before your next ride, our T-CLOCS pre-ride safety checklist is a good habit to build.

Talk With a Motorcycle Accident Lawyer Today

If you or someone you love was hurt in an Iowa motorcycle accident or a crash in Illinois, call our Des Moines office at 515-850-5405, call toll-free at 833-438-8529 or reach out online for a free consultation. We will listen, explain your options and tell you honestly how we can help.

 

This page is general information, not legal advice. Reading it does not create an attorney-client relationship.

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Hi there. Welcome to Legal Squeaks. I’m your host, Dennis VanDerGinst. And before we start discussing today’s topic, I’d like to ask you to please make sure you register or subscribe to Legal Squeaks on your favorite podcast platform.

It’s easy to do and it’s absolutely free. By doing so, you’ll be notified every time a new episode becomes available. And it also helps us track how successful we are with our content. You’ll also be able to view this podcast and all of our episodes at legalsqueaks.com.

So today’s topic is an important one. It’s what to do if you’re involved in a car accident. More than 10 million car and light truck crashes occur in the United States each year.

And even though there are fewer cars on the road since the Covid pandemic, in fact, 16 percent fewer, according to some sources, it’s ironic, but fewer drivers has actually led to more speeding to the tune of 27% increase and also hard braking incidents, up 25% as well as phone usage while driving, which is up 38%.

So the volume of car accidents hasn’t decreased, even though there are fewer cars on the road. The chances are that you or a close friend or family member has either been in a car accident at some point or will be in the future, even if it’s just a fender bender.

And when accidents like that happen, it’s easy to get anxious and stress. Adrenaline can prompt you to do things and say things that you should avoid. So it’s good to know in advance what you should do if you’re ever in that situation. So that’s what we’re going to talk about today.

The first thing is, as I mentioned, the adrenaline can get you pumped up. You want to try to remain calm. You won’t be able to make the important steps necessary in addressing the issues unless you are as calm as possible under the circumstances.

Always be sure to stop, first of all, when you’re in accident, don’t drive away from the scene of an accident, even if it’s a minor accident, because first of all, you may be overlooking opportunities to pursue compensation if you’ve sustained property damage or injury. And secondly, you could be facing criminal penalties, especially if you’re partially to blame in causing the accident. So always make sure you stop.

Once you’re stopped, first thing to do is check for injuries. Check yourself, check any of the passengers in your vehicle to see if there are any visible injuries and then call 911 one or ask someone else to do so if it appears that anyone is hurt, either in your vehicle or another vehicle that’s been involved in the accident. If you’re seriously injured, try not to move until help arrives to attend to your injuries.

Next, you want to determine what to do with your your vehicle. Now, that, of course, presupposes that your injuries allow you to assess that situation. If so, then you can determine whether your vehicle should be moved. Ideally, vehicles should be left safely where they came to rest so that if necessary, they’re in the same position they came to rest for purposes of accident reconstruction in order to determine where liability issues might exist.

So in other words, let the cars remain where they are, if they can be left there safely, so that a determination can be made with respect to who was at fault. But make sure that you’re in a safe location, even if you leave the vehicle where it came to rest. If the vehicles pose a hazard to you or to other people, then of course they should be moved to ensure safety.

In that case, you’ll want to pull them to the shoulder of the road or otherwise out of the way of approaching vehicles. If you can, you’re going to want to also make sure that you turned the hazard lights on. You can prevent further accidents by sending up flares if you have them, especially if it’s dark out. And if your lights aren’t working. You should prepare for things like this by making sure you also have a flashlight in your car at all times so that if you do have to be on the side of the road and it’s dark, you can at least have the light, the flashlight on to make sure oncoming vehicles can see that you’re there so that they can avoid causing further harm.

Next, make sure you keep a cool head, even if you know that the other person is clearly at fault, try not to yell and become angry. If the other person does so, avoid a confrontation or an argument. Don’t assign fault and important, importantly, also, don’t admit guilt to the other persons who are at the scene.

Next, you’re going to want to document the accident. Now, what I mean by that is if your injuries allow you to do so and you have a phone with a camera or video on it or otherwise have a camera or video recorder available, take photos and or videos of the scene.

What you want to depict are the roadway itself and the nearby traffic controls. You want to show the position of the vehicles where they came to rest after the accident. And if they were moved, you want to also show where they were eventually moved. You want to show the damage to the exterior and the interior of the vehicles that were involved. You want to show debris like broken glass. If if there, if there are such, if there is such evidence of debris. You’re also going to want to show skid marks. You want to show the vehicle license plates.

In addition, you want to gather information from witnesses to the accident. The contact information, their names, what they might recall as far as the scene of the accident. Take note of any potential traffic cameras or security cameras in the in the area because they might have actually picked up footage of the accident. One thing you might want to be aware of also is that if there are ATMs, automatic teller machines, nearby don’t rule out the possibility that the cameras in those machines may have actually picked up footage of the accident.

You also want to note the weather and the road conditions. If, if you can’t take pictures, you’ll want to make a diagram while everything is still fresh in your mind or record it on on your your phone with audio, if possible.

Next, call the police. If nobody else has done so, it’s a good idea to call the police, even if it doesn’t appear that there are any serious injuries. You may need to make a police report in order to file a claim with your insurance company, even if it’s just a claim for damage to your vehicle.

The vehicles that are involved in the accident, as I mentioned before, should remain where they are unless they interfere with traffic. That way, when the police arrive, they can make a determination as to how the accident occurred and perhaps assess liability by issuing tickets or traffic citations.

When the police arrive, make sure you tell the officer or the officers exactly what happened. If you don’t know certain facts, tell that to the officer. Don’t speculate, don’t guess. Don’t misstate any of the facts.

If you’re asked if you are injured and you’re not sure, tell them that you’re not sure rather than saying, no, you’re not, not injured. Because often the pain and injuries from the accident don’t become apparent for hours, sometimes even days. So don’t say no or that might be held against you later on when you find out that you’re actually hurting from the accident. You should also make sure that the statements that are made by other persons who were either involved or witnessed the accident are accurate as well.

Be sure to write down the name, the badge number and the agency of the law enforcement officer who responds to your crash and prepares the traffic crash report. Also, make sure you get the report number. You should be able to contact that law enforcement agency within a day or two after the crash and request a copy of the report. In many instances, you’re just going to leave that up to an attorney, assuming that you do hire an attorney to help you, and I’m going to tell you why you should do that in just a moment.

In some states such as Illinois, you also have a legal duty to file a written report with the state’s Department of Transportation. Now, if you’re in a car wreck, when you’re in a different state, it’s best to always call 911 one to make sure that you are compliant with the state laws and to properly document what happened. If the police can’t come to the scene of your accident or if they have to leave before they take a report or they don’t show up because nobody seems to be hurt or the involved vehicles are not blocking traffic, et cetera, don’t panic.

Just make sure you go to the nearest police station and file a report as soon as possible after the accident. Most states allow up to seventy two hours to make a police report, but the laws vary by state. So get there as soon as possible if the police cannot arrive at the scene.

Next, exchange information with the other driver. Now, typically, an investigating officer will obtain that information for you or your insurance company may also do that.

But regardless of whether injuries are seemingly involved or if the police is called, you need to exchange certain relevant information with the other driver. State laws differ on what information you’re expected to exchange, but at very minimum, you’re going to want to get the other driver’s name and insurance information. You should ask to see the other drivers insurance card and if possible, look at that person’s license to confirm that the name and address that they give you are accurate. I’m not suggesting that people don’t give that information accurately, but you can assume that it does occur on occasion.

Also, don’t make any side deals with the other drivers to accept or pay cash for the accident instead of filing an insurance claim. Even if the other driver offers a significant amount of money or claims that they have no auto insurance, it generally creates more problems than it solves. So don’t cut those deals. If they tell you they don’t have insurance coverage again, let an attorney address that issue for you later on.

Important: get emergency medical attention if it’s necessary. All of the other things that I’ve mentioned here may not be addressed immediately if you have acute injuries that require immediate medical attention. Your health and well-being comes first.

Along those lines, don’t reject the emergency care at the scene, nor an ambulance ride to an emergency department if it’s offered or suggested by the emergency personnel who arrive there at the scene.

Even if you think you can tough it out or you can drive yourself to the emergency room, you may find that your injuries are more serious than you thought. And your rejection of care at the scene could later be viewed by an insurance company or even a jury, if it goes that far, as one: an indication that you must not have been injured if you didn’t accept that kind of care or two: you failed to mitigate your damages.

And by that, what I mean is everyone is obligated to do what they can to minimize the impact of damages that they sustain as a result of an accident. So if you don’t get the medical attention that a prudent person would ordinarily allow, that could be held against you. So don’t let that happen.

Next, make sure you report the accident to your own insurance carrier. Even if you weren’t at fault, you’re going to want to alert your insurance carrier to the accident. Many policies require that you report as soon as possible and you cooperate with with them. Otherwise they can deny benefits to which you might be entitled.

Now, why would you care if that’s the case if the other party is at fault? Well, I’ll tell you, because often the other parties insurance is going to delay in paying anything. Even if the other party is at fault, a lot of times their insurance is going to drag their feet. Sometimes there are legitimate reasons for their delay. For instance, they need to conduct their own investigation and speak to their own insured. Other times they’re simply being obstructionist in order to force you to accept a nominal settlement. So you can turn in those instances, you can turn to your own insurance to repair or replace your vehicle and get your rental vehicle if it’s necessary.

And if you have MedPay, medical payments coverage, or PIP, personal injury protection, you may rely on that coverage to pay some of your initial medical bills or at least cover any deductible or copay you may have with, if you have other health insurance options. And don’t feel bad for your own insurance company, that’s what you pay for. And they’re going to be reimbursed in most instances when a recovery is made against the other person’s insurance. So be sure you get in touch with your own insurance carrier so that you can take advantage of any coverage that you have.

Also, make sure you follow up and we talked about the emergency attention, but follow up with medical care and treatment. Whether you seek emergency care or not, after the accident, the chances are you’re going to feel the effects of an accident in the hours or days that follow. Don’t delay, seek the appropriate care and treatment. Sometimes that will be emergency care. Sometimes that may require a visit with a family doctor or a chiropractor. And then once you’re seen by an initial treatment provider, there might be a determination made that you need further follow up with other treaters like physical therapists, orthopedist, neurologists, et cetera.

Also, keep in mind that if you lost consciousness or were dazed for even a short period of time following a collision that you may have suffered a concussion or a closed head injury. This can cause cognitive and behavioral changes if it’s not treated properly. So be sure to get that proper follow up.

Next issue to discuss, do not help the other person’s insurance company. You have an obligation to cooperate with your own insurance company, but there’s no such obligation with respect to the other driver’s insurance company.

That company representative may certainly reach out to you and attempt to get a recorded statement. Don’t do that. It may appear to be innocuous. It may appear to be innocent. But even though it may not lead to problems, it certainly can. Their job, bear this in mind, their job is always to minimize that insurance companies obligation to pay compensation to you. And they’re going to frame questions and information in the way best suited to do that.

So similarly, don’t sign anything that they ask you to sign. Don’t sign medical authorizations, don’t sign release forms. They may tell you that they need an authorization in order to review and pay your medical bills. However, they’re often going to use those authorizations to dig into your past medical history in order to argue that your injuries are related to something other than the accident. All information should be provided to that insurance company, via an experienced attorney who is representing you. And we’re going to talk about that again in a moment.

I do want to point out, however, that sometimes the insurance company that represents you is also the insurance company that represents the other party. So in those instances, you do, it’s kind of odd, because you do have an obligation to speak to the adjuster who is assigned on your policy, but you don’t have any obligation, and again, what I just outlined applies when it is the adjuster who is assigned for the other party’s policy, even though there is, it’s the same company, they’re supposed to keep those claims issues separate and apart.

That, again, is why it is important to speak to an attorney and make sure that you are compliant with your obligations under your own coverage, but you are not giving up opportunities to make arguments for compensation under the other person’s coverage.

So, as I mentioned, speak to an attorney. If your injuries warrant the attention of a treatment provider, they likely also warrant the attention of an attorney.

There are so many things that can go wrong when an accident victim tries to go it alone. As an accident victim, you’re not going to know what you’re obligated to provide to insurance carriers, nor are you going to know what you’re entitled to receive in the way of compensation. That creates an environment that allows accident victims to be exploited by greedy and unscrupulous insurance companies. And I’m not saying that all companies are that way, nor am I saying all adjusters are that way.

But the insurance industry hasn’t become a trillion dollar industry by willingly giving everyone the compensation to which they’re entitled. Their job is to try to resolve claims for as little as possible while they accept the premiums from their insureds. So an experienced injury attorney will know how to gather the necessary information, ensure that you get reasonable and necessary medical care or other care and treatment, and make sure that you’re properly compensated for your medical bills, your lost wages, your out of pocket expenses, property damage, pain and suffering and other damages.

To help your attorney get you that proper compensation, be sure that you’re also keeping a journal and or a file of your accident and treatment. Write down your memories of what happened in the accident, while those details are still fresh in your mind. Keep a journal that records your injuries and the way they’ve impacted your normal life activities. It’s also a good idea to keep a file in which you can store copies of medical bills and other receipts, accident reports, work records and correspondence between you and the insurance company representatives. Now, good attorney is also going to gather that from the sources, but it doesn’t hurt for you to start gathering that right away.

Also, make sure that you keep all of your treatment appointments and don’t do anything inconsistent with your care. Insurance companies will be watching. As I mentioned before, you have a duty to mitigate your damages. If you fail to keep your treatment appointments, there’s an argument that can be made that if you had done so, if you had properly treated, your injuries would not have been as, as difficult to deal with, they would have resolved quicker, et cetera. So you need to mitigate those damages by making sure that you are keeping those appointments.

You also don’t want to do anything inconsistent with your care, as I mentioned. So if you have a neck injury, it doesn’t make sense for you to try to go out bowling. And then, of course, somebody may post a photo of you enjoying yourself bowling. That’s obviously very inconsistent with your injuries and the care that your treatment provider may be attempting to provide.

Along those similar lines, do not share your case with other people. While you might be able to discuss what happened with your family, you should be cautious about talking to others about your accident, because conversations with friends or with the general public are not protected by confidentiality privileges. So specifically, never discuss your cra, crash or your injuries or your treatment or your dealings with the insurance company on social media.

So don’t post on Facebook, don’t post on Twister, Twitter or any other social media, because those posts and those comments can be used by the other side, if the case goes to trial, they can be admissible and they can be used against you. So be sure to avoid that.

I hope this information was useful. If you’ve been injured in a car accident, again, it’s extremely important that you get a personal injury attorney on board as soon as possible. I’m not here to solicit cases, but if you have any questions or need help with the car accident, feel free to contact me directly or contact VanDerGinst Law at 800-960-8529 or info@vlaw.com.

As with most, as with most personal injury attorneys, consultations are free and there’s never an attorney fee unless we get you compensation.

Thank you for listening to Legal Squeaks. Again, if you haven’t already done so, please register, subscribe, review and or like Legal Squeaks on your favorite podcast platform. You can check out the video recording of this podcast and other episodes at legalsqueaks.com. Also, please be sure to check out our other podcast, Uncommon Convos.

Look for us next week when we will have some more important legal and consumer information on Legal Squeaks. In the meantime, have a great day. Stay safe. And I love you all.

Hi there. Welcome to Legal Squeaks. I’m your host, Dennis VanDerGinst. And before we start discussing today’s topic, I’d like to ask you to please make sure you register or subscribe to Legal Squeaks on your favorite podcast platform.

It’s easy to do and it’s absolutely free. By doing so, you’ll be notified every time a new episode becomes available. And it also helps us track how successful we are with our content. You’ll also be able to view this podcast and all of our episodes at legalsqueaks.com.

So today’s topic is an important one. It’s what to do if you’re involved in a car accident. More than 10 million car and light truck crashes occur in the United States each year.

And even though there are fewer cars on the road since the Covid pandemic, in fact, 16 percent fewer, according to some sources, it’s ironic, but fewer drivers has actually led to more speeding to the tune of 27% increase and also hard braking incidents, up 25% as well as phone usage while driving, which is up 38%.

So the volume of car accidents hasn’t decreased, even though there are fewer cars on the road. The chances are that you or a close friend or family member has either been in a car accident at some point or will be in the future, even if it’s just a fender bender.

And when accidents like that happen, it’s easy to get anxious and stress. Adrenaline can prompt you to do things and say things that you should avoid. So it’s good to know in advance what you should do if you’re ever in that situation. So that’s what we’re going to talk about today.

The first thing is, as I mentioned, the adrenaline can get you pumped up. You want to try to remain calm. You won’t be able to make the important steps necessary in addressing the issues unless you are as calm as possible under the circumstances.

Always be sure to stop, first of all, when you’re in accident, don’t drive away from the scene of an accident, even if it’s a minor accident, because first of all, you may be overlooking opportunities to pursue compensation if you’ve sustained property damage or injury. And secondly, you could be facing criminal penalties, especially if you’re partially to blame in causing the accident. So always make sure you stop.

Once you’re stopped, first thing to do is check for injuries. Check yourself, check any of the passengers in your vehicle to see if there are any visible injuries and then call 911 one or ask someone else to do so if it appears that anyone is hurt, either in your vehicle or another vehicle that’s been involved in the accident. If you’re seriously injured, try not to move until help arrives to attend to your injuries.

Next, you want to determine what to do with your your vehicle. Now, that, of course, presupposes that your injuries allow you to assess that situation. If so, then you can determine whether your vehicle should be moved. Ideally, vehicles should be left safely where they came to rest so that if necessary, they’re in the same position they came to rest for purposes of accident reconstruction in order to determine where liability issues might exist.

So in other words, let the cars remain where they are, if they can be left there safely, so that a determination can be made with respect to who was at fault. But make sure that you’re in a safe location, even if you leave the vehicle where it came to rest. If the vehicles pose a hazard to you or to other people, then of course they should be moved to ensure safety.

In that case, you’ll want to pull them to the shoulder of the road or otherwise out of the way of approaching vehicles. If you can, you’re going to want to also make sure that you turned the hazard lights on. You can prevent further accidents by sending up flares if you have them, especially if it’s dark out. And if your lights aren’t working. You should prepare for things like this by making sure you also have a flashlight in your car at all times so that if you do have to be on the side of the road and it’s dark, you can at least have the light, the flashlight on to make sure oncoming vehicles can see that you’re there so that they can avoid causing further harm.

Next, make sure you keep a cool head, even if you know that the other person is clearly at fault, try not to yell and become angry. If the other person does so, avoid a confrontation or an argument. Don’t assign fault and important, importantly, also, don’t admit guilt to the other persons who are at the scene.

Next, you’re going to want to document the accident. Now, what I mean by that is if your injuries allow you to do so and you have a phone with a camera or video on it or otherwise have a camera or video recorder available, take photos and or videos of the scene.

What you want to depict are the roadway itself and the nearby traffic controls. You want to show the position of the vehicles where they came to rest after the accident. And if they were moved, you want to also show where they were eventually moved. You want to show the damage to the exterior and the interior of the vehicles that were involved. You want to show debris like broken glass. If if there, if there are such, if there is such evidence of debris. You’re also going to want to show skid marks. You want to show the vehicle license plates.

In addition, you want to gather information from witnesses to the accident. The contact information, their names, what they might recall as far as the scene of the accident. Take note of any potential traffic cameras or security cameras in the in the area because they might have actually picked up footage of the accident. One thing you might want to be aware of also is that if there are ATMs, automatic teller machines, nearby don’t rule out the possibility that the cameras in those machines may have actually picked up footage of the accident.

You also want to note the weather and the road conditions. If, if you can’t take pictures, you’ll want to make a diagram while everything is still fresh in your mind or record it on on your your phone with audio, if possible.

Next, call the police. If nobody else has done so, it’s a good idea to call the police, even if it doesn’t appear that there are any serious injuries. You may need to make a police report in order to file a claim with your insurance company, even if it’s just a claim for damage to your vehicle.

The vehicles that are involved in the accident, as I mentioned before, should remain where they are unless they interfere with traffic. That way, when the police arrive, they can make a determination as to how the accident occurred and perhaps assess liability by issuing tickets or traffic citations.

When the police arrive, make sure you tell the officer or the officers exactly what happened. If you don’t know certain facts, tell that to the officer. Don’t speculate, don’t guess. Don’t misstate any of the facts.

If you’re asked if you are injured and you’re not sure, tell them that you’re not sure rather than saying, no, you’re not, not injured. Because often the pain and injuries from the accident don’t become apparent for hours, sometimes even days. So don’t say no or that might be held against you later on when you find out that you’re actually hurting from the accident. You should also make sure that the statements that are made by other persons who were either involved or witnessed the accident are accurate as well.

Be sure to write down the name, the badge number and the agency of the law enforcement officer who responds to your crash and prepares the traffic crash report. Also, make sure you get the report number. You should be able to contact that law enforcement agency within a day or two after the crash and request a copy of the report. In many instances, you’re just going to leave that up to an attorney, assuming that you do hire an attorney to help you, and I’m going to tell you why you should do that in just a moment.

In some states such as Illinois, you also have a legal duty to file a written report with the state’s Department of Transportation. Now, if you’re in a car wreck, when you’re in a different state, it’s best to always call 911 one to make sure that you are compliant with the state laws and to properly document what happened. If the police can’t come to the scene of your accident or if they have to leave before they take a report or they don’t show up because nobody seems to be hurt or the involved vehicles are not blocking traffic, et cetera, don’t panic.

Just make sure you go to the nearest police station and file a report as soon as possible after the accident. Most states allow up to seventy two hours to make a police report, but the laws vary by state. So get there as soon as possible if the police cannot arrive at the scene.

Next, exchange information with the other driver. Now, typically, an investigating officer will obtain that information for you or your insurance company may also do that.

But regardless of whether injuries are seemingly involved or if the police is called, you need to exchange certain relevant information with the other driver. State laws differ on what information you’re expected to exchange, but at very minimum, you’re going to want to get the other driver’s name and insurance information. You should ask to see the other drivers insurance card and if possible, look at that person’s license to confirm that the name and address that they give you are accurate. I’m not suggesting that people don’t give that information accurately, but you can assume that it does occur on occasion.

Also, don’t make any side deals with the other drivers to accept or pay cash for the accident instead of filing an insurance claim. Even if the other driver offers a significant amount of money or claims that they have no auto insurance, it generally creates more problems than it solves. So don’t cut those deals. If they tell you they don’t have insurance coverage again, let an attorney address that issue for you later on.

Important: get emergency medical attention if it’s necessary. All of the other things that I’ve mentioned here may not be addressed immediately if you have acute injuries that require immediate medical attention. Your health and well-being comes first.

Along those lines, don’t reject the emergency care at the scene, nor an ambulance ride to an emergency department if it’s offered or suggested by the emergency personnel who arrive there at the scene.

Even if you think you can tough it out or you can drive yourself to the emergency room, you may find that your injuries are more serious than you thought. And your rejection of care at the scene could later be viewed by an insurance company or even a jury, if it goes that far, as one: an indication that you must not have been injured if you didn’t accept that kind of care or two: you failed to mitigate your damages.

And by that, what I mean is everyone is obligated to do what they can to minimize the impact of damages that they sustain as a result of an accident. So if you don’t get the medical attention that a prudent person would ordinarily allow, that could be held against you. So don’t let that happen.

Next, make sure you report the accident to your own insurance carrier. Even if you weren’t at fault, you’re going to want to alert your insurance carrier to the accident. Many policies require that you report as soon as possible and you cooperate with with them. Otherwise they can deny benefits to which you might be entitled.

Now, why would you care if that’s the case if the other party is at fault? Well, I’ll tell you, because often the other parties insurance is going to delay in paying anything. Even if the other party is at fault, a lot of times their insurance is going to drag their feet. Sometimes there are legitimate reasons for their delay. For instance, they need to conduct their own investigation and speak to their own insured. Other times they’re simply being obstructionist in order to force you to accept a nominal settlement. So you can turn in those instances, you can turn to your own insurance to repair or replace your vehicle and get your rental vehicle if it’s necessary.

And if you have MedPay, medical payments coverage, or PIP, personal injury protection, you may rely on that coverage to pay some of your initial medical bills or at least cover any deductible or copay you may have with, if you have other health insurance options. And don’t feel bad for your own insurance company, that’s what you pay for. And they’re going to be reimbursed in most instances when a recovery is made against the other person’s insurance. So be sure you get in touch with your own insurance carrier so that you can take advantage of any coverage that you have.

Also, make sure you follow up and we talked about the emergency attention, but follow up with medical care and treatment. Whether you seek emergency care or not, after the accident, the chances are you’re going to feel the effects of an accident in the hours or days that follow. Don’t delay, seek the appropriate care and treatment. Sometimes that will be emergency care. Sometimes that may require a visit with a family doctor or a chiropractor. And then once you’re seen by an initial treatment provider, there might be a determination made that you need further follow up with other treaters like physical therapists, orthopedist, neurologists, et cetera.

Also, keep in mind that if you lost consciousness or were dazed for even a short period of time following a collision that you may have suffered a concussion or a closed head injury. This can cause cognitive and behavioral changes if it’s not treated properly. So be sure to get that proper follow up.

Next issue to discuss, do not help the other person’s insurance company. You have an obligation to cooperate with your own insurance company, but there’s no such obligation with respect to the other driver’s insurance company.

That company representative may certainly reach out to you and attempt to get a recorded statement. Don’t do that. It may appear to be innocuous. It may appear to be innocent. But even though it may not lead to problems, it certainly can. Their job, bear this in mind, their job is always to minimize that insurance companies obligation to pay compensation to you. And they’re going to frame questions and information in the way best suited to do that.

So similarly, don’t sign anything that they ask you to sign. Don’t sign medical authorizations, don’t sign release forms. They may tell you that they need an authorization in order to review and pay your medical bills. However, they’re often going to use those authorizations to dig into your past medical history in order to argue that your injuries are related to something other than the accident. All information should be provided to that insurance company, via an experienced attorney who is representing you. And we’re going to talk about that again in a moment.

I do want to point out, however, that sometimes the insurance company that represents you is also the insurance company that represents the other party. So in those instances, you do, it’s kind of odd, because you do have an obligation to speak to the adjuster who is assigned on your policy, but you don’t have any obligation, and again, what I just outlined applies when it is the adjuster who is assigned for the other party’s policy, even though there is, it’s the same company, they’re supposed to keep those claims issues separate and apart.

That, again, is why it is important to speak to an attorney and make sure that you are compliant with your obligations under your own coverage, but you are not giving up opportunities to make arguments for compensation under the other person’s coverage.

So, as I mentioned, speak to an attorney. If your injuries warrant the attention of a treatment provider, they likely also warrant the attention of an attorney.

There are so many things that can go wrong when an accident victim tries to go it alone. As an accident victim, you’re not going to know what you’re obligated to provide to insurance carriers, nor are you going to know what you’re entitled to receive in the way of compensation. That creates an environment that allows accident victims to be exploited by greedy and unscrupulous insurance companies. And I’m not saying that all companies are that way, nor am I saying all adjusters are that way.

But the insurance industry hasn’t become a trillion dollar industry by willingly giving everyone the compensation to which they’re entitled. Their job is to try to resolve claims for as little as possible while they accept the premiums from their insureds. So an experienced injury attorney will know how to gather the necessary information, ensure that you get reasonable and necessary medical care or other care and treatment, and make sure that you’re properly compensated for your medical bills, your lost wages, your out of pocket expenses, property damage, pain and suffering and other damages.

To help your attorney get you that proper compensation, be sure that you’re also keeping a journal and or a file of your accident and treatment. Write down your memories of what happened in the accident, while those details are still fresh in your mind. Keep a journal that records your injuries and the way they’ve impacted your normal life activities. It’s also a good idea to keep a file in which you can store copies of medical bills and other receipts, accident reports, work records and correspondence between you and the insurance company representatives. Now, good attorney is also going to gather that from the sources, but it doesn’t hurt for you to start gathering that right away.

Also, make sure that you keep all of your treatment appointments and don’t do anything inconsistent with your care. Insurance companies will be watching. As I mentioned before, you have a duty to mitigate your damages. If you fail to keep your treatment appointments, there’s an argument that can be made that if you had done so, if you had properly treated, your injuries would not have been as, as difficult to deal with, they would have resolved quicker, et cetera. So you need to mitigate those damages by making sure that you are keeping those appointments.

You also don’t want to do anything inconsistent with your care, as I mentioned. So if you have a neck injury, it doesn’t make sense for you to try to go out bowling. And then, of course, somebody may post a photo of you enjoying yourself bowling. That’s obviously very inconsistent with your injuries and the care that your treatment provider may be attempting to provide.

Along those similar lines, do not share your case with other people. While you might be able to discuss what happened with your family, you should be cautious about talking to others about your accident, because conversations with friends or with the general public are not protected by confidentiality privileges. So specifically, never discuss your cra, crash or your injuries or your treatment or your dealings with the insurance company on social media.

So don’t post on Facebook, don’t post on Twister, Twitter or any other social media, because those posts and those comments can be used by the other side, if the case goes to trial, they can be admissible and they can be used against you. So be sure to avoid that.

I hope this information was useful. If you’ve been injured in a car accident, again, it’s extremely important that you get a personal injury attorney on board as soon as possible. I’m not here to solicit cases, but if you have any questions or need help with the car accident, feel free to contact me directly or contact VanDerGinst Law at 800-960-8529 or info@vlaw.com.

As with most, as with most personal injury attorneys, consultations are free and there’s never an attorney fee unless we get you compensation.

Thank you for listening to Legal Squeaks. Again, if you haven’t already done so, please register, subscribe, review and or like Legal Squeaks on your favorite podcast platform. You can check out the video recording of this podcast and other episodes at legalsqueaks.com. Also, please be sure to check out our other podcast, Uncommon Convos.

Look for us next week when we will have some more important legal and consumer information on Legal Squeaks. In the meantime, have a great day. Stay safe. And I love you all.

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They say a good lawyer knows the law, but a great lawyer knows the judge! At VanDerGinst Law we know injury law.  We have represented over 50,000 injury victims over the years. But we also know the judges, lawyers, medical providers, and insurance adjusters who are involved in injury claims and lawsuits!

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Our Personal Injury Lawyers Also Have the Inside Track into The Insurance Industry.  We do not, and never will, represent insurance companies, thus always ensuring that we never have a conflict of interest in representing our injury clients.  But we employ former insurance adjusters and insurance defense lawyers who know the tricks of the trade.  We put that knowledge to work for you!

If you have suffered serious injuries, you need a personal injury law firm that focuses on injury law, rather than a lawyer who occasionally “dabbles”.  The practice of law is a lot like the practice of medicine. There are practitioners who have “general” practices and others who specialize.

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At VanDerGinst Law we handle personal injury cases on a contingent fee basis.  That means that if we fail in getting you money for your injuries, there is NO ATTORNEY FEE.  You will NEVER be out of pocket a penny.  We do not get paid unless and until you do.  Our fee is a percentage of the amount recovered. The percentage depends on the type of case we handle and whether the case must be litigated.  But it is never more than 40% of the recovery and is usually between 20% and one third.

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Many law firms require injury clients to track down medical and other documents.  At VanDerGinst Law our Personal Injury Lawyers and professional staff do all the work necessary to document your injuries.  We obtain all the records from medical providers.  We coordinate health insurance, Medicare, Medicaid, medical payment insurance, and any other benefits which may apply to your case.  We negotiate with the insurance adjuster and other representatives of the opposing party.  We do our best to position your case for the best settlement possible.  If the opponent doesn’t offer a reasonable settlement, our highly experienced personal injury attorneys are prepared to do battle in court, where we will fight hard to get you the best result.