Benton, IL Motorcycle Accident Lawyer
Whitfield Crosby & Flynn represents motorcyclists and their families in Benton, Franklin County and across Southern Illinois, along with injury victims in Western Kentucky, Southeast Tennessee and Central Indiana. Our attorneys are trial lawyers who handle serious injury and wrongful death claims, and a Benton, IL motorcycle accident lawyer at this firm prepares each rider’s case for court from the first week.
A rider has almost nothing between the body and the pavement, so a crash that would leave a car driver sore for a week can mean a shattered femur, a spinal injury or a brain injury on a motorcycle. Benton sits at the meeting point of I-57 and Illinois Route 14, with Route 37 running north and south through the county, and riders here share those roads with loaded coal haulers, tractor-trailers and drivers who never learned to look twice for a single headlight. Many of the roads feeding Benton are narrow two-lane county routes with gravel shoulders, farm equipment, deer and long stretches without lighting. Those conditions produce the kind of injuries that follow a rider for life.
Insurance adjusters tend to see a motorcyclist differently than they see a driver of a sedan. They look for any reason to say the rider was speeding, lane-splitting or simply riding something dangerous, and they use that story to reduce what they pay. Answering that story with evidence, early and thoroughly, is a large part of what a motorcycle injury case is.
Why Choose Whitfield Crosby & Flynn for a Motorcycle Injury Case
Whitfield Crosby & Flynn is a personal injury and wrongful death trial firm serving Franklin County, Williamson County and the rest of Southern Illinois, as well as Western Kentucky, Southeast Tennessee and Central Indiana. Our attorneys bring more than 90 years of combined experience and have played a role in settlements and verdicts totaling more than $1 billion. The firm prepares every case as though it is going before a jury, and insurers know which firms are willing to try a case and which ones settle cheaply. Clients also have a direct line to their attorney, so a rider recovering from surgery is not left chasing a call back.
Motorcycle claims are a real part of that record. The firm obtained a $3.2 million settlement for a motorcycle rider in a claim against a coal company and a $3 million settlement for a motorcycle rider in a claim against a trucking company. Both results involved the kind of commercial defendants that ride the same roads Benton riders do, and both required the evidence and expert work that large carriers and companies respond to. The firm has also recovered a $5.78 million jury verdict against a municipality, which matters when a crash involves a dangerous road condition and a government defendant.
John Whitfield, the firm’s founding attorney, has practiced law for more than 40 years, is certified as a Trial Specialist by the National Board of Trial Advocacy, is admitted to practice in Illinois, and has obtained more than 30 settlements and verdicts over one million dollars. Andrew Flynn has handled cases at every level of the Illinois state court system, including arguments before the Illinois Supreme Court. Sarah Bearden, a former public defender, brings courtroom experience to the trial team. Tim Crosby focuses his practice on personal injury and wrongful death trial work. Chuck Flynn is a member of the Multi-Million Dollar Advocates Forum and was recognized as an Attorney for Justice by the Tennessee Supreme Court. Our attorneys are members of the American Association for Justice, the Kentucky Justice Association and the Tennessee Trial Lawyers Association, and the firm has been recognized by Best Lawyers: Ones to Watch. Prior results do not guarantee a similar outcome in any future case.
How Motorcycle Crashes Around Benton Actually Happen
Motorcycle injury cases tend to fall into recognizable patterns, and each pattern points to a different defendant and a different body of evidence.
- Left-turn collisions: A driver turns across a rider’s path at an intersection or driveway and says afterward that the motorcycle came out of nowhere. These are among the most common serious crashes, and the dispute usually turns on speed, sightlines and whether the driver ever looked.
- Tractor-trailer and coal truck crashes: Heavy trucks on I-57 and the Route 14 and Route 37 corridors can crowd a rider, change lanes into one or leave a rider in a blind spot. A trucking claim can reach the driver, the carrier and others, and electronic logging data and maintenance files can matter.
- Road and shoulder defects: Potholes, loose gravel, uneven pavement edges and missing signage that a car passes over can throw a motorcycle. When a public body is responsible for the road, claims against local government carry a much shorter filing deadline than ordinary injury claims.
- Drunk and distracted drivers: Impaired drivers on rural roads at night are a persistent danger to riders. Where a bar or restaurant overserved a visibly intoxicated driver, a dram shop claim may add another source of recovery.
- Dooring and lane-change crashes: Drivers merging without checking mirrors, or opening a door into a rider’s path, cause injuries that insurers often try to blame on the rider’s position in the lane.
- Defective motorcycle parts and equipment: Brake failures, tire defects and faulty components can cause a crash with no other vehicle involved. Product liability claims against manufacturers require preserving the motorcycle itself as evidence.
- Fatal motorcycle crashes: When a rider dies, the family may bring a wrongful death claim covering funeral costs, lost income and the loss of the rider’s companionship and support.
What to Do After a Motorcycle Crash in Franklin County
Your health comes first, and the medical record starts the evidence. Accept treatment at the scene, go to an emergency room even if you feel steady, and follow up with a doctor about every complaint. Adrenaline hides head, neck and internal injuries, and a gap between the crash and the first visit gives an insurer room to argue the injury came from something else. If you are able, photograph the scene, the road surface, skid marks, your bike, your gear and your injuries before anything is moved or cleaned up. Get names and contact information for witnesses, since a stranger who watched the crash may be the only person who can contradict a driver’s version.
Make sure a police report is filed, and read it for errors in the description of the impact or the lane positions. Do not repair the motorcycle or sell it until your attorney has had a chance to have it inspected; the damage pattern, the tires and the brakes can all be evidence. Keep your helmet and riding gear for the same reason. Be careful with the other driver’s insurance company. Adjusters often call within days, sound sympathetic and ask for a recorded statement, and anything you say about speed, lighting or how you felt can be turned against you later. You are not required to give that statement, and you should speak with a lawyer before you do.
Deadlines in Illinois are shorter than many people expect. An injury claim generally must be filed within two years of the crash, and a wrongful death claim within two years of the death. A claim against a city, county or other local government must be brought within one year. Most motorcycle cases arising in Benton are filed in the Franklin County Courthouse, which houses the court of the 2nd Judicial Circuit. If a case is filed in federal court, the Southern District of Illinois holds court in Benton, and that division covers Franklin and Williamson Counties along with several others.
Fault, the Helmet Question and How Illinois Reduces a Rider’s Recovery
Illinois follows a modified comparative negligence rule. A rider can recover only if he or she was no more than 50 percent at fault, and any award is reduced in proportion to the rider’s share of fault. That makes the fight over fault the center of many motorcycle cases. If an insurer can move a rider from 30 percent responsible to 51 percent, the claim is barred entirely. Speed, lane position, visibility and whether the rider could have avoided the crash are the usual arguments, and they are answered with scene evidence, vehicle data, witnesses and often an accident reconstructionist.
Helmets and protective gear come up in nearly every case, and riders are often unsure how they affect a claim. Insurers may argue that a head injury would have been less severe with a helmet or that missing gear made an injury worse, and they use that argument to reduce damages even when the other driver caused the crash. How much weight that argument carries depends on the facts, the medical evidence and the jury. The practical point for a rider is to keep whatever gear you were wearing, because it shows what protection you had and how the impact occurred.
Recoverable damages can include medical expenses, future care, lost wages, reduced earning capacity, pain and suffering and loss of normal life. For severe injuries, life care planners and economists help calculate what care and lost income will cost over a lifetime, which is the figure that decides whether a settlement is adequate. Accepting an early offer before that picture is clear is one of the most expensive mistakes a seriously injured rider can make.
Benton Motorcycle Accident Questions Answered
How long do I have to file a motorcycle accident lawsuit in Illinois?
The general deadline for a personal injury lawsuit in Illinois is two years from the date of the injury. A wrongful death claim must be filed within two years of the death. Claims against a city, county or other local government must be filed within one year, so a crash caused by a road defect on a public road needs prompt attention.
What if I was partly at fault for the crash?
You may still recover. Illinois allows a claim as long as you were not more than 50 percent at fault, and your damages are reduced by your percentage of fault. If you are found more than 50 percent responsible, you recover nothing, which is why the evidence on fault matters so much.
Does not wearing a helmet ruin my case?
Not automatically. The other driver is still responsible for causing the crash. A defense lawyer may argue that a helmet would have reduced a head injury and try to reduce the damages on that basis, and how much that argument matters depends on the medical evidence and the facts of the crash.
The other driver’s insurer wants a recorded statement. Should I give one?
You are not required to, and you should talk to a lawyer first. Adjusters use recorded statements to find statements about speed, visibility or how you felt that can be used to shift fault to you.
What compensation can a motorcycle injury victim recover?
Damages can include medical bills, future medical care, lost income, lost earning capacity, pain and suffering and the loss of the ability to enjoy daily life. In a wrongful death case, a family may recover for funeral costs, lost financial support and the loss of the rider’s companionship.
Can I bring a claim if a coal truck or semi caused my crash?
Yes. Commercial vehicle crashes often involve more than the driver. The trucking company, a maintenance provider or a shipper may share responsibility, and logging devices, driver records and maintenance files can be critical evidence. The firm has recovered a $3 million settlement for a motorcycle rider against a trucking company and a $3.2 million settlement for a rider against a coal company.
What if a pothole or road defect caused my crash?
You may have a claim against whoever was responsible for the road. If that is a local government, Illinois requires the claim to be brought within one year, which is much shorter than the two-year limit for ordinary injury claims. Photographing the defect and reporting the date and location early helps.
Should I keep my damaged motorcycle?
Yes. Do not repair, sell or scrap it until your attorney has arranged an inspection. The bike can show impact points, brake performance and mechanical defects, and in a product liability case it may be the central piece of evidence.
How long does a motorcycle injury case take?
It depends on how serious the injuries are and whether the case settles. A rider who is still treating usually should not settle until the long-term medical picture is clear. Cases that go to trial take longer, and our firm prepares each one for court so that insurers see a credible alternative to a low offer.
Will my health insurance pay for treatment while my claim is pending?
Often it will, and you should use it rather than delay care. Your health insurer may have a right to be repaid from a settlement, and medical payments coverage on your own motorcycle policy may also be available. Your attorney can sort out those reimbursement claims so they do not eat into your recovery.
What if the driver who hit me had no insurance or too little?
Your own uninsured and underinsured motorist coverage may apply if your policy includes it. Reviewing the policies involved early, including any that cover other responsible parties, is part of identifying every available source of recovery.
Serving Benton Motorcycle Accident Clients Across the Region
Our work starts in Benton and Franklin County and reaches out through Southern Illinois, including West Frankfort, Marion, Herrin, Carterville, Carbondale, Murphysboro and Harrisburg, and the smaller communities in Franklin and Williamson Counties along I-57, Route 14 and Route 37. Riders in these towns share the same highways and the same commercial traffic, and we represent them in the same way.
The firm also serves injury victims in Western Kentucky, including Madisonville and Hopkins County, Earlington, Nortonville, Dawson Springs, Hanson, Mortons Gap, White Plains, Nebo, St. Charles, and Marion in Crittenden County. In Southeast Tennessee we represent clients in Chattanooga and Hamilton County, East Ridge, Red Bank, Hixson, Ooltewah, Collegedale, Soddy-Daisy and Cleveland. In Central Indiana our reach includes Indianapolis, Carmel, Fishers, Noblesville, Greenwood, Lawrence, Avon and Plainfield. For motorcycle riders in each of these communities, the work is the same: identify every responsible party, build the evidence early and be ready to try the case.
Talk With a Benton Motorcycle Accident Attorney
If a crash has left you or someone in your family seriously hurt, a Benton motorcycle accident attorney at Whitfield Crosby & Flynn can review what happened, explain how fault and deadlines apply to your situation and start preserving the evidence before it is lost. Call us to schedule a consultation. You will talk with a lawyer who is ready to take your case to trial if that is what it takes.