Motorcycle Accident FAQs for Illinois Riders

Trusted Illinois Injury Attorneys Answer Frequently Asked Questions About Motorcycle Accidents

Motorcycles offer an exhilarating sense of freedom on the open road, but they also come with increased risks. Riders face unique challenges on Illinois roads, from inattentive drivers to poor road conditions. Here, our Illinois injury lawyers answer frequently asked questions about motorcycle accidents, covering rights afforded to motorcycle riders, safety tips, and steps to take after a crash.

At John J. Malm & Associates, our team of award-winning attorneys brings over 90 years of combined experience to personal injury cases throughout Illinois. If you’ve been involved in a motorcycle accident, we’re here to help.

1. How Common Are Motorcycle Accidents in Illinois?

Motorcycle accidents are more common than many realize. According to the Illinois Department of Transportation (IDOT), there were 2,266 motorcycle crashes in Illinois in 2022, resulting in 152 fatalities and 1,946 injuries. Motorcycle crashes accounted for approximately 13% of all traffic fatalities, despite motorcycles representing only 3% of registered vehicles.

Nationwide, the National Highway Traffic Safety Administration (NHTSA) reports that motorcyclists are 28 times more likely than passenger car occupants to die in a crash per mile traveled.

2. Why Do I Sometimes See Signs Saying ‘Start Seeing Motorcycles’?

The “Start Seeing Motorcycles” campaign aims to raise awareness about motorcycle safety. Motorcycles are smaller and less visible than other vehicles, which often leads to accidents caused by driver inattention. According to the NHTSA, nearly 41% of motorcycle crashes occur because another driver failed to see the motorcyclist. These awareness campaigns remind drivers to check blind spots and pay closer attention to motorcyclists, particularly at intersections where 42% of multi-vehicle motorcycle accidents occur.

3. What Are the Leading Causes of Motorcycle Accidents in Illinois?

Motorcycle accidents often result from a combination of rider and driver behaviors, as well as environmental factors. Common causes include:

• Failure to Yield Right-of-Way: A leading cause of motorcycle accidents, often occurring at intersections.
• Distracted Driving: Drivers who text or use their phones frequently fail to notice motorcyclists.
• Speeding: Excessive speed reduces reaction time for both riders and other drivers.
• Alcohol Impairment: The NHTSA found that 29% of motorcyclists involved in fatal crashes in 2021 had a blood alcohol concentration (BAC) of 0.08% or higher.
• Road Hazards: Potholes, gravel, and uneven surfaces can pose significant risks for motorcycles.
• Lane Splitting: While not legal in Illinois, riders who attempt to ride between lanes increase the risk of accidents.

4. What Are the Most Common Injuries in Motorcycle Accidents?

Motorcycle accidents often result in severe injuries due to the lack of protection. According to the Mayo Clinic, common injuries after a motorcycle crash include:

• Traumatic Brain Injuries (TBIs): Even with a helmet, head injuries are common and can lead to long-term cognitive impairments.
• Spinal Cord Injuries: These can cause partial or complete paralysis.
• Fractures: Broken legs, arms, ribs, and collarbones are common due to the impact with the ground or another vehicle.
• Road Rash: Skin abrasions from sliding on pavement can lead to infections and scarring.
• Internal Injuries: Damage to internal organs often occurs due to blunt-force trauma.
• Amputations: Severe crashes may result in the loss of limbs.

5. Do I Have to Wear a Helmet While Riding in Illinois?

Illinois does not have a universal helmet law, making it one of only three states without any helmet requirements. However, helmets significantly reduce the risk of fatality and severe injury. The NHTSA reports that helmets are 37% effective in preventing motorcycle deaths and 67% effective in preventing brain injuries.

Even though helmets aren’t legally required, riders should consider wearing one to protect themselves and potentially strengthen their personal injury claims after an accident. Insurance companies may argue contributory negligence if a rider chooses not to wear a helmet.

6. What Should I Do After a Motorcycle Accident?

If you’re involved in a motorcycle accident, follow these steps to protect your health and legal rights:

1. Call the Police: A police report is essential for documenting the accident.
2. Gather Evidence: Take photos of the scene, your injuries, and any damage to your motorcycle. Collect contact information from witnesses.
3. Seek Medical Attention: Even if injuries seem minor, get evaluated by a medical professional.
4. Avoid Admitting Fault: Don’t discuss fault or apologize at the scene.
5. Contact an Attorney: A skilled motorcycle injury lawyer can help you navigate insurance claims and pursue compensation.

7. What Type of Compensation Can I Recover After a Motorcycle Accident?

In Illinois, motorcycle accident victims may be entitled to compensation for:

• Medical Expenses: Covers current and future treatment, including hospital stays, surgeries, and rehabilitation.
• Lost Wages: Reimbursement for income lost due to time off work or reduced earning capacity.
• Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
• Property Damage: Repairs or replacement for your motorcycle and gear.
• Wrongful Death: In fatal accidents, surviving family members may pursue compensation for funeral expenses, lost companionship, and other damages.

8. How Does Insurance Work in a Motorcycle Accident Claim?

Illinois requires motorcyclists to carry liability insurance with minimum limits of:

• $25,000 for injury or death of one person
• $50,000 for injury or death of multiple people
• $20,000 for property damage

However, these limits may not be enough to cover the full extent of damages in a severe accident. Riders are encouraged to carry additional coverage, such as:

• Uninsured/Underinsured Motorist Coverage (UM/UIM): Protects you if the at-fault driver has no insurance or insufficient coverage.
• Medical Payments Coverage (MedPay): Covers medical expenses regardless of fault.

9. What Should I Know About Illinois Motorcycle Laws?

Illinois has several laws specific to motorcyclists, including:

• Lane Splitting: Prohibited in Illinois.
• Headlights: Motorcycles must have headlights turned on at all times, even during the day.
• Passenger Rules: Passengers are allowed but must have their own seat and footrests.

Failure to follow these laws can not only result in fines but may also complicate your personal injury claim.

10. How Long Do I Have to File a Motorcycle Accident Claim in Illinois?

Illinois has a statute of limitations for filing personal injury claims, which is generally two years from the date of the accident. However, it’s important to act quickly to preserve evidence and build a strong case.

11. Why Are Motorcycle Accidents Often More Severe Than Car Accidents?

Motorcycles lack the protective features of cars, such as airbags, seat belts, and enclosed frames. Riders are exposed to direct impact with other vehicles and the road, making injuries more severe. Additionally, motorcycles are less stable and more vulnerable to road hazards.

12. Do I Need an Attorney After a Motorcycle Accident?

While you’re not required to hire an attorney, doing so can significantly improve your chances of securing fair compensation. Insurance companies often attempt to undervalue claims, especially for motorcyclists, by exploiting biases or blaming the rider for the accident. A skilled Illinois motorbike lawyer can:

• Investigate the accident and gather evidence.
• Negotiate with insurance companies.
• Represent you in court, if necessary.

Contact the Award-Winning Illinois Motorcycle Accident Attorneys at John J. Malm & Associates

Motorcycle accidents present unique challenges, from navigating insurance claims to dealing with severe injuries. Understanding your legal rights and responsibilities can make a significant difference in the outcome of your case.

“At John J. Malm & Associates, we understand the devastating impact motorcycle accidents can have on victims and their families,” says Naperville motorcycle accident attorney John J. Malm. “With over 90 years of combined experience, our team is dedicated to fighting for the rights of injured riders in Illinois. We’ll work tirelessly to secure the compensation you deserve so you can focus on recovery.”

If you’ve been involved in a motorcycle accident, contact John J. Malm & Associates today for a free consultation. With offices in Naperville and St. Charles, we’re here to provide the skilled representation you need.