Chicago Motorcycle Accident Lawyer
Riders get blamed. It happens before anyone looks at the evidence, and it happens in the adjuster’s file as readily as at the roadside. The single most common serious motorcycle crash in Chicago is a driver turning left across a rider’s path and saying afterwards that they never saw the bike — which is a description of the negligence, not a defence to it.
The Illinois Rules Riders Should Know
There is no helmet law in Illinois
Illinois is one of only three states with no motorcycle helmet requirement. What the law does require is eye protection: under 625 ILCS 5/11-1404, the operator and every passenger must be protected by glasses, goggles or a transparent shield. If you were not wearing a helmet, expect the insurer to raise it anyway. There is no statute making helmet non-use evidence of negligence, and how far a defendant can push the argument is exactly the kind of thing to discuss with a lawyer rather than concede to an adjuster.
Lane splitting and lane filtering are not permitted
Illinois does not allow riding between lanes of stopped or slow-moving traffic. A rider who was doing so at the time of a crash faces an uphill argument on fault regardless of what the other driver did. It is worth discussing candidly with an attorney early rather than leaving it for the insurer to characterise. Lane filtering in Illinois.
Fault is shared, and 51% ends the claim
Modified comparative fault under 735 ILCS 5/2-1116 applies to riders exactly as it does to drivers. Your recovery drops by your share of the blame, and above 50% it disappears. Given how readily riders get blamed, the fault percentage is usually the whole fight. How comparative fault works.
Why Motorcycle Injuries Are Valued Differently
There is no crumple zone, no airbag and no seat belt. The same impact that leaves a driver with a stiff neck leaves a rider with orthopedic injuries, road rash requiring grafts, or a traumatic brain injury. Two things follow. First, the medical documentation has to be thorough, because the future-care component is often the largest part of the claim. Second, the at-fault driver’s minimum $25,000 policy will not come close, which makes your own underinsured motorist coverage central rather than incidental.
Common causes of Chicago motorcycle crashes · Damages you can recover in Illinois.
Deadlines
| Who you are claiming against | Deadline to file suit | Authority |
|---|---|---|
| Another private driver | Two years from the crash | 735 ILCS 5/13-202 |
| Vehicle damage only | Five years | 735 ILCS 5/13-205 |
| A city, county, the CTA or other local public body | One year from the crash | 745 ILCS 10/8-101 |
| The State of Illinois (IDOT and state agencies) | Two years, in the Court of Claims | 705 ILCS 505/22 |
| A wrongful death claim | Two years from the date of death | 740 ILCS 180/2 |
| An injured child | Generally two years after their 18th birthday | 735 ILCS 5/13-211 |
Talk to Us Before You Talk to the Insurance Company
The consultation is free, there is no obligation, and there is no attorney’s fee unless we recover for you. We will explain how case costs are handled before you sign anything.
Call (312) 346-4262 or send us the details below.
Phillips Law Offices
161 N Clark St, Suite 4925, Chicago, IL 60601
(312) 346-4262
Attorney advertising. Prior results do not guarantee or predict a similar outcome; every case is decided on its own facts. This page is general information about Illinois law, not legal advice, and reading it or contacting us does not create an attorney-client relationship — that relationship is formed only by a signed written agreement. Illinois law changes; confirm anything you intend to rely on with a licensed Illinois attorney.