Illinois Motorcycle Accident Lawyer

Can you recover in Illinois if you were not wearing a helmet?

Yes. Illinois does not require motorcycle helmets for riders of any age, so riding without one is legal.

Insurers may still argue that a helmet would have reduced certain head injuries. That argument has nothing to do with who caused the crash, and it usually does not affect injuries to the arms, legs, back or chest. Illinois does require eye protection unless the motorcycle has a windshield, so keep any goggles, glasses or face shield you were wearing. A missing face shield is rarely the cause of a crash, but insurers sometimes raise it anyway. A helmet kept after a crash can also help doctors and experts understand the forces involved.

Where do Illinois motorcycle crashes happen most?

Many Illinois motorcycle crashes happen in dense Chicago-area traffic, and many others happen on rural highways where riders travel at speed.

• Chicago expressways, where sudden slowdowns and lane changes catch riders off guard.
• Suburban arterials, where left-turning cars misjudge a rider's speed.
• The Great River Road along the Mississippi, popular for weekend rides.
• Southern Illinois hill country, with curves, gravel and wildlife.
• Historic Route 66 corridors, which draw riders from around the country.

The riding season runs roughly from spring through fall. Early in the season, sand and potholes left from winter are common. Drivers who have not seen a motorcycle in months may not be looking for one.

How do Illinois insurers try to blame riders?

Many adjusters assume that a rider was speeding or weaving. They use that assumption to push the rider's share of fault toward the 51% line, where Illinois bars recovery.

Here is how fault shifts the numbers. A rider on a suburban road is hit by a driver turning left into a shopping center. The rider's losses total $300,000. The driver claims the rider was speeding.

• At 10% rider fault, the rider recovers $270,000.
• At 50% rider fault, the rider recovers $150,000.
• At 51% rider fault, the rider recovers nothing.

Lane position is another common argument. Riders often move within a lane to avoid potholes, debris or the oily strip in the center. That is a safety choice, not reckless riding, and an experienced rider can explain it to a jury.

Physical evidence often answers the speed argument. Crash reconstruction, the damage pattern on both vehicles, and nearby video can show how fast the rider was really going.

What insurance covers an Illinois motorcycle crash?

The at-fault driver's liability insurance is the main source. Your own uninsured motorist coverage, which Illinois requires on motorcycle policies as well as car policies, can help when the other driver has no insurance or flees the scene.

Underinsured coverage can help when the other driver's limits are too low. Health insurance may pay early bills and seek repayment later. Medical payments coverage, if purchased, can also help. Check every policy in your household, because some may extend to a motorcycle crash.

What injuries do riders usually suffer?

Riders have little protection in a crash, so injuries are often severe. Fractures, road rash, spinal injuries, brain injuries and amputations are common. Road rash can lead to infections and skin grafts, and even fractures that seem simple can require surgery and months away from work.

Illinois does not cap damages in these cases. Medical bills, future care, lost income and pain and suffering can all be recovered in full when proven. Detailed medical records, testimony from treating doctors and a clear picture of future needs often decide the value of the case. Our page on catastrophic injuries explains how serious losses are documented.

What should a rider do after an Illinois crash?

Get medical care first, then protect the evidence.

1. Call 911 and request a police report.
2. Photograph the bike, the other vehicle, the road surface and your gear.
3. Keep your helmet, jacket and eye protection.
4. Ask the tow yard not to destroy or sell the bike.
5. Write down witness names and contact information.
6. Avoid posting about the crash on social media.

If the crash involved a city or county vehicle, or a road defect on public property, the lawsuit generally must be filed within 1 year. For more on these claims, see our general motorcycle accidents guide, our Illinois car accident page and our main Illinois page. Our team offers a free case review.