Motorcycle accidents can cause devastating injuries even when the collision occurs at a relatively moderate speed. Unlike people inside passenger vehicles, riders have little protection from direct impact with another vehicle, the pavement, guardrails, or other objects.
At Robert Edens Law Office, we represent injured motorcycle riders and passengers throughout Lake County, McHenry County, Cook County, and surrounding Northern Illinois communities.
Bob Edens has represented injured people since 1991, and motor vehicle accident litigation has been a significant part of our practice for decades. We investigate how the collision occurred, identify responsible drivers and available insurance coverage, document the medical and financial consequences of the injuries, and pursue the compensation supported by Illinois law.
Call us at (847) 395-2200 or contact us to discuss an Illinois motorcycle accident.
The basic negligence rules applying to other motor vehicle crashes also apply to motorcycles, but motorcycle cases can present unique factual and insurance issues.
A driver may fail to detect a motorcycle before making a left turn, entering an intersection, changing lanes, or pulling from a driveway. Disputes can arise over the rider’s speed, lane position, visibility, braking, protective equipment, licensing, or ability to avoid the collision.
Serious injuries can also make damages substantially more complicated. A rider may require surgery, rehabilitation, extended time away from work, or permanent restrictions.
We evaluate the accident and injuries separately. A serious injury does not prove another driver was negligent, and a relatively straightforward liability case does not automatically establish the amount of damages.
Motorcycle crashes can result from many of the same forms of negligence involved in other roadway collisions.
We investigate cases involving drivers who fail to yield, make unsafe left turns, change lanes without ensuring the lane is clear, follow too closely, run traffic signals, drive while distracted, speed, or operate under the influence.
A common liability dispute occurs when a vehicle turns left across the path of an approaching motorcycle.
The investigation may focus on the location and timing of the turn, the motorcycle’s speed, sight distance, traffic signals, witness observations, vehicle damage, video, and whether the turning driver had sufficient time to complete the maneuver safely.
A driver should not assume that a motorcycle is farther away merely because its smaller profile makes distance or speed more difficult to judge.
A motorcycle can be difficult for an inattentive driver to detect before changing lanes.
Blind-spot disputes may require analysis of mirror position, the relative location of the vehicles, turn signals, roadway markings, photographs, witness accounts, onboard vehicle technology, and available video.
The fact that a motorcycle was beside another vehicle does not by itself establish which party caused the collision.
A motorcyclist struck from behind can be thrown from the motorcycle or pushed into another vehicle or object.
Relevant evidence may include stopping distance, following distance, skid marks, vehicle damage, traffic conditions, roadway surface, electronic data, and whether the following driver was distracted.
Intersections can produce disputes involving right-of-way, traffic signals, stop signs, turning movements, visibility, and vehicle speed.
Motorcycles also present a unique signal issue under Illinois law. When a steady red traffic signal fails to detect a motorcycle because of its size or weight and does not change within a reasonable period of at least 120 seconds, Illinois law provides a procedure allowing the rider to proceed after yielding to traffic with the right of way.
Motorcycle riders are subject to the Illinois Vehicle Code just as other roadway users are, along with several provisions specifically addressing motorcycles.
A traffic violation does not automatically determine civil liability. However, evidence that either the rider or another driver violated a safety law can become relevant to determining negligence and comparative fault.
Illinois does not currently impose a general helmet requirement on people operating ordinary street motorcycles.
The Illinois Vehicle Code does, however, require motorcycle operators and passengers to use qualifying glasses, goggles, or a transparent shield. Contact lenses alone do not satisfy the statutory eye-protection requirement.
We strongly distinguish safety recommendations from legal requirements when evaluating fault.
The absence of a helmet does not automatically establish that a motorcyclist caused the collision. Liability for causing the crash and arguments concerning the nature or extent of particular injuries are separate issues.
Illinois law permits a passenger only when the motorcycle is designed to carry more than one person and has an appropriate passenger seat. The passenger must be capable of resting a foot on the footrest while the motorcycle is moving, and a motorcycle carrying a passenger generally must have passenger footrests.
The operator must also remain seated astride the motorcycle, facing forward, and keep at least one hand on a handlebar grip while the motorcycle is moving.
Illinois requires a driver to possess a valid license with the proper classification for the vehicle being operated.
A licensing violation may become part of an insurance company’s argument after a crash, but lack of the proper classification does not automatically prove that the rider caused the collision. The relevant question remains whether particular conduct contributed to the accident or damages.
Your health and immediate safety come first.
Call 911 when appropriate and obtain emergency care based on the circumstances. If your physical condition allows, preserve information about the crash before vehicles and debris are removed.
Useful evidence can include photographs of the motorcycle and other vehicles, roadway markings, debris, traffic controls, surrounding property, visible injuries, and damaged riding equipment.
Obtain witness names and contact information when possible.
Do not repair or dispose of the motorcycle before the condition of the bike has been adequately documented. In a seriously disputed case, the motorcycle itself may become evidence concerning impact location, mechanical condition, or the forces involved.
Medical treatment should be based on your symptoms and medical needs. Motorcycle crashes can produce orthopedic, neurological, and internal injuries that may require additional diagnostic testing after the initial emergency evaluation.
Damaged gear may help document the mechanics and severity of a collision.
A helmet, jacket, gloves, boots, eyewear, or other equipment may contain scraping, tearing, impact marks, or other physical evidence showing how the rider contacted the vehicle or roadway.
We do not recommend preserving gear simply to make an injury appear more serious. Its value is evidentiary.
When liability or injury mechanics are disputed, photographs and the physical condition of the motorcycle and protective equipment may help reconstruct what occurred.
Every case requires a different investigation.
Depending on the circumstances, evidence can include crash reports, photographs, surveillance footage, traffic-camera recordings, witness statements, vehicle event data, cellphone records when legally obtainable, roadway measurements, medical records, repair records, motorcycle damage, and expert analysis.
A motorcycle may also have aftermarket cameras, GPS equipment, electronic systems, or other technology containing useful information.
Evidence can disappear quickly. Surveillance may be overwritten, vehicles repaired, road conditions changed, and witnesses harder to find.
Our Motor Vehicle Accident Lawyers page explains the broader accident-investigation process.
Motorcycle crashes frequently result in multiple injuries because the rider can experience both the initial vehicle impact and a secondary impact with the pavement or another object.
We handle cases involving fractures, traumatic brain injuries, concussions, spinal cord injuries, cervical and lumbar disc injuries, radiculopathy, shoulder injuries, knee injuries, nerve damage, internal injuries, road-rash injuries, permanent scarring, and other serious conditions.
Some riders require orthopedic surgery, spinal procedures, reconstructive treatment, rehabilitation, injections, or prolonged physical therapy.
The full value of a claim cannot be determined from the emergency-room diagnosis alone. We evaluate the complete treatment history, prognosis, permanent limitations, future medical needs, and effect on employment and daily life.
A motorcycle crash can cause a concussion or more serious traumatic brain injury when the rider’s head strikes a vehicle, pavement, or another object.
Symptoms can involve headaches, dizziness, memory difficulties, impaired concentration, sleep disturbance, balance problems, emotional changes, and other neurological effects.
Objective imaging is not the only consideration in a brain-injury claim. The diagnosis, neurological evaluation, treatment, functional changes, and credible evidence concerning the person’s condition before and after the crash can all matter.
Our Traumatic Brain Injury Lawyers page addresses these claims in greater detail.
Motorcycle riders can suffer cervical and lumbar spine injuries, fractures, shoulder damage, knee injuries, and other orthopedic trauma.
A rider who undergoes surgery or develops permanent physical restrictions may have damages extending far beyond the initial medical bills.
We consider future treatment, permanent impairment, inability to perform previous work, loss of earning capacity, and other medically supported consequences when evaluating a serious claim.
An insurance company may attempt to make helmet use an issue when the rider suffered a head or facial injury.
That does not change the fact that Illinois does not impose a general helmet requirement on street motorcycle riders. Current Illinois law specifically mandates qualifying eye protection for motorcycle operators and passengers.
Whether the absence of a helmet could be relevant to a particular damages issue is different from deciding who caused the collision.
We evaluate those arguments based on Illinois evidence law, medical causation, the injuries actually sustained, and the circumstances of the crash rather than accepting an insurer’s assumption that an unhelmeted rider should automatically receive less compensation.
Yes. An injured motorcycle passenger may have a claim when another driver or the motorcycle operator negligently caused the accident.
Depending on the facts, more than one driver may share responsibility.
A passenger ordinarily has little control over how either vehicle is operated, but passenger conduct can still become relevant in unusual circumstances.
We investigate all applicable insurance policies rather than assuming that only one source of recovery exists.
Illinois follows modified comparative negligence.
A person whose contributory fault is 50 percent or less may recover damages, but the award is reduced in proportion to that fault. A person found more than 50 percent responsible for the proximate cause of the injury is barred from recovering.
For example, if total proven damages are $300,000 and the rider is found 20 percent responsible, the recovery would be reduced to $240,000.
At exactly 50 percent responsibility, the rider may still recover 50 percent of the proven damages.
Motorcycle cases can attract unsupported assumptions about speeding, aggressive riding, or risk-taking. We evaluate comparative fault from actual evidence rather than stereotypes about motorcyclists.
An Illinois motorcycle accident claim may potentially include past and future medical expenses, lost wages, diminished earning capacity, pain and suffering, disability, loss of normal life, emotional consequences, and disfigurement when supported by the evidence and applicable law.
Property damage to the motorcycle and riding equipment may also be recoverable.
There is no reliable average motorcycle settlement. Claim value depends on liability, comparative fault, medical treatment, permanent impairment, future care, employment consequences, insurance coverage, and the strength of the evidence.
A rider requiring surgery and facing permanent work restrictions presents a different claim from someone who recovers fully after limited treatment, even if both accidents initially appear similar.
A serious motorcycle injury can exceed the liability insurance available from the negligent driver.
Uninsured motorist coverage may become relevant when the responsible driver has no applicable insurance. Underinsured motorist coverage may provide additional compensation when the negligent driver has insurance but insufficient limits.
Coverage disputes can involve policy language, notice requirements, ownership, household coverage, exclusions, and the circumstances surrounding the crash.
We examine available policies rather than assuming the at-fault driver’s policy represents the only possible recovery.
When a motorcycle collision results in death, qualifying family members may have rights under the Illinois Wrongful Death Act, together with a potential Survival Act claim.
Those cases require analysis of the family relationship, financial and household contributions, grief and loss of society, pre-death damages when applicable, and available insurance.
Our Illinois Wrongful Death Lawyers page explains these claims in greater detail.
Illinois generally requires a lawsuit for personal injury to be commenced within two years after the cause of action accrues.
That general two-year period is not the deadline for every possible motorcycle case.
Different rules can apply when a government entity is involved, when the injured person is a minor or legally disabled, when a product defect contributed to the accident, when the crash resulted in death, or when another specialized statute applies.
The deadline should therefore be determined from the facts of the specific case.
Waiting also creates practical problems. Physical evidence, surveillance recordings, witness recollections, and motorcycle damage may disappear long before the formal filing deadline.
Illinois currently does not have a general helmet requirement for ordinary street motorcycles. State law does require qualifying eye protection for operators and passengers.
Potentially. Failure to wear a helmet does not establish who caused the collision. An insurer may attempt to raise helmet use in connection with particular injuries, but liability and medical causation must be evaluated separately.
Yes, if your contributory fault does not exceed 50 percent. Your damages are reduced by your percentage of responsibility. More than 50 percent fault bars recovery.
A left-turn collision requires analysis of right-of-way, speed, distance, traffic controls, visibility, and the timing of the turn. The fact that the other vehicle was turning does not eliminate the need to investigate the complete accident.
Yes. A passenger may potentially pursue a claim against another negligent driver, the motorcycle operator, or multiple responsible parties depending on the evidence.
Applicable uninsured motorist coverage may provide a source of recovery. Underinsured motorist coverage may apply when the responsible driver’s liability limits are insufficient.
Not before its condition has been adequately documented when liability or accident mechanics may be disputed. Photographs and, in some cases, inspection of the motorcycle can preserve important evidence.
There is no dependable average. Value depends on fault, medical evidence, injury severity, surgery, permanent limitations, future care, wage loss, insurance coverage, and other case-specific factors.
Most ordinary Illinois personal injury actions are subject to a general two-year limitation period, but exceptions and different statutes may apply.
Visit our Motor Vehicle Accident Lawyers page and Illinois Car Accident Claims Guide for additional information about evidence, comparative negligence, insurance coverage, injuries, and claim valuation.
A serious motorcycle accident can create medical, employment, insurance, and financial problems at the same time. Riders may also face disputed liability or assumptions about how the motorcycle was being operated.
At Robert Edens Law Office, we investigate the evidence rather than relying on those assumptions.
We represent injured riders and passengers throughout Antioch, Waukegan, Grayslake, Gurnee, Lake Zurich, Round Lake, Lake Villa, Libertyville, Woodstock, McHenry, Crystal Lake, Barrington, and surrounding Northern Illinois communities.
Call us at(847) 395-2200 or contact us to request a consultation about an Illinois motorcycle accident.
For additional answers about insurance, damages, comparative negligence, medical treatment, and filing deadlines, visit our Illinois Personal Injury And Workers’ Compensation FAQs.
Every motorcycle accident depends on its individual facts and evidence. Prior results do not guarantee a similar outcome, and this page provides general legal information rather than legal advice concerning a particular collision.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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