Motorcycle Accident Injuries and Liability in Illinois

Riding a motorcycle comes with a freedom that many people find hard to give up, but the risks are very real. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists were nearly 28 times more likely to die in a traffic crash than passenger car occupants in 2023, based on miles traveled. In that same year, 6,335 motorcyclists were killed nationwide, representing 15% of all traffic fatalities. If you or someone you love has been hurt in a motorcycle crash in Illinois, understanding how liability works and what injuries to expect can help you make informed decisions about your next steps.

The Injuries Riders Face

Motorcyclists have virtually no physical protection between them and the road, which is why crashes so often result in serious harm. Some of the most common injuries include road rash, broken bones, traumatic brain injuries, spinal cord damage, and internal injuries. Even at relatively low speeds, the impact of being thrown from a motorcycle or struck by a vehicle can be devastating. Long-term treatment, surgeries, and rehabilitation are common, and in some cases injuries result in permanent disability.

Illinois does not have a universal helmet law. Under 625 ILCS 5/11-1404, eye protection such as glasses, goggles, or a transparent shield is required, but helmets are not mandated for adult riders. While this means riders have a choice about wearing helmets, it also means that helmet non-use can become a point of contention in a liability claim if a head injury is involved.

How Illinois Law Determines Liability

Figuring out who is responsible after a motorcycle crash isn’t always straightforward. Was a car driver negligent? Did a road defect cause the crash? Were multiple parties involved? Illinois uses a modified comparative negligence system under 735 ILCS 5/2-1116. Under this framework, an injured rider can recover compensation even if they were partly at fault, as long as their share of responsibility does not exceed 50%. If a rider is found to be more than 50% at fault, they cannot recover anything. And if they are partially at fault but below that threshold, their compensation is reduced in proportion to their percentage of fault.

Insurance companies know this law well and frequently use it as a tool. After a crash, an adjuster may argue that the motorcyclist was speeding, was in a blind spot, or was engaging in unsafe behavior. For example, lane-splitting is prohibited in Illinois under 625 ILCS 5/11-703(c), and if a rider was doing it at the time of the crash, that fact will almost certainly be used against them. This is why evidence preservation and legal strategy matter so much from the very beginning.

Common Liability Scenarios in Motorcycle Crashes

Several types of accidents come up repeatedly in motorcycle injury cases in Illinois:

• Left-turn collisions are the most frequent pattern at intersections, where a driver fails to see an oncoming motorcyclist or misjudges their speed.
• Lane-change crashes happen when a driver moves into a motorcycle’s lane without checking their mirrors or blind spots.
• Dooring accidents occur when a parked driver swings a car door open into a moving motorcyclist’s path. Under 625 ILCS 5/11-1407, drivers are required to check that it is safe before opening a door into traffic.
• Road hazard crashes can be caused by potholes, debris, or uneven pavement that would barely affect a car but can be catastrophic for a motorcycle.

In each of these situations, identifying the responsible party and gathering evidence quickly makes a significant difference in the outcome of a claim.

Talk to a Bloomington Motorcycle Accident Attorney Today

Motorcycle accident cases in Illinois involve specific statutes, comparative fault arguments, and insurance tactics that can be difficult to navigate without legal guidance. If you’ve been hurt, we encourage you to reach out to an experienced attorney before making any statements to insurance companies or accepting any settlement offers.

At Patel Law, PC, our Bloomington motorcycle accident lawyers have the experience and dedication to help injured riders throughout central Illinois fight for the full compensation they deserve. Contact us today for a free consultation at 217-384-1111 or through our website.

Source:

crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813732.pdf