Illinois Motorcycle Accident Law

According to the U.S. National Highway Traffic Safety Administration (NHTSA) 2008 crash statistics, motorcycles account for 14% of traffic fatalities in Illinois, yet represent just 4% of all vehicles in the state.

Injuries from any type of accident, including motorcycle crashes, can cause long term disability. Injuries sustained could require medical care, rehabilitation, or affect your ability to work long into the future; however, you only have a limited time frame to file a claim for compensation.

Under Illinois law, you entitled to seek compensation for medical bills, lost wages, long term disability, future care costs and pain and suffering from the party at fault for your accident.

If the other driver was at fault for the accident, you may wish to file a claim with their insurance provider. They will require some proof that their customer was at fault for the accident. Witness statements, police records and traffic tickets may be sufficient evidence to prove the other driver was at fault. The at-fault driver’s insurance provider may offer you a settlement; be aware that they typically require you to sign a document that will release them from any further responsibility. If they decline your claim you may be able to file a claim with your insurance provider.  You are not required to accept a settlement from any insurance company if you do not believe it is sufficient.  An experienced attorney can help you negotiate a larger settlement or file a lawsuit and take the case to trial if you are unable to agree on terms.

Motorcycle Injuries

are sustained every year in Illinois. Some of the most common motorcycle injuries are;

Brain damage and spinal cord injuries can leave a rider disabled for life, affecting their ability to earn a living or perform every functions. Some shoulder and back injuries can cause pain and suffering long term, even requiring surgery years after the incident. Scarring can be traumatic, especially for younger riders. Attempting to fully recover from your injury can require long term care and rehabilitation.

llinois has a “comparative negligence” law (735 ILCS 5/2-1116) which means that more than one person can be at fault in an accident. Under this law, you can collect damages if you are less than 50% at fault for the accident, with the other party being “mostly at fault”.

What does this mean? If you were speeding when your accident occurred, but the other driver was drunk and driving in the wrong lane, the law may find that they were mostly responsible for the accident and you would still be entitled to seek compensation.

Motorcycle Fatalities

In 2010 and 2011 combined, 253 Illinois motorcycle riders were killed in traffic accidents. If a loved one has died to due a motorcycle accident and the other driver was at fault, if mechanical failure occurred that resulted in the accident, or if the accident was a result of improper roadway design, you may be entitled to compensation for the “wrongful death” of your loved one. Mike Brennan can discuss your options with you.

Defective Product Liability as it Applies to Motorcycles in Illinois

Motor vehicle manufacturers have a duty to attempt to notify owners of recalled vehicles or vehicle equipment, and make necessary repairs at no cost to the owner. If you believe your motorcycle accident was a result of equipment failure, the manufacturer may be liable for damages if they knew there to be a safety concern and they failed to take action (or failed to take enough action) to remedy the problem.

Our firm will research the failure, attempt to uncover records of prior accidents stemming from the same failure and assess previous safety tests. Industry experts, including motorcycle designers and engineers may be employed as consultants or to testify as witnesses.

You can research your motorcycle’s make, model and year to determine if there have been any recalls that may apply to you by visiting .  Remember that recalls are often not announced until the manufacturer or NHTSA receives a number of complaints about a particular issue. Give us a call if you believe your motorcycle was defective and resulted in injury or death.

In Illinois, you have a limited time to file your motorcycle accident case. Call today for a free consultation. Michael Brennan is the motorcycle accident attorney who will fight for the compensation that you are entitled to.

About Michael J. Brennan

Michael J. Brennan is a former Illinois State’s Attorney with more than 25 years of trial experience. His tough, results-driven approach will ensure that you get the highest level of compensation for yourself and your family. With offices conveniently located in Orland Park, Illinois, as well as downtown Chicago, Michael Brennan requires no fees until you achieve your compensation settlement. Call us for a free consultation.