Sharing the road with motorcycles is tricky at times, especially in heavy traffic. The mobility, quick acceleration, and frequent lane changes of motorcycles make accidents a risk for everyday drivers.
While some drivers view motorcycles as a menace, most bikers are law abiding and simply prefer the feel of a ‘bike’ under them. With new motorcycle registrations growing every day, drivers must learn to share the road.
To learn more, we put together this guide on what you need to know about motorcycle accidents in Chicago.
Illinois Motorcycle Laws
In Illinois, lane splitting is strictly illegal under statute 625 ILCS §5/11-703(c).
This means motorcyclists are prohibited from riding between lanes of slow-moving or stopped traffic. Violating this law means significant penalties, including fines up to $2,500, probation, or even jail time. If found guilty, this may even impact liability in an accident.
Interestingly enough, unlike many other states, Illinois does not have a universal helmet law. Regardless of age, motorcyclists and passengers are not required to wear a helmet, despite being heavily encouraged by the state.
Data from the National Highway Traffic Safety Administration (NHTSA) indicates that motorcycle helmets are highly effective in preventing fatal injuries, reducing the risk of death for riders by 37% and passengers by 41%.
Unhelmeted riders are 40% more likely to sustain a fatal head injury, and 15% more likely to suffer a non-fatal injury according to reports.
It is crucial to note that while helmets are not required, eye protection (such as a windshield, shatterproof glasses, or a face shield) is mandatory for all riders.
Motorcycle insurance is also mandatory in Illinois. Riders must carry minimum liability coverage of $25,000 for bodily injury to one person, $50,000 for bodily injury per accident, and $20,000 for property damage.
Additionally, uninsured/underinsured motorist bodily injury coverage of at least $25,000 per person and $50,000 per accident is required.
Motorcycle Accidents in Chicago
Motorcycle accidents continue to be a significant concern in Cook County.
In 2021, there were 3,275 total motorcycle crashes in Illinois, resulting in 2,381 injury crashes and 168 fatal crashes.
Notably, in 2021, Cook County and Will County, both in the Chicago area, accounted for 33.3% of all motorcyclist fatalities, with Cook County alone reporting 47 fatalities.
These stats highlight the heightened risk of riding a motorcycle in the city, and riders should recognize the importance of following all safety procedures to limit accidents, injuries, and fatalities.
What To Do if You’re in a Motorcycle Accident in Chicago
Chicago Motorcycle Accident Checklist.pdf
Motorcycle accidents in Chicago can be devastating, leading to severe injuries and significant financial burdens.
Knowing the immediate steps to take can protect your health, your rights, and any potential legal claims.
Here’s a crucial checklist for what to do if you’re involved in a motorcycle accident in Chicago:
1. Prioritize Safety and Seek Immediate Medical Attention
Your health is the absolute top priority.
If possible, move yourself and your motorcycle out of the path of traffic to prevent further collisions.
Check yourself and any others involved for injuries.
Don’t forget to immediately call 911 to report the accident. Request both police and paramedics, even if any injuries seem minor.
Immediate medical attention creates a medical record trail that links your injuries to the accident, which helps with any future insurance claims or legal action.
2. Report the Accident to Law Enforcement
Do not leave the scene until police arrive and complete their report.
Fleeing the scene, even if there’s only property damage, can result in a “hit-and-run” charge (a misdemeanor for property damage, a felony for serious injury or death).
Under Illinois law (625 ILCS 5/11-408), every driver involved in an accident resulting in a fatality, bodily injury, or more than $1,500 in property damage (or $500 if a driver is uninsured) must file a crash report with local law enforcement.
If police do not come to the scene, it is still your responsibility to report the accident to the Illinois State Police or local authorities within 10 days.
3. Gather Evidence at the Scene
If your injuries permit, collecting information at the scene is critical.
Obtain the names, contact information, driver’s license numbers, vehicle registrations, and insurance information from all other drivers involved.
If possible, ask any witnesses for their names and contact information.
Use your cell phone to take extensive photos and videos of the accident scene.
As soon as you can, while the details are fresh, write down everything you remember about how the accident occurred including the date, time, location, direction of travel, and any contributing factors.
4. Notify Your Insurance Company
Inform your insurance company about the accident as soon as possible.
Many policies have specific deadlines for reporting.
5. Follow Up on Medical Care
Even after initial emergency care, follow all medical advice and attend all recommended follow-up appointments, physical therapy, and specialist visits.
Consistent medical documentation is essential for accurately documenting the extent of your injuries and their impact on your life.
Maintain detailed records of all medical bills, prescription receipts, therapy invoices, and any other accident-related expenses. Also, document any lost wages due to your injuries.
6. Consult a Chicago Motorcycle Accident Attorney
Motorcycle accident cases can be complex, especially with Illinois’ modified comparative negligence rule (735 ILCS 5/2-1116), which can reduce your compensation if you are found partially at fault (and bar it entirely if you are 50% or more at fault).
An experienced Chicago motorcycle accident attorney can help you navigate these complexities.
At FLT, we communicate with insurance adjusters, preventing you from inadvertently harming your claim. We’ve been around the block enough to know how to counter common insurance company tactics, such as lowball settlement offers or attempts to shift blame.
We will also help investigate the accident thoroughly, gather additional evidence, and build a strong case to pursue full compensation for your medical expenses (current and future), lost wages, pain and suffering, property damage, and other losses.
In Illinois, personal injury lawsuits generally have a two-year statute of limitations (735 ILCS 5/13-202). Missing this deadline can forfeit your right to seek compensation. FLT Law ensures all legal deadlines are met.
By following these steps, you can help ensure your health and legal rights are protected after a motorcycle accident in Chicago.
Hurt in a Motorcycle Accident? Contact FLT Law Today.
Injuries from any auto or motorcycle accident can be severe and life-changing. The Attorneys at Friend, Levinson & Turner are knowledgeable and expert in representing people injured in auto and motorcycle accidents.
We make the legal process as stress-free as possible while focusing on recovering the compensation you deserve.
If you or a loved one is injured in an auto accident, call us at 312-346-8465 or contact us using the form below.
