Illinois Motorcycle Accidents: Unique Laws Differ from Car Crashes

Web Admin - Thursday, May 08, 2014

illinois motorcycle accident attorneySome of the most dangerous traffic accidents that occur in Illinois involve motorcycles. These crashes can often cause more severe injuries due to the lack of some safety features that are common in cars. In fact, while motorcycle crashes account for only 1.5 percent of total crashes, they are responsible for 16.7 percent of fatal crashes, according to a report released by the Illinois Department of Transportation. Motorcycle accidents are an unusual case of traffic accident. While the law surrounding them is similar to the law surrounding ordinary car crashes, there are technical differences between cars and motorcycles that can make motorcycle accidents unique.

Motorcycle Accident Law

The law surrounding motorcycle accidents is much like the law surrounding other traffic accidents. The most common person from whom the victim attempts to receive compensation is the other driver involved in the accident. However, some cases may also involve lawsuits against the manufacturer of the motorcycle or against the municipality in which the accident occurred.

In a case against another driver, the most common legal theory will be one known as negligence. To prove that the other driver was negligent, the victim will need to show four things:

  • 1. The other driver had a duty to exercise reasonable care not to harm the other driver (this is almost always true of people sharing the road);
  • 2. The other driver acted in some way that breached that duty (speeding, talking on the phone, etc.);
  • 3. That breach caused the accident; and
  • 4. The accident caused harm to the plaintiff.

If a person is pursuing a case against the manufacturer, then their lawyer will be arguing that the product, in this case the motorcycle, was flawed in some way. This could be from issues like substandard manufacturing or poor overall design. Finally, in rare cases, a victim may be able to sue the city in which the accident occurred, if poor upkeep of infrastructure caused the accident.

Unique Concerns for Motorcycles

While the law that applies to motorcycle accidents looks very similar to the law that applies to traffic accidents, there are some unique considerations for bikers. One of the most common issues is that of “comparative negligence.” Comparative negligence is a doctrine that tells injuries to reduce the damages that a victim can recover if the victim’s negligence also led to the accident in some way. While this doctrine applies to standard car accidents as well as motorcycles, riding a motorcycle requires extra skill and may involve more danger, so there are more chances to apply the doctrine. Similarly, suing the manufacturer after the motorcycle accident can also present unique challenges because of the differences in engineering and technology for motorcycles as opposed to automobiles.

If you have recently been involved in a motorcycle accident, contact an experienced Illinois personal injury lawyer today. Our skilled attorneys handle cases from across the northwest suburbs, including towns like Deer Park, Barrington, and Des Plaines.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Recent Posts


owner responsibility healthcare claims employment attorney Palatine Attorney Inverness real estate lawyer criminal record personal injury lawyer rumble strips Chicago estate planning lawyer Barrington estate planning attorney Des Plaines medical malpractice attorney Illinois Wage Payment and Collection Act unpaid assessment Long Grove real estate lawyer Transfer on Death Instrument Inverness corporate attorney installment contracts Crystal Lake pedestrian accident lawyer elder abuse life insurance policy Illinois boating accident lawyer Illinois estate planning attorney Illinois will lawyer Illinois personal injury lawyer Des Plaines pet law attorney FSLA taxes Crystal Lake medical malpractice law firm Palatine life insurance lawyer Rolling Meadows insurance attorney drug crime Barrington drug crime attorney Palatine civil litigation lawyer forming a corporation in Illinois guardianship attorney estate attorney Arlington Heights personal injury lawyer golf accidents Illinois LLC creation Illinois employment attorneys digital evidence Buffalo Grove probate lawyer college kids Illinois jet ski accident lawyer murder charges independent contractor employment lawyer Crystal Lake civil litigation lawyer liens murder Crystal Lake personal injury attorney holiday statistics civil rights violation subcontractor probate claims process Illinois mortgages real estate attorneys Illinois insurance claims lawyers Illinois law trusts commercial leasing probate process homestead rights Inverness insurance attorney Arlington Heights traffic attorney Barrington boating accident attorney Schaumburg wrongful death attorney Arlington Heights lawyer workers comp Rolling Meadows marijuana attorney comp time privacy breathalyzer test Schaumburg real estate lawyer Illinois probate lawyer FMLA Illinois Probate Act of 1975 real estate lawyer medical marijuana IRA trust transfer Palatine insurance lawyer trench injuries Illinois civil litigation lawyer fault based insurance icy parking lots Schaumburg insufficient documentation Illinois insurance claim attorney Palatine traffic accidents traffic violations defense Home Sale Contingencies Schaumburg estate attorney Rolling Meadows personal injury attorney car accident lawyer Illinois traffic attorney Rolling Meadows employment law attorney Des Plaines drug lawyer texting and driving car accident lawyers Illinois rollover accident lawyers clemency mass shooting POA eluding a police officer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation reckless homicide controlled substance insurance claim denial Illinois personal injury attorney Des Plaines DUI attorney Buffalo Grove injury lawyer car accident Barrington employment law attorney Arlington Heights employment attorney life insurance claims Illinois traffic laws license revocation digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers real estate contract living trust vs will Illinois collections attorney TBI insurance claims denied insurance claims anesthesia errors hit and run accident civil litigation Rolling Meadows real estate attorney BAIID privacy laws Kenilworth estate planning attorney Crystal Lake personal injury lawyer IRS Chicago will attorney, social media platforms, Illinois estate planning lawyer, vacation home Illinois insurance claim dispute lawyer Rolling Meadows accident lawyer Mt Prospect Attorney insurance adjusters hands free device Crystal Lake will lawyer insurance agent negligence rent to own real estate contracts trucking accident lawyers liability startup company Barrington litigation attorney Illinois personal injury liability claims foreclosure Illinois red light cameras Des Plaines collections attorney Rolling Meadows litigation lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, LLCs dynasty trusts real estate attorney Palatine elder law attorney Illinois medical malpractice attorney Illinois lawyer Super Mario Des Plaines insurance attorney pain and suffering employment contract Buffalo Grove traffic attorney filing a medical malpractice claim DUI workplace sexual harassment Schaumburg injury lawyer wills and trusts Barrington personal injury attorney Illinois real estate lawyer Inverness personal injury attorney Buffalo Grove medical malpractice lawyers distracted driving accident victims Deer Park criminal attorney distracted driving accidents Arlington Heights employment law attorneys Schaumburg probate attorney Illinois workers compensation lawyer Rolling Meadows insurance dispute lawyers, insurance dispute Rolling Meadows corporate lawyer loss of consortium Employment Discrimination Law probate claims appealing an insurance claim Crystal Lake business law attorneys Crystal Lake insurance lawyer Palatine employment attorney Arlington Heights wills and trusts lawyers Rolling Meadows Attorney wrongful death Illinois employee rights attorney. Illinois estate planning Crystal Lake medical malpractice attorneys insurance agents sexual harassment Buffalo Grove insurance claim dispute lawyers Des Plaines civil attorney Buffalo Grove corporate attorney overtime pay Des Plaines personal injury lawyers drug possession creditors cell phone preventing accidents Schaumburg insurance lawyers medical malpractice claims Illinois criminal defense attorney Illinois defective products attorney unfunded trust Des Plaines Traffic Lawyer power of attorney for healthcare Arlington Heights pedestrian accidents IRELA Chicago insurance law firm suspended license Kenilworth estate planning attorneys Rolling Meadows employment attorney Rolling Meadows employment law attorneys DUI attorney defective products personal injury law firm modern family estate planning Illinois trusts attorney dram shop law living wills operating agreements Illinois bicycle safety material misrepresentation Crystal Lake car accident lawyer whistleblower protections Des Plaines tax law firm insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys wills probate first degree murder Schaumburg elder law lawyer Inverness estate planning lawyer IRA benefits Illinois pedestrian accident attorney Detainer Actions overtime violations Illinois living will Arlington Heights estate planning attorney Crystal Lake employment lawyer in terrorem provision agent Illinois employment lawyer Schaumburg personal injury attorney Illinois registered agent truck collisions estate planning lawyer Rolling Meadows car accident lawyers insurance negligence Illinois workplace lawyer defective products lawyer Crystal Lake employment attorney estate planning Illinois estate planning law firm bike accident Illinois tax attorney life insurance lawyer Illinois car accident attorney Illinois Human Rights Act home inspection lawyer revenge porn job lawyers deadly crashes Palatine construction attorney traffic crimes Barrington Illinois estate planning lawyer Chicago life insurance attorney caregiver digital media accounts, estate planning, Arlington Heights estate planning attorney, Whistleblower Claims Chicago biking tips Arlington Heights trucking lawyer Rolling Meadows criminal attorney Des Plaines motorcycle accident attorney Schaumburg criminal law attorney Chicago trucking accident attorney rollover car crashes lapse in policy deed transfer Crystal Lake criminal defense attorney spinal cord injuries estate plan Arlington Heights wills and trusts attorneys Des Plaines real estate attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Chicago attorney PTSD life insurance claim denial, denial of life insurance claim Palatine criminal defense lawyer Chicago lawyer boating DUI Arlington Heights Attorney Illinois employment law Fourth of July Barrington employment attorney internet Palatine employment lawyer brain injury Landlord Tenant Ordinance pizza emoji Illinois real estate Rolling Meadows traffic law firm Buffalo Grove real estate attorney pregnant women Buffalo Grove employment lawyer Rolling Meadows tax attorney Illinois wrongful termination lawyer Mount Prospect real estate lawyer unpaid overtime Arlington Heights car crash attorneys license suspension bad faith insurance claims drug crimes lawyer Des Plaines criminal attorney fatal car accidents denied insurance claim BUI cell phone tower data commercial real estate speeding Arlington Heights personal injury attorney Arlington Heights tax lawyer living trust Illinois wills and trusts elder law Crystal Lake estate planning lawyer Barrington criminal defense lawyer Crystal Lake traffic attorney business litigation boating accidents senior citizens denial of insurance claim Schaumburg life insurance attorney workers compensation Palatine real estate lawyer traffic violations Arlington Heights real estate lawyer Long Grove estate planning attorney Rolling Meadows personal injury lawyer medical research Riverwoods estate planning lawyer Food and Drug Administration's Food Safety Modernization Act Joliet general practice lawyers Illinois job attorney employment law South Barrington real estate lawyer sexual images real estate zoning Illinois employment law, Illinois employment laws Schaumburg car accident attorney comparative negligence Forcible Entry Illinois Transfer on Death Instrument motorcycle accident lawyer compensatory time Illinois personal injury lawyers real estate leasing Rolling Meadows Traffic Lawyer South Barrington real estate attorney car accidents Crystal Lake traffic lawyer condo health insurance dispute sole proprietorship Illinois insurance dispute lawyers Affordable Care Act insurance attorney natural gas Schaumburg personal injury lawyers GM ignition switches product liability child safety Arlington Heights wills and trusts attorney Deer Park accident attorney denial of life insurance Palatine injury attorney landlord tenant law Barrington workers compensation attorney insurance claim dispute attorney Palatine workers compensation lawyer Arlington Heights TBI attorney insurance dispute attorney minimum wage vacation home fines Palatine trusts lawyer automated cars medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers commercial leases blended families car collision estate tax Illinois medical malpractice case Illinois Trust Code Schaumburg employment attorney Barrington real estate lawyer Palatine corporate attorney how to avoid common denials of life insurance claims pay when paid contract Palatine punch death Barrington business law firm Illinois attorney traffic offenses construction accidents foreclosed rental property Rolling Meadows medical malpractice lawyers estate planning trusts Schaumburg employment law attorneys meal breaks Self-Directed IRA Accounts trust payments Illinois medical malpractice claim Des Plaines real estate lawyer top life insurance claim denials corporate law car crash injuries Schaumburg drug defense lawyer car crash Crystal lake insurance dispute attorney food poisoning Des Plaines personal injury lawyer landlord personal injury accidents Chicago employment attorney DUI defense underfunded trust Illinois construction accident attorney Schaumburg civil litigation attorney Chicago car accident lawyer Rolling Meadows traffic attorney tax attorney Barrington personal injury lawyer healthcare Palatine estate planning lawyer underinsured motorist drunk driving work unions Liquor Control Act traumatic brain injury Palatine drug lawyer Rolling Meadows personal injury lawyers Inverness injury lawyer Crystal Lake employment law attorney employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys DUI penalities Des Plaines accident attorney Illinois workers compensation attorney ken apicella Schaumburg estate planning attorney School Visitation Rights Act coronavirus employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Arlington Heights medical malpractice lawyer pedestrian accidents cause-of-death exclusions pet bites jet ski accidents Deer Park traffic lawyer attorney fees Palatine corporate law attorneys Des Plaines personal injury attorney Illinois wills and trusts attorneys involuntary manslaughter CAM probate lawyer Illinois insurance disputes Barrington civil litigation attorney spinal cord injury insurance claim dispute Inverness probate lawyer Arlington Heights insurance attorney Illinois employment law firm medical malpractice compensation Deer Park traffic accident attorney Illinois insurance lawyer Schaumburg criminal attorney Barrington injury attorney Illinois home inspection Chicago traffic lawyer DGAA BAC Rolling Meadows boating crash lawyer cell phone accidents Do Not Resuscitate Des Plaines claims law firm caretaker rights manufacturing Illinois pet lawyer rollover accidents Illinois traffic ticket lawyer no contest clauses criminal workers compensation benefits wage theft Illinois insurance claim dispute lawyers premises liability swimming pools Des Plaines injury law firm crossover accidents boating under the influence personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys pedestrian accident disability benefits medical malpractice Inverness real estate attorney personal injury claim federal crimes Palatine civil attorney Illinois employment laws Arlington Heights criminal lawyer Arlington Heights wills and trusts lawyer Chicago corporate attorney texting while driving drug crimes Crystal Lake accident attorney trucking accidents Mount Prospect elder law attorney trauma after an accident bicycle accidents Buffalo Grove traffic lawyers Buffalo Grove criminal defense lawyer Palatine probate lawyer murder defense products liability estate planning for college students Illinois business law atorneys pedestrian-automobile accident insurance claim delay Barrington life insurance lawyer marijuana crimes attorney medication errors Des Plaines financial advisors Palatine personal injury lawyer Thanksgiving Colin H. Gilbert Colin Gilbert paid sick leave loopholes Illinois workplace discrimination attorney unauthorized overtime Inverness civil lawyer Legal Info Buffalo Grove car accident lawyer slip and fall pet law Des Plaines drug crimes lawyer Rolling Meadows criminal lawyer underage DUI Exclusions Barrington estate planning lawyer Rolling Meadows probate lawyer Rolling Meadows insurance lawyer Retaliatory Discharge accidental death benefits Illinois speeding lawyer Arlington Heights injury attorney Illinois corporate lawyer blood alcohol content Crystal Lake pet attorney beneficiary complications Class A misdemeanor wrongful termination ObamaCare low-ball insurance settlement Illinois medical malpractice lawyers problem employees car crashes wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Inverness traffic law firm Rolling Meadows business lawyer Deer Park medical malpractice attorney small business Illinois elder law attorney Illinois DUI attorney Illinois insurance attorney Palatine law firm head on collisions Rolling Meadows insurance dispute lawyers driving marijuana insurance denials Chicago will attorney investment property personal injury Buffalo Grove life insurance attorney Crystal Lake bike accident lawyer dog bites construction contracts digital information Illinois trucking safety Kenilworth estate planning lawyer Inverness accident lawyer Crystal Lake medical malpractice lawyer traumatic brain injuries Illinois traffic attorneys Deer Park real estate law firm Long Grove estate planning attorneys Arlington Heights car accident lawyer drugs employee misclassification Barrington criminal lawyer Schaumburg personal injury lawyer Buffalo Grove personal injury attorney Illinois driving without license Barrington attorney capital gains tax Schaumburg medical malpractice lawyer Crystal Lake tax lawyer irrevocable trust Long Grove real estate attorney Illinois Workers’ Compensation Commission auto accidents Rolling Meadows life insurance claim denial attorney traffic laws most common reasons for life insurance claim denials Schaumburg corporate attorney Long Grove wills and trusts attorneys Buffalo Grove law firm Illinois small business mortgage federal regulations for LLCs Barrington employment law firm Rolling Meadows drug defense attorney estate planning attorney insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Home Remodeling Repair Act Jay Andrew breach of contract llinois Real Estate Lawyers Association Long Grove estate planning fiduciary rule delay Barrington Traffic Lawyer insurance denial appeals Deer Park personal injury lawyer pedestrian injuries, pedestrian fatality hiring employees living trust benefits severance agreements criminal law Crystal Lake law firm changes to mortgage law probate fees uninsured motorist Buffalo Grove personal injury lawyer traffic accidents Illinois traffic accident lawyer nursing home negligence preventable medical errors criminal defense Deer Park workers compensation lawyer Crystal Lake car accident attorney Mount Prospect wills and trusts lawyers Illinois Smoke Detector Act employees residential real estate Palatine business attorney insurance disputes Illinois business lawyer Fair Labor Standards Act gift taxes personal injury attorney Policy Cancellation Deer Park DUI lawyer Crystal Lake injury attorney license expungement bicycle dooring accidents Rolling Meadows estate planning attorney employee discrimination condo association Schaumburg construction accident lawyer jet ski insurance dispute insurance claim denials traffic tickets Family Medical Leave Act Rolling Meadows DUI lawyer Federal Food Drug and Cosmetic Act motorcycle accident consent to a search real estate employee rights Chicago estate planning advance healthcare directive Chicago employment lawyer trustee Arlington Heights accident attorney new real estate form income distribution deducation contracts traffic deaths Schaumburg estate planning lawyer special needs trust field sobriety test license reinstatement DNR fiduciary rule Inverness DUI lawyer drunk driving statistics Illinois employment law attorneys Deer Park employment law attorney social media after death ACA gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys DMV Illinois injury lawyer civil litigation attorney natural gas explosion right to work surgical mistakes power of attorney Arlington Heights Traffic Lawyer rest breaks Chicago insurance claim attorneys real estate closing Deer Park motorcycle accident lawyer slip and fall accidents Schaumburg traffic lawyer Palatine employment law lawyer Barrington medical malpractice lawyers Illinois motorcycle accident lawyer Attorney Ken Apicella digital assets Rolling Meadows personal injury claims Illinois employment law attorney life insurance Illinois Sales Representative Act institutional trustee insurance claim Schaumburg Attorney dealing with problem employees Inverness elder law lawyer back injuries Palatine traffic lawyer