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


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