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


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