Illinois Motorcycle Accidents Rise in Early Spring—Here’s How to Protect Yourself

As the chill of winter fades, Illinois roads see an influx of motorcycle riders eager to enjoy the warmer weather. While early spring offers a welcome escape from winter’s gloom, unpredictable road conditions and increased traffic can lead to a surge in motorcycle accidents. In this blog, we discuss common risks, share practical safety tips, and explain why having the right legal support—whether you need a Champaign motorcycle accident lawyer or guidance for other accident types—can make all the difference.

Why Early Spring is a Critical Time for Motorcycle Riders

Spring in Illinois can be deceptive. While temperatures rise, remnants of winter such as slippery patches, potholes, and debris from road salt may still lurk beneath the surface. Combined with more riders returning to the road, these factors contribute to a spike in accidents. Whether you’re navigating city streets or the highways of Champaign, staying aware of these hazards is crucial.

Common Causes of Motorcycle Accidents in Early Spring

Motorcycle accidents in early spring often stem from several key factors:

Understanding these risks helps riders take proactive measures to safeguard themselves on the road.

Proactive Safety Measures for Riders

To minimize your risk of an accident, consider the following precautions:

Taking these steps can help you avoid accidents and maintain control, even when conditions are less than ideal.

What To Do If an Accident Occurs

Despite all precautions, accidents can still happen. If you find yourself involved in a motorcycle accident, follow these steps:

Choosing the Right Legal Partner

When accidents occur, having the right legal partner can be critical. At Duncan Law Group, our team is well-versed in handling a variety of cases, including:

Choosing a legal team with broad expertise ensures that whether your case involves a motorcycle, car, truck, or even a rideshare incident, you’re in good hands.

Conclusion

Early spring offers renewed freedom on the roads, but it also brings hidden dangers that can lead to motorcycle accidents. By staying alert, taking proactive safety measures, and knowing what steps to follow if an accident occurs, you can significantly reduce your risk and protect your future. And if the unexpected happens, relying on experienced legal support—from a Champaign motorcycle accident lawyer to experts in other accident types—ensures you have the advocacy you need.

Stay safe, ride smart, and remember that expert legal help is just a phone call away.

If you’ve been involved in a motorcycle accident or any other type of vehicular incident this spring, contact Duncan Law Group today for a free consultation. Your safety and rights are our top priority.

Winter Motorcycle Safety: How Illinois Riders Can Prepare for Cold Weather and Avoid Accidents

As the temperatures drop in Illinois and winter sets in, many motorcyclists choose to put their bikes away until spring. However, there are some riders who brave the cold and continue to ride throughout the winter months. While winter riding can offer its own set of rewards, it also comes with unique dangers that every motorcyclist should be aware of.

In this guide, we’ll explore the risks associated with riding motorcycles during the colder months and offer tips on how to stay safe on the road. Additionally, we’ll discuss what to do if you are involved in a motorcycle accident caused by another driver’s negligence. At Duncan Law Group, we have years of experience helping motorcycle accident victims, and we are here to assist you. If you find yourself in need of legal help, don’t hesitate to reach out to a trusted Champaign motorcycle accident lawyer for guidance.

The Dangers of Winter Riding in Illinois

Riding a motorcycle in cold weather can be thrilling, but it’s important to recognize that it comes with additional hazards. Some of the most significant risks include:

1. Slippery Roads

Winter in Illinois often means snow, ice, and sleet, all of which make for dangerous road conditions. Motorcycles, with their two-wheel structure, are much less stable than cars, and it’s easy for riders to lose control when encountering slippery patches. Black ice is particularly dangerous because it’s nearly invisible to the naked eye, meaning riders may not realize they’re at risk until it’s too late.

2. Reduced Visibility

The sun sets earlier in the winter, and shorter days mean many riders find themselves on the road in the dark more often. In addition, fog, snow, and sleet can dramatically reduce visibility, making it harder for both motorcyclists and drivers to see each other. With less light and more precipitation, accidents become far more likely.

3. Cold Temperatures

Cold weather affects both the rider and the bike. For riders, the freezing temperatures can cause numbness in hands and feet, reducing reaction times and making it harder to control the motorcycle. For the bike, cold temperatures can cause tires to lose traction, and oil and fluids may thicken, affecting performance.

4. Other Drivers

One of the most significant risks to motorcyclists during any season is other drivers. In winter, drivers may be less accustomed to looking out for motorcyclists since many bikes are stored away for the season. Combine that with the fact that cars can easily lose control on icy roads, and the risk to motorcyclists increases dramatically.

How to Prepare for Winter Riding

Despite these risks, riding in winter can be done safely with the right precautions. Below are some tips to help you prepare for the cold weather and avoid accidents while riding your motorcycle in Illinois.

1. Dress for the Weather

Wearing the right gear is crucial in winter. Make sure you’re dressed in layers that provide both warmth and protection. A full-face helmet with an anti-fog visor is essential for visibility and warmth, and heated gloves or hand grips can help keep your hands warm enough to operate the controls. Opt for waterproof outer layers to keep yourself dry and comfortable in case of rain or snow.

2. Check Your Bike’s Condition

Cold weather affects your motorcycle’s performance, so it’s important to give your bike a thorough inspection before heading out. Check the tire pressure, as tires lose air more quickly in cold temperatures. Cold tires are also less grippy, so consider switching to winter tires with better traction. Make sure your oil and other fluids are winter-appropriate, and consider switching to a thinner oil if needed.

3. Ride Slowly and Carefully

Winter roads require more caution than usual. Slow down, especially when turning or cornering, as these are prime moments for your tires to lose traction. Keep a greater following distance than usual, as it will take longer to stop on icy or wet roads. If possible, avoid riding on days when snow or ice is likely to be on the ground.

4. Increase Your Visibility

Since visibility is reduced during the winter, it’s important to make yourself as visible as possible to other drivers. Wearing brightly colored gear or adding reflective materials to your jacket and helmet can help other motorists see you more easily. Make sure your motorcycle’s lights are in good working order, and consider adding auxiliary lights for better illumination in dark or foggy conditions.

What to Do If You’re Involved in a Winter Motorcycle Accident

Even with all the precautions in place, accidents can and do happen. Winter road conditions and negligent drivers can still cause crashes, leaving motorcyclists vulnerable to serious injury. If you’ve been involved in a motorcycle accident due to another driver’s negligence, it’s important to take the right steps to protect your health and your legal rights.

1. Seek Medical Attention

After any motorcycle accident, your first priority should be your health. Even if you feel fine, it’s important to get checked out by a doctor as some injuries, such as concussions or internal bleeding, may not be immediately obvious.

2. Document the Scene

If you’re able, gather as much information as possible from the accident scene. Take photos of the damage to your bike and any injuries you’ve sustained, as well as road conditions, traffic signs, and other vehicles involved. Get contact information from witnesses, as their testimony could be helpful later.

3. Contact the Authorities

Be sure to report the accident to the police, and obtain a copy of the police report. This document will be critical in proving fault and liability in your personal injury claim.

4. Speak with a Champaign Motorcycle Accident Lawyer

Navigating a personal injury claim after a motorcycle accident can be complex, especially when winter road conditions are a factor. An experienced Champaign motorcycle accident lawyer can help you gather evidence, negotiate with insurance companies, and ensure you receive the compensation you deserve for medical bills, lost wages, and pain and suffering.

Legal Options for Winter Motorcycle Accident Victims

When a motorcycle accident occurs because of another driver’s negligence, Illinois law allows victims to seek compensation for their injuries and damages. Motorcyclists have the same rights as other drivers on the road, and just because you choose to ride in winter doesn’t mean you should be blamed for an accident.

Whether the accident was caused by a driver who was speeding, texting, or simply not paying attention, you have the right to hold them accountable. In some cases, poor road maintenance or dangerous road conditions may also contribute to an accident, and it’s important to have a lawyer who can explore all potential avenues for compensation.

At Duncan Law Group, we understand how devastating a motorcycle accident can be, especially in winter. Our team is dedicated to helping victims get the justice they deserve. With our years of experience handling motorcycle accident cases, we are ready to fight for you.

Final Thoughts

Winter riding in Illinois can be dangerous, but with the right preparation and caution, it can also be safe and enjoyable. However, if you find yourself involved in a motorcycle accident caused by another driver’s negligence, don’t hesitate to contact an experienced Champaign motorcycle accident lawyer.

At Duncan Law Group, we are here to help. Contact us today for a free consultation, and let us fight to secure the compensation you need to recover from your injuries.

How to Protect Your Rights After a Motorcycle Accident in Illinois

Motorcycle accidents can be particularly devastating due to the lack of protection that motorcycles offer compared to cars. If you’ve been involved in a motorcycle accident in Illinois, you may be facing severe injuries, mounting medical bills, and a challenging recovery. Navigating the legal process and dealing with insurance companies can be overwhelming, but taking the right steps is crucial to protect your rights and secure fair compensation.

In this guide, we’ll walk you through the essential actions to take after a motorcycle accident, with insights from a Champaign motorcycle accident lawyer.

1. Seek Immediate Medical Attention

Your health and safety are the most important concerns following a motorcycle accident. Even if you don’t feel injured, it’s critical to seek medical attention immediately. Motorcycle accidents often result in serious injuries, including head trauma, spinal injuries, and fractures, which may not be immediately apparent. Getting a thorough medical evaluation ensures that any injuries are documented, which is vital for your insurance claim and potential legal case.

Delaying medical care can not only worsen your injuries but also weaken your claim. Insurance companies might argue that your injuries aren’t as severe as you claim if you didn’t seek prompt medical attention.

2. Report the Accident to the Authorities

In Illinois, you’re legally required to report any accident that results in injury, death, or significant property damage. Contact the police and make sure an official report is filed. This report will serve as a key piece of evidence in your case, documenting the facts of the accident, witness statements, and any citations issued.

When speaking to the police, provide an accurate and detailed account of the accident, but avoid admitting fault or speculating about what happened. Stick to the facts as you know them. A police report can be instrumental in establishing liability and supporting your claim.

3. Gather Evidence at the Scene

If you’re physically able, try to gather as much evidence as possible at the scene of the accident. This can include:

This evidence will be crucial in proving what happened and who was at fault, helping your Champaign motorcycle accident lawyer build a strong case.

4. Notify Your Insurance Company

After the accident, notify your insurance company as soon as possible. Provide them with the necessary information, but be cautious about what you say. Insurance companies often look for reasons to reduce or deny claims, so avoid making statements that could be interpreted as admitting fault.

You don’t need to provide a recorded statement immediately, and it’s often wise to consult with a lawyer before doing so. A Champaign motorcycle accident lawyer can help you navigate these conversations, ensuring you don’t inadvertently harm your case.

5. Understand the Challenges of Motorcycle Accident Claims

Motorcycle accident claims can be more complex than typical car accident claims due to several factors:

These challenges make it even more important to have a skilled Champaign motorcycle accident lawyer on your side to advocate for your rights and ensure you receive the compensation you deserve.

6. Avoid Quick Settlement Offers

Insurance companies may try to offer you a quick settlement soon after the accident. While it might be tempting to accept, especially if you’re facing medical bills and lost wages, these offers are often much lower than what you’re entitled to. Once you accept a settlement, you typically waive your right to seek additional compensation, even if your injuries turn out to be more severe than initially thought.
Before accepting any settlement, consult with your lawyer. They can help you evaluate whether the offer is fair and, if not, negotiate on your behalf to secure a more favorable outcome.

7. Document Your Injuries and Expenses

Keep detailed records of all your medical treatments, including doctor visits, surgeries, physical therapy, and prescriptions. Document how your injuries have affected your daily life, such as your ability to work, participate in hobbies, and care for yourself and your family.
In addition to medical records, keep track of all accident-related expenses, including:

8. Consult with a Champaign Motorcycle Accident Lawyer

Given the complexities of motorcycle accident claims and the potential for significant financial recovery, it’s essential to consult with an experienced Champaign motorcycle accident lawyer. A lawyer can:

A knowledgeable lawyer will understand the unique challenges of motorcycle accident cases and be able to guide you through the legal process with confidence.

Motorcycle accidents can be life-changing events, but by taking the right steps after an accident, you can protect your rights and secure the compensation you need to recover. Prioritize your health, document everything, and consult with a Champaign motorcycle accident lawyer who can help you navigate the complexities of your claim.

Don’t let the insurance companies take advantage of you—seek the professional legal support you deserve to ensure a fair outcome.

Bike Accidents from a Personal Injury Law Perspective: How to Proceed

Bike accidents in Illinois can be frightening and lead to severe injuries, especially when they involve motor vehicles. If you’ve been injured in a bike accident in Illinois, understanding your legal options is crucial. Duncan Law Group is here to provide guidance and support, whether you’re navigating the bustling streets of Chicago or the quiet roads of our state’s rural areas.

Step One: Seek Medical Attention

After a bike accident, your first priority should be your immediate health and safety. Even if you feel okay initially, some injuries may not be detectable at first due to shock, adrenaline, etc. Seek medical attention promptly to assess and treat any injuries.

Step Two: Document Your Injuries

After a bike accident, it’s crucial to thoroughly document your injuries to accurately portray the extent of damages in your personal injury claim. This documentation serves as vital evidence in proving the severity of your injuries and the impact they’ve had on your life.

Other ideas include keeping a pain journal documenting your pain levels, symptoms, and any limitations or challenges you face as a result of your injuries. Recording how your injuries affect your daily activities, work, and quality of life provides subjective evidence of the pain and suffering you’ve endured, which is compensable damage in personal injury claims.

Step Three: Report the Accident

In Illinois, promptly reporting a bike accident to the police is crucial, particularly if there are injuries or significant property damage involved. A police report provides an official record of the bike accident, detailing key information such as the date, time, and location of the incident, as well as the parties involved and any witnesses. Having an official record of the accident helps establish the facts surrounding the collision, including the sequence of events and any contributing factors, such as road conditions or traffic violations. In turn, this information will strengthen your bike accident personal injury case.

Step Four: Consult with a Personal Injury Attorney

Dealing with insurance companies and navigating the legal process can be daunting, especially when you’re recovering from injuries. A skilled personal injury attorney can provide invaluable guidance and advocacy on your behalf. Duncan Law Group has extensive experience representing accident victims of all kinds in both urban and rural areas of Illinois. We’ll work tirelessly to protect your rights and pursue the compensation you deserve.

Step Five: Know Your Rights

Illinois law protects the rights of bicyclists on the road. Drivers have a duty to exercise reasonable care and avoid actions that could harm cyclists. If you’ve been injured due to a driver’s negligence, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.

In conclusion, navigating the aftermath of a bike accident can be overwhelming, but you don’t have to face it alone. Duncan Law Group is committed to helping bike accident victims in Illinois, whether they reside in bustling cities or peaceful rural areas. By following these steps and seeking legal guidance, you can protect your rights and pursue the compensation you deserve. Don’t hesitate to reach out to us for a consultation—we’re here to help you every step of the way.

Illinois Helmet Law

Riding a motorcycle can be risky. Motorcyclists are susceptible to serious harm when they are involved in accidents, sometimes flying off their bikes or colliding with other vehicles. This can result in severe injuries, including traumatic brain damage.

To reduce the risk of head injury, it is important to wear a helmet while riding a motorcycle. However, Illinois does not have any laws requiring motorcyclists to wear one.

Does Illinois Have a Helmet Law?

In Illinois, there is no law that requires motorcyclists to wear helmets while riding. This is quite unusual, as most states do have helmet laws on the books. In fact, Illinois is one of only two states without such requirements; the other state is Iowa.

Despite this, the statistics are clear: wearing a motorcycle helmet could save your life. According to the Centers for Disease Control and Prevention (CDC), motorcycle helmets are 37% effective at preventing deaths for riders and 41% effective for passengers. Additionally, helmets reduce the risk of head injury by 69%.

How Failure to Wear a Helmet Can Impact Your Motorcycle Accident Case

Any damage to the brain can result in lifelong complications and even death. Helmets cushion your skull from impact, helping reduce the severity of a brain injury. Although Illinois does not require you to wear a helmet, wearing one can better protect you in the event of an accident.

Additionally, failure to wear a helmet can impact your ability to recover compensation. Illinois is a fault accident state, meaning that victims of traffic accidents can file an insurance claim or lawsuit against a negligent driver.

Motorcyclists often face extra scrutiny while filing a claim. Insurance companies may automatically assume that the motorcyclist was at fault. If you were not wearing a helmet at the time of the accident, the insurer could use this fact as justification to offer a smaller award or as proof that you were at fault.

You have the right to choose when you want to wear a motorcycle helmet in Illinois. It is not illegal to ride without a helmet in the state. If you encounter this situation, it is important to have a Chicago motorcycle accident attorney on your side who can defend you against these accusations of fault.

What to Do If You Are Involved in a Motorcycle Crash

The moments after a motorcycle accident can be scary. You may be suffering from severe injuries and need immediate medical care. Additionally, you may want to gather evidence to support your future claim.

Take the following steps after the crash to protect yourself and get the help that you need.

After seeking medical care, contact a Chicago personal injury lawyer as soon as possible. Your lawyer will evaluate your case, explain your legal options, and help you take your first steps toward filing a claim.

How to Get Motorcycle License in Illinois

Like motor vehicle drivers, motorcyclists in Illinois must comply with multiple laws, regulations, and requirements. One of the most important is to obtain a Class M or Class L motorcycle license through the Illinois Department of Transportation (IDOT). Obtaining a motorcycle license in Illinois is simple and very similar to the driver’s license process.

Types of Motorcycle Licenses in Illinois

There are two types of motorcycle licenses in Illinois: Class M and Class L. A Class L license allows you to operate any motorcycle with a displacement under 150cc. A Class M license allows you to operate any motorcycle on Illinois roads. Most Illinois motorcyclists obtain the Class M license, as it does not restrict the type of vehicle you can ride. The process for obtaining the two types of licenses is essentially the same.

Requirements for Obtaining a Motorcycle License in Illinois

To obtain a motorcycle license in Illinois, you will first need to obtain a Class L or Class M motorcycle permit. To qualify for a permit, you must meet one of the following groups of criteria.

After you obtain your Class L or Class M permit, it is valid for 12 months if you are 18 or older. The permit is valid for 24 months if you are under the age of 18. You can use this permit to operate a motorcycle during the day and under the supervision of another motorcyclist who holds a valid Class M license, has at least one year of experience, and is over the age of 21.

Before your permit expires, you will need to take a few more steps to get your motorcycle license.

Insurance Requirements for Illinois Motorcyclists

After obtaining your motorcycle license, it is important to be aware of the other laws that motorcyclists need to follow. In particular, you must carry insurance to protect your interests in the event of an accident. Illinois is a fault accident state, meaning that at-fault drivers are financially responsible for paying for the losses of their victims after a collision.

Illinois law requires all motorcyclists to hold the following minimum amounts of liability insurance. You can choose to purchase higher amounts of insurance coverage if you choose.

If you are injured by another driver while operating your motorcycle, you can file a claim against his or her insurance to recover compensation for your losses. However, motorcyclists are often subject to unfair scrutiny during the insurance process. To protect your interests during the claims process, contact a Chicago motorcycle accident lawyer as soon as possible following your accident to represent your case.

How Are Motorcycle Accident Claims Different From Car Accident Claims?

When someone is involved in a motor vehicle collision in Illinois, he or she may be eligible to file an insurance claim or lawsuit against the at-fault driver. Illinois is a fault-based accident state where negligent drivers are financially responsible for their victims’ losses, and victims can recover compensation for medical expenses, lost wages, pain and suffering, and more. These injured parties may include other drivers, passengers, pedestrians, and motorcyclists.

If you are filing an Illinois motorcycle accident claim, it is important to remember that these types of cases can be very different from traditional car accident claims. In these situations, it is important to hire a Chicago motorcycle accident attorney who can guide you through this process and advocate for your rights during each stage of your claim.

Motorcyclists Suffer More Serious Injuries

Because motorcyclists do not have the same level of protection as a passenger car, they are more susceptible to severe and life-threatening injuries than motorists. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 29 times more likely to die in an accident than people in motor vehicles.

Motorcyclists will require more medical attention, longer recovery periods, and long-term care. As a result, settlements in motorcycle accident cases can be much higher than a car accident claim. To avoid financial hardship later on, it is important for motorcyclists to hire a lawyer who can help calculate their damages, evaluate settlement offers, and advocate for maximum possible compensation.

Motorcyclists Are More Susceptible to Road Defects

When a motor vehicle encounters loose gravel or uneven pavement, the large vehicle is usually able to drive over the hazard without incident. When a motorcyclist encounters a road defect, however, the results can be catastrophic. A motorcyclist could lose control of his or her vehicle, leading to severe injuries.

If an accident was caused by a poorly maintained or defective road, the motorcyclist could file a claim against the government agency responsible for taking care of that road. However, he or she will need to prove that the agency failed to properly maintain the road and respond to hazards, leading to the accident.

Motorcyclists Are Subject to Unfair Scrutiny

Motorcyclists, unlike motor vehicle drivers or other types of cyclists, are often subject to unfair scrutiny or stereotyping during the accident claims process. Some insurance representatives believe that motorcyclists are risktakers and negligent drivers and may assume that their negligent actions, such as lane splitting or traffic weaving caused the accident. Although this is not always the case, these preconceived notions can affect an accident victims’ ability to recover compensation.

If an insurance company believes that a motorcyclist caused his or her collision, it could use this information as reason to deny or reduce his or her settlement. If the motorcyclist brings his or her case to trial, the court may reduce his or her award by the percentage of liability he or she allegedly shares. In these situations, it is important to have an attorney who can fight against these allegations of shared liability.

If you are involved in an Illinois motorcycle accident, speak to a Chicago personal injury lawyer as soon as possible. Your attorney can evaluate your accident, gather relevant evidence, and craft a compelling case proving the other party’s negligence and your right to recovery. After receiving medical treatment for your injuries, contact a lawyer to discuss your case and legal options.

What Do You Need To Do To Prove Your Motorcycle Injury Case?

If you are injured in a motorcycle accident, you may be eligible for financial compensation. Illinois is a fault-based accident state, meaning that negligent drivers are liable for any damages that occur in collisions they cause. If your motorcycle accident occurred due to another person’s actions, you can secure damages for medical expenses, lost wages, and more—as long as you can prove that the at-fault party’s negligence caused the accident.

Proving Liability in a Motorcycle Accident Claim

As a motorcycle accident victim, you have two main pathways to recover compensation: an insurance claim or a personal injury lawsuit. During the insurance process, an insurance adjuster will investigate your accident and determine how the collision occurred. During a lawsuit, you will need to provide enough evidence to the court to establish the other party’s liability.

Under Illinois law, all motorists have a duty to follow all traffic laws and operate their vehicles safely. If someone deviates from this duty and causes an accident, he or she will be liable for any losses that a victim sustains. If you and your personal injury lawyer can provide enough evidence to support the following four facts, you can establish the at-fault party’s liability in your motorcycle accident claim.

For example, say that you are injured when a driver runs a red light and collides into your motorcycle as you are traveling through an intersection. You can establish that the driver breached his or her duty of care by running a red light, which is a violation of Illinois traffic law. You can use evidence like surveillance footage, witness testimony, and police reports to establish the breach of duty.

To prove causation, you will need to show that your accident would not have occurred if not for the at-fault party’s actions. If the other driver had upheld his or her duty of care and stopped at the red light, your accident and subsequent injuries would not have happened. You can use evidence like medical records, expert witness testimony, and witness reports to further establish causation.

How to Establish Your Right to Damages

One of the most important steps in a motorcycle accident case is proving your right to damages. Through your claim, you can recover compensation for economic damages like medical expenses, lost wages, and property damage, as well as non-economic pain and suffering.

To secure compensation for your damages, you will need to prove that you suffered these losses due to the accident. You can establish the value and extent of your losses using several pieces of evidence, including the following.

Chicago motorcycle accident lawyer can help you gather the evidence you need to calculate your damages and estimate the full value of your settlement. For long-term or intangible costs, your lawyer can enlist the help of expert witnesses who can testify on your behalf.

Your attorney can also help you gather the evidence you need to prove the at-fault driver’s liability and secure the settlement you deserve. Contact a lawyer as soon as possible following your accident to discuss your case and strategize your next steps.

Can I Recover Damages for a Chicago Motorcycle Accident if I Wasn’t Wearing a Helmet?

Motorcycle accidents can happen at any time, in any place—including Chicago. These collisions can be extremely severe, resulting in painful and sometimes life-threatening injuries that require extensive medical care and weeks of recovery time. In these situations, Chicago motorcycle accident victims can secure compensation for their losses through an insurance claim or lawsuit.

If you were not wearing a helmet at the time of your accident, however, your ability to recover compensation may be limited. Although Illinois does not have a universal helmet law, you could be found partially liable for your accident if you did not wear this protective headgear.

Illinois Motorcycle Helmet Laws

Unlike other states, Illinois does not have a mandatory helmet requirement for motorcyclists and their passengers. Individual cities and counties have the authority to impose helmet laws, but not all of them do.

Despite the lack of legislation, it is clear that motorcycle helmets are extremely effective at preventing severe injury and death. According to the National Highway Traffic Safety Administration (NHTSA), helmets are 37 percent effective at preventing fatal injuries to motorcycle riders. For motorcycle passengers, helmets are 41 percent effective at preventing these injuries.

The NHTSA estimates helmets saved the lives of an estimated 1,872 motorcyclists in 2017. This accident data also shows that, if all motorcyclists wore their helmets at the time of their collisions, an additional 749 lives could have been saved.

Comparative Negligence for Not Wearing a Helmet

Under Illinois law, motorcycle accident victims have the right to file a lawsuit or insurance claim against the person responsible for their injuries. To secure compensation in these claims, the motorcyclist will need to prove that the at-fault party’s actions caused their collision and resulting damages.

If you are filing a motorcycle accident claim, your award could be reduced if the court or insurance company discovers that you were not wearing a helmet at the time of the collision. The insurance company could use this information to reduce the value of your settlement or deny your award completely.

In the courtroom, Illinois’s modified comparative negligence laws will apply. If the court finds that your failure to wear a helmet was partially responsible for your injury, it will reduce your award by the percentage of fault you share. If you are found to be 51% or more responsible for the accident, the court will prevent you from recovering any compensation at all.

For example, say that you are injured in an accident with a driver who suddenly cuts you off without signaling. You lose control of your vehicle and collide with a traffic sign, leading to traumatic brain damage. Because you were not wearing a helmet at the time of the accident, the court assigns you 30% of the fault. If you seek a $40,000 award, you will only receive $28,000. If the court had assigned 52% of the fault to you, you would not receive any compensation.

Speak to an Illinois Motorcycle Accident Lawyer

If you are filing a motorcycle accident lawsuit or insurance claim in Chicago, it is imperative to speak with a Chicago motorcycle accident lawyer as soon as possible. Your lawyer can evaluate your case and defend you against allegations of shared fault, protecting your interests from consultation to settlement. As soon as possible after your collision, contact a lawyer to discuss your optimal path to maximum compensation.

Can You Still File a Lawsuit After Accepting a Settlement?

If you suffer injuries due to another person’s negligence in Illinois, you have the right to recover compensation from the at-fault party. Depending on the circumstances surrounding your accident, you may be eligible to file a personal injury lawsuit or insurance claim against the negligent individual.

When filing an insurance claim, it is very important to navigate this process strategically and make informed decisions during each stage of your case. Accepting a settlement offer too early can prevent you from recovering the compensation you need to heal.

What Happens During the Settlement Process?

When you file a car insurance claim against an at-fault driver, the company will assign an adjuster to investigate your claim. The adjuster’s job is to determine how the crash occurred, whether you or the policyholder were at fault, and whether you are eligible for compensation. If the insurance company finds that the policyholder caused the accident, the adjuster will calculate a settlement and present an offer to you.

If you agree to accept the settlement offer, the adjuster will provide you with a release of liability that explains the terms and conditions of the settlement. Once you sign this release, your claim is over, and you cannot reopen the case or pursue a lawsuit against the at-fault driver.

Since insurance companies are responsible for paying for your damages, it is important to examine any settlement offers with a critical eye. The offer may be much lower than what you actually need to recover. A car accident lawyer in Chicago can help you evaluate your claim and calculate an estimated amount so that you can avoid an insufficient settlement, but if you sign the release, you cannot pursue further legal action in Illinois.

You may also reach a settlement after you file a lawsuit but before your case reaches trial. Like insurance settlements, you will forfeit your right to file a lawsuit once you sign the settlement release during pretrial negotiations.

When Can You Set Aside a Settlement?

There are situations where you may file a lawsuit after receiving a settlement offer. However, these exceptions typically arise if you and your attorney disagree on the terms of the release waiver.

Hire an Attorney for Your Personal Injury Case

The settlement process can be risky for personal injury victims. In these situations, you need an attorney who can advocate for your best interests, negotiate with the insurance company or defense attorney, and evaluate any settlement offers you receive so that you do not find yourself in a difficult situation.

Hiring a Chicago personal injury lawyer can provide several benefits to your case, including access to expert witnesses who can provide testimony on your behalf and the ability to calculate the full extent of your damages. As soon as possible after your accident, contact an attorney to discuss your case and legal options.