Experienced Motorcycle Accident Attorneys

In recent years, motorcycle accidents in Chicago have been a significant concern, with over 1,000 crashes in one year, resulting in 44 fatalities and over 720 injuries. In 2021, Cook County saw 47 motorcycle fatalities. Despite this, Chicago has a relatively low motorcycle fatality rate compared to other major cities, with 6.05 deaths per 100,000 residents over the past decade.

Bikers have a reputation for recklessness, but the fact is that they are no different than other drivers. What is different is that they are not protected from collisions by the metal cage of a car or truck frame. This exposure means that even minor contact with another vehicle can send riders to the asphalt, likely causing traumatic brain injuries, spinal injuries, burns, broken bones and other types of severe physical trauma.

Motorcycle accident injury victims and their families filing wrongful death lawsuits can get the personal injury law help they need from a firm that has secured many multimillion-dollar settlements for injury victims. Since 1991, D&W Law Group has served the Chicago area, offering 75-plus years of combined experience fighting against insurance companies who don’t want to pay the full amount and generally standing up for everyday people. Our attorneys are hands-on, personally working your case to get the best possible outcome, whether it is litigation in court or an out-of-court settlement. We are focused, effective and driven to help our clients, returning messages day and night, seven days a week. Since we focus on personal injury cases, we work fast and effectively, explaining the pros and cons of various strategic options.

Types Of Injury Cases We Often See

Motorcycle accident injuries can happen anytime, but here are some of the most common causes:

1. Left-hand turn collisions: These occur when a vehicle makes a left turn in front of an oncoming motorcycle. This is one of the most frequent causes of motorcycle accidents because bikers were not planning to stop or slow down before the other driver’s turn.
2. Unsafe lane changes: When drivers fail to thoroughly check their blind spots or signal before changing lanes, they can sideswipe motorcycles, even pushing them into other vehicles.
3. Speeding: Excessive speed reduces the time to react to other vehicles or obstacles. Although car and truck drivers may think they are being careful enough, many misjudge the distance and speed of motorcycles due to the bike’s smaller size.
4. Alcohol or drugs: Driving under the influence of alcohol or drugs significantly impairs the judgment and reaction times of other drivers, causing them to make any number of driving errors.
5. Head-on collisions: These are particularly deadly for motorcyclists due to the lack of structural protection compared to cars. While a truck driver may not get a scratch and car drivers likely will sustain only minor injuries and damage to their vehicle, motorcycle accidents are often fatal for bikers, even when going at a modest speed.
6. Dooring: This happens when a vehicle occupant opens a parked car’s door, thus blocking the path of an oncoming motorcycle. Vehicle occupants getting out may either not see the biker or assume they will move out of the way.
7. Distracted driving: Drivers may be distracted by their phones, GPS devices or other activities rather than focusing on their primary task.

While bikes are harder to see, these crashes are often caused by other drivers who don’t look for motorcycles or don’t honor the rider’s right of way.

Comparative Negligence May Come Into Play

Comparative negligence in motor vehicle crashes in Chicago means that fault is distributed among all parties involved in the accident based on their degree of responsibility. If a motorcyclist is partly at fault for an accident, their compensation is reduced by their fault percentage. For example, if a motorcyclist is 30% at fault and their damages amount to $10,000, they would receive $7,000. Illinois follows a “modified comparative negligence” rule, where a party can recover damages only if they are less than 50% at fault. They cannot recover any damages if they are 51% or more at fault.

Road Hazards Can Also Be An Issue

Unmarked hazards and poor road design pose greater dangers to motorcyclists than other vehicles due to less stability (due to two wheels instead of four or more) and protection, making them especially susceptible to crashes caused by road conditions.

Unmarked hazards, such as potholes, gravel, wet or slippery surfaces, and debris, can be particularly perilous. Unlike cars, motorcycles have only two wheels, which means they are more likely to lose balance and control when encountering these obstacles. For instance, a pothole that might cause a minor jolt in a car can lead to a severe crash for a motorcyclist. Gravel and loose debris can cause tires to lose traction, leading to skidding and potential falls.

Poor road design also contributes to the risk. Features like uneven pavement, poorly marked lanes and inadequate signage can create dangerous conditions for motorcyclists. Uneven pavement or sudden changes in road surface can destabilize a motorcycle, especially at higher speeds. Inadequate signage and poorly marked lanes can make it difficult for riders to navigate safely, increasing the likelihood of motorcycle accident injuries.

Additionally, roadway maintenance issues such as improperly sealed cracks, steel plates and construction zones can be hazardous. These conditions can cause sudden changes in traction and stability, which are more challenging for motorcyclists to manage. For example, steel plates used in construction zones can become extremely slippery when wet, posing a significant risk to motorcyclists.

If the injuries were caused by poor roads, the municipality or organization responsible for their design and upkeep can be held responsible for negligence.

Riders More Likely To Endure Severe Injuries

Motorcycle riders often face severe injuries due to the lack of protection compared to other enclosed vehicles. Here are five of the most common severe injuries:

1. Traumatic brain injuries (TBI): Even with helmets, riders can suffer from TBIs due to the force of impact. Common symptoms include headaches, dizziness, nausea and cognitive difficulties. Long-term impacts can include chronic headaches, memory problems and increased risk of neurodegenerative diseases.
2. Spinal cord injuries: These can result from a traumatic blow to the back or spine, potentially leading to paralysis. Symptoms include loss of movement, strange sensation, and bladder or bowel control. Long-term impacts often involve permanent paralysis, chronic pain and respiratory problems.
3. Internal bleeding and organ damage: Blunt or penetrating trauma can cause severe internal injuries. Symptoms include dizziness, severe pain and low blood pressure. Long-term impacts can consist of organ failure, chronic pain and increased risk of infections.
4. Bone fractures: Broken bones, especially in the legs, arms and ribs, are common due to the impact of the ground or other vehicles. Symptoms include severe pain, swelling and inability to move the affected area. Long-term consequences can include decreased strength, chronic pain and joint problems.
5. Road rash: This is an abrasion wound caused by sliding across the pavement. It can range from mild to severe. Symptoms include redness, swelling and pain. Long-term impacts can include scarring, infection and potential nerve damage.

These injuries can have long-lasting effects on a rider’s health and quality of life. Are you interested in learning more about prevention or safety measures for motorcyclists?

How Helmet Use Affects The Strength Of The Claim

Illinois has no universal motorcycle helmet law, meaning motorcyclists are not required to wear helmets while riding. However, the state does mandate that riders wear eye protection, such as shatterproof sunglasses, a windshield or a windscreen. Despite lacking a helmet law, the Illinois Department of Transportation strongly recommends wearing helmets for safety.

While Illinois is one of the states without a helmet law, individual municipalities within Illinois can impose their own helmet requirements. For example, Chicago requires all messenger and delivery bicyclists to wear helmets. The law does not require motorcycle riders to wear helmets, not wearing one can still impact a personal injury claim. Here’s how:

1. Comparative negligence: As stated above, Illinois follows a comparative negligence rule, which means that if you are found partially at fault for your injuries, your compensation can be reduced. For example, if you are found 30% at fault for not wearing a helmet, your compensation could be reduced by 30%.
2. Perception of negligence: Even though not wearing a helmet is not illegal, it can be perceived as negligent behavior. This perception can influence the jury’s decision and potentially reduce the amount of compensation awarded.
3. Evidence and legal principles: Courts ensure that decisions are based on admissible evidence and legal principles, not just perceptions. However, the lack of helmet use can still be a factor in determining the extent of injuries and the corresponding compensation.

In efforts to deflect responsibility, the defense will often focus on the helmet issue, even when it is legal to not wear one. We are used to these typically groundless claims and stick to the fact that the other driver caused the injury. The specifics of each case vary, still, how your personal injury attorney handles this detail can be the difference-maker in whether victims get a fair amount of money awarded by the jury.

Don’t Hesitate – Call The 8’s

Severe injuries to a parent or loved one can leave families reeling and unsure of what to do. Proper medical care from the start is essential, but contact D&W Law Group day or night using our contact form or 312-888-8888 to schedule a free initial consultation regarding a potential motorcycle accident lawsuit or wrongful death claim. We are a Chicago personal injury firm that works on contingency, which means our legal fees are part of your winning settlement.