Experienced Chicago Motorcycle Accident Lawyer

In recent years, motorcycle crashes have remained a serious concern across the Chicago area. In 2021, Cook County alone recorded 47 motorcycle fatalities, the most of any county in the state. 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.

Illinois Motorcycle Crash Data You Should Know

Statewide numbers help explain why so many riders end up calling a lawyer after even a routine-looking crash. According to the Illinois Department of Transportation’s 2024 Crash Facts report, motorcycle crashes accounted for 1.1% of all Illinois that year.

In other words, a rider makes up a tiny slice of the traffic on Illinois roads but carries a wildly outsized share of the deaths and serious injuries.

Cook County, home to Chicago’s dense mix of cars, buses, bikes and motorcycles, consistently reports the largest share of the state’s traffic fatalities simply because of the sheer volume of vehicles sharing the same lanes.

Contact D&W Law Group for a free consultation if you or someone you love was hurt in a Chicago motorcycle crash.

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. If a car was involved, the same insurance-company tactics that slow down car accident claims often show up in motorcycle cases too, just with higher stakes given the severity of rider injuries.

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 under 735 ILCS 5/2-1116, where a party can recover damages only if they are not more than 50% at fault. A rider found 51% or more at fault recovers nothing at all.

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.

These claims often overlap with general premises liability principles, since a property owner or government body that controls a roadway, lot or shoulder has a duty to keep it reasonably safe for the people who use it.

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?

What To Do After A Chicago Motorcycle Accident

What happens in the hours after a crash can shape a claim for months. A few simple steps protect both your health and your case:

1. Get medical care first: Even injuries that feel minor, like road rash or a sore shoulder, can hide deeper trauma such as internal bleeding or a mild TBI.
2. Call the police to the scene: A police report creates an official record of the crash, the vehicles involved and any citations issued.
3. Photograph everything: Take pictures of the bike, the other vehicle, skid marks, road conditions and your visible injuries before anything gets moved or repaired.
4. Get witness names and numbers: Independent witnesses often matter most in motorcycle cases, since insurers frequently try to blame the rider.
5. Avoid giving a statement to the other driver’s insurer: Adjusters are trained to ask questions that shift fault toward the motorcyclist.
6. Talk to a motorcycle accident lawyer before signing anything: Early legal guidance keeps you from accepting a lowball offer before you know the true value of your injuries.

Motorcycle Accident Compensation In Illinois

The reality of motorcycle accidents is that riders rarely emerge without potentially severe physical, financial and personal losses. For most, financial compensation is the only way to address these losses. In Illinois, several forms of compensation are available.

Economic damages address the direct financial consequences of the accident and are typically documented through bills, receipts and employment records. These damages can help cover the victim’s:

• Medical expenses
• Lost income
• Reduced future earning ability
• Property damage

In contrast, noneconomic damages compensate the injured for the personal and emotional effects of a motorcycle accident. Such losses are more difficult to quantify, but they reflect the real impact of pain, disruption and long‑term limitations. Noneconomic damages may be awarded to address:

• Ongoing pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Impact on daily activities and independence

Because motorcycle accidents often result in serious injuries, noneconomic damages can represent a significant portion of a claim. They acknowledge the many ways a crash changes a rider’s life beyond financial losses.

Punitive damages may be available to punish an at-fault party when their conduct was especially reckless. These damages are not tied to the rider’s losses but instead intended to discourage similar behavior. They are awarded in limited circumstances, but can play an important role when a driver’s actions show a disregard for safety.

Mark Curran III, who holds a finance degree in addition to his law degree, brings a numbers-first lens to valuing future medical costs and lost earning capacity, the two categories that most often get underestimated in a motorcyclist’s claim.

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 require that riders wear eye protection, such as shatter-resistant glasses, goggles or a transparent shield, under 625 ILCS 5/11-1404, unless the motorcycle has a windscreen that extends above the eyes.

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.

How D&W Law Group Builds Your Motorcycle Injury Claim

Founding partner Lance C. Dale has been licensed to practice law in Illinois since 1990 and earned his J.D. from Chicago-Kent College of Law with honors, focusing his practice on catastrophic personal injury and wrongful death claims. Co-founder **Scott B.

Wolfman** has been licensed in Illinois since 1993 and handles personal injury, motor vehicle and medical malpractice matters, including motorcycle crash cases.

Both partners personally work motorcycle claims rather than handing them off entirely to junior staff, reviewing police reports, scene photographs and medical records themselves before deciding whether to negotiate or file suit.

The firm also provides client service in English, Spanish, and Polish and takes calls around the clock, which matters in a city as linguistically diverse as Chicago.

D&W Law Group reports membership in the American Association for Justice and the Illinois Trial Lawyers Association, and the firm carries an A+ rating with the Better Business Bureau.

Case Results

While every crash and every claim is different, these results reflect the kinds of motor-vehicle and vulnerable-road-user injury cases D&W Law Group has resolved for clients:

Prior results do not guarantee a similar outcome.

The Cook County Courthouse For Motorcycle Injury Claims

Most Chicago motorcycle injury lawsuits that exceed the small-claims and municipal-court limits are filed in the Cook County Law Division, which hears civil suits for recovery of monetary damages in excess of $30,000 when the case is filed in the city of Chicago. The Law Division sits inside the Richard J. Daley Center at 50 West Washington Street, Chicago, IL 60602.

That threshold matters because a motorcycle crash that causes a fracture, a TBI or a spinal injury will almost always clear the $30,000 mark once medical bills, lost wages and pain and suffering are added up, which is why so many serious motorcycle claims end up in front of a Law Division judge rather than in Municipal District court.

FAQs: Illinois Motorcycle Accidents

Below, we answer key questions that often arise after a motorcycle crash.

How long do I have to file a motorcycle accident lawsuit in Illinois?

Most motorcycle accident lawsuits must be filed within two years of the date of the crash under Illinois’ personal injury statute of limitations. This deadline can vary in limited situations, such as claims against a government entity or claims involving a minor, so riders should act promptly to protect their right to pursue compensation.

What happens if the driver who hit me is uninsured?

If the at‑fault driver has no insurance, an injured motorcyclist may be able to seek compensation through uninsured motorist coverage on their own policy. This coverage can help pay for medical bills, lost income and other damages when the responsible driver cannot.

Should I accept the initial settlement offer from the insurance company?

Initial settlement offers are often lower than the actual value of the claim and may not reflect long-term medical needs or future losses. Riders benefit from reviewing any offer carefully before agreeing to it, especially when injuries are still being treated or evaluated.

Where will my Chicago motorcycle accident case be heard?

Most serious motorcycle injury claims filed in Chicago are heard in the Cook County Circuit Court’s Law Division at the Richard J. Daley Center, 50 West Washington Street, Chicago, IL 60602. Smaller claims, or those involving a suburban crash location, may instead proceed in one of Cook County’s Municipal Districts.

Does D&W Law Group offer services in languages other than English?

Yes. The firm provides client service in English, Spanish, and Polish, which helps riders and families across Chicago’s diverse neighborhoods communicate clearly about their case from the first call through settlement or trial.

How much does it cost to hire a Chicago motorcycle accident lawyer?

D&W Law Group handles motorcycle accident claims on contingency, meaning there is no upfront legal fee. Our fee comes out of the settlement or verdict only if we recover money for you, so pursuing a claim carries no out-of-pocket risk.

Does Illinois allow lane-splitting?

No. Illinois does not permit lane-splitting or lane-filtering, so an insurer will likely argue a rider who was splitting lanes shares fault. You can still recover as long as you were not more than 50% at fault, with your award reduced by your share.

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Can I still recover compensation if I was partly at fault for the crash?

Possibly. Under Illinois’ modified comparative negligence rule, you can recover damages as long as you are not more than 50% at fault, though your award will be reduced by your percentage of fault. An attorney can help gather evidence that keeps your assigned fault percentage as low and accurate as possible.

Talk To A Chicago Motorcycle Accident Lawyer Today

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, and D&W Law Group works on contingency, which means our legal fees come out of your settlement only if we win.

Contact D&W Law Group today for a free consultation about your Chicago motorcycle accident or wrongful death claim.