If you were hurt in a motorcycle crash, an Illinois motorcycle accident lawyer at Mixan Mahony, LLC can explain your rights, protect your claim, and handle the insurance companies for you. We represent injured riders and families across Illinois, from Chicago and Rockford to Springfield, Peoria, and Champaign.
Here is the short answer. Most Illinois injury lawsuits must be filed within two years of the crash. You can still recover if you were partly at fault, as long as you were not more than 50% at fault. There is no attorney fee unless we recover for you.
Riders often face unfair assumptions. Adjusters may claim the motorcyclist was speeding or “came out of nowhere.” An experienced Illinois motorcycle accident lawyer answers those assumptions with evidence, not argument.
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What Does an Illinois Motorcycle Accident Lawyer Do?
An Illinois motorcycle accident lawyer investigates the crash, identifies every party who may be responsible, and documents your injuries and losses. The lawyer then presents the claim to each insurer involved.
When an insurer will not treat the claim fairly, your lawyer can file a lawsuit in the proper Illinois circuit court or federal court. Throughout the case, the lawyer handles the calls, paperwork, and deadlines so you can focus on healing.
Hiring an Illinois motorcycle accident lawyer early also matters for evidence. Surveillance video is often recorded over within days. Witnesses move. Vehicles are repaired or scrapped. Fast action helps preserve the proof your claim depends on.
7 Essential Steps After an Illinois Motorcycle Crash
- Call 911 and get medical care. Some injuries, like brain trauma and internal bleeding, are not obvious at first.
- Ask for a police report. The Illinois Traffic Crash Report records the drivers, insurers, and the officer’s observations.
- Photograph everything. Capture the vehicles, road, skid marks, traffic signals, and your injuries.
- Get witness names and numbers. Independent witnesses can be powerful in a disputed crash.
- Keep your helmet, gear, and bike as they are. Damaged equipment can show how the crash happened.
- Avoid recorded statements to the other insurer. Adjusters may use your words to shift blame.
- Talk to an Illinois motorcycle accident lawyer. A free consultation will tell you where your claim stands and what deadlines apply.
Common Causes of Motorcycle Crashes in Illinois
Most serious crashes an Illinois motorcycle accident lawyer reviews involve a driver who broke a basic rule of the road. Common causes include:
- Failure to yield on a left turn. Illinois requires a driver turning left to yield to oncoming vehicles close enough to be an immediate hazard (625 ILCS 5/11-902).
- Unsafe lane changes and blind spots. Drivers must stay within a single lane until they have made sure a move is safe (625 ILCS 5/11-709).
- Following too closely. Illinois prohibits following another vehicle more closely than is reasonable and prudent (625 ILCS 5/11-710).
- Distracted driving, including texting and phone use.
- Speeding and reckless driving.
- Impaired driving.
- Road defects and defective motorcycle parts.
Each cause leaves a different evidence trail. An Illinois motorcycle accident lawyer matches the investigation to the way the crash happened.
Cases an Illinois Motorcycle Accident Lawyer Handles
Drunk and Impaired Drivers
An impaired driver can be held civilly responsible for a rider’s injuries, separate from any criminal case. Test results and receipts can matter.
Speeding Drivers
Speed shortens reaction time. Vehicle data, skid marks, and nearby video can help show how fast a driver was going.
Distracted Drivers
A driver looking at a phone can miss a motorcycle completely. Phone records and dashcam footage can help prove it.
Left-Hand Turn Crashes
Left turns across a rider’s path are among the most common motorcycle crashes. The turning driver must yield to oncoming traffic that is an immediate hazard.
Illinois Motorcycle Accident Laws Every Rider Should Know
Filing Deadlines
Most personal injury lawsuits must be filed within two years after the injury under 735 ILCS 5/13-202.
Wrongful death actions generally must be filed within two years after the death under 740 ILCS 180/2, with limited exceptions.
Claims against cities, counties, or other public bodies can carry shorter notice rules. An Illinois motorcycle accident lawyer can confirm which deadline applies to your case.
How an Illinois Motorcycle Accident Lawyer Handles Shared Fault
Illinois follows modified comparative fault. A rider is barred from recovery only if found more than 50% at fault. Otherwise, damages are reduced by the rider’s percentage of fault (735 ILCS 5/2-1116).
For example, a rider found 20% at fault can recover 80% of the damages. That is why insurers work hard to raise the rider’s share of blame, and why careful evidence matters.
When more than one party is responsible, 735 ILCS 5/2-1117 applies. Every liable defendant is responsible for the full amount of past and future medical expenses. For other damages, a defendant found 25% or more at fault is jointly and severally liable.
Helmets and Eye Protection
Illinois has no statewide helmet requirement for adult riders. State law also bars local governments from requiring motorcycle helmets (625 ILCS 5/11-208(e)).
Riders and passengers must use glasses, goggles, or a transparent shield (625 ILCS 5/11-1404). Not wearing a helmet does not by itself bar a claim, although an insurer may argue a helmet would have reduced certain injuries.
Lane Use and Passing Rules
Illinois requires vehicles to stay within a single lane until a move can be made safely. It also limits when a two-wheeled vehicle may pass on the right (625 ILCS 5/11-703).
Insurers sometimes raise these rules to blame riders. Your Illinois motorcycle accident lawyer looks at whether the other driver’s conduct, not the rider’s lane position, actually caused the crash.
Evidence That Proves an Illinois Motorcycle Accident Claim
Strong claims are built on documents and data. Key evidence often includes:
- The Illinois Traffic Crash Report and any citations issued
- Traffic, business, and doorbell camera video
- Dashcam and helmet-cam footage
- Witness statements
- Vehicle event data and damage patterns
- Phone records when distraction is suspected
- Emergency room, surgical, and therapy records
For a deeper look, read our guide to the evidence motorcycle accident attorneys need to prove negligence.
Insurance Coverage After an Illinois Motorcycle Crash
Several policies may apply, including the at-fault driver’s liability coverage and the uninsured or underinsured motorist coverage on your own policy. Commercial policies may also apply when a work vehicle was involved.
Your Illinois motorcycle accident lawyer will request the declarations pages and identify every available source of coverage before any settlement is discussed.
If a semi or delivery truck hit you, see our Illinois truck accident lawyers page. Federal trucking rules can create additional evidence and additional responsible parties.
Compensation an Illinois Motorcycle Accident Lawyer Can Pursue
Depending on the facts, an injured rider may seek:
- Past and future medical expenses, including surgery and rehabilitation
- Lost wages and loss of future earning capacity
- Pain and suffering, including emotional distress
- Loss of a normal life
- Disfigurement
- Motorcycle repair or replacement and damaged gear
Families who lost a rider may have claims under the Illinois Wrongful Death Act. Learn more about our Illinois wrongful death lawyers.
How We Handle Your Case
1. Free Consultation
We listen, review your documents, and explain your options in plain language.
2. Investigation
We request crash reports, send preservation letters for video and data, interview witnesses, and work with reconstruction professionals when needed.
3. Documenting Damages
We gather medical and wage records and other proof of how the crash changed your life.
4. Negotiation and Litigation
We present the claim to every responsible insurer and file suit when that is the right step for you.
Contingency fee: There is no attorney fee unless we recover for you. Case costs and expenses, and how they are handled, are explained in writing in our fee agreement before any work begins.
Past result: $1.25 million policy-limits recovery for a rider in a Bartlett motorcycle case filed in Cook County at the Richard J. Daley Center. Past results do not guarantee or predict a similar outcome in any future case. Every case is different.
Attorneys who handle these cases: Colleen Mixan Mikaitis and Mackenzie J. Mahony, founding partners of Mixan Mahony, LLC.
An Illinois Motorcycle Accident Lawyer Serving Riders Statewide
From our Chicago office, Mixan Mahony, LLC represents riders and families throughout Illinois. We handle cases in the county courts that serve the state’s most populous cities.
Northern Illinois and the Collar Counties
- Chicago: Circuit Court of Cook County, Richard J. Daley Center
- Naperville: DuPage County Judicial Center, Wheaton (Will County for Naperville’s south side)
- Joliet: Will County Courthouse, Joliet
- Aurora and Elgin: Kane County Courthouse, Geneva (parts of both cities lie in other counties)
- Rockford: Winnebago County Courthouse, Rockford
- Waukegan: Lake County Courthouse, Waukegan
Central Illinois
- Springfield: Sangamon County Courthouse, Springfield
- Peoria: Peoria County Courthouse, Peoria
- Champaign: Champaign County Courthouse, Urbana
When federal jurisdiction applies, cases may be heard in the U.S. District Court for the Northern District of Illinois or the Central District of Illinois. The Central District sits in Springfield, Peoria, Urbana, and Rock Island.
Wherever you were hurt, an Illinois motorcycle accident lawyer from our firm can meet with you by phone, by video, or in person. Chicago-area riders can also visit our Chicago personal injury lawyers page.
Mixan Mahony, LLC
444 W. Lake St., Suite 1707, Chicago, IL 60606
Phone: (312) 262-3971
Get directions to our Chicago personal injury law office
Talk to an Illinois Motorcycle Accident Lawyer Today
A motorcycle crash can upend your health, work, and family life in a single moment. You do not have to face the insurance companies alone.
If you have been injured in a motorcycle accident, contact Mixan Mahony, LLC today for a free evaluation of your case. Call (312) 262-3971 or use our contact form to speak with an Illinois motorcycle accident lawyer.
This page is for general information and is not legal advice. Contacting us does not create an attorney-client relationship.
Practice Areas.
Car Accident
Sexual Abuse and Assault
Trucking Accidents
Wrongful Death
Medical Negligence
Uber/Lyft Accidents
Work Injuries
Nursing Home Abuse
Motorcycle Accidents
Pedestrian Accidents
Slip and Fall
COMMONLY ASKED
Questions for an Illinois Motorcycle Accident Lawyer
Most Illinois personal injury lawsuits must be filed within two years after the crash under 735 ILCS 5/13-202. Shorter notice rules can apply to claims against government entities, so speak with an Illinois motorcycle accident lawyer as soon as possible.
Yes, unless you are found more than 50% at fault. Under 735 ILCS 5/2-1116, your damages are reduced by your percentage of fault. 735 ILCS 5/2-1117 governs how responsibility is shared among multiple defendants.
Fault is proven with the Illinois Traffic Crash Report, photos and video, witness statements, vehicle data, and, when needed, accident reconstruction. A violation of a rule of the road, such as failing to yield on a left turn, can be strong evidence of negligence.
Depending on the facts, damages may include medical expenses, lost wages and earning capacity, pain and suffering, emotional distress, loss of a normal life, disfigurement, and damage to your motorcycle and gear.
Every case is different. Timing depends on your medical treatment, whether fault is disputed, the insurance involved, and whether a lawsuit is needed. It is usually wise to wait until your medical picture is clear before resolving a claim.
Illinois has no statewide helmet requirement for adult riders, and not wearing a helmet does not by itself bar a claim. Insurers may argue a helmet would have reduced certain injuries, so medical evidence matters. Eye protection is required under 625 ILCS 5/11-1404.
Under 625 ILCS 5/11-902, a driver turning left must yield to oncoming vehicles close enough to be an immediate hazard. The turning driver is often at fault, but the insurer may still argue the rider was speeding, so evidence is important.
The family may bring a wrongful death claim under the Illinois Wrongful Death Act. These claims generally must be filed within two years after the death under 740 ILCS 180/2, subject to limited exceptions.