Motorcycle crashes often cause serious injuries, and riders can face unfair blame from insurers. If you were hurt on a motorcycle in Cook, Lake or McHenry County, or anywhere in Illinois, Stavros Law Offices can review your case at no cost. Our attorneys are both former Lake County Assistant State's Attorneys, with about 20 and 15+ years of experience. See our attorney profiles to learn more.
Common Causes of Motorcycle Crashes
Many crashes happen when a driver fails to see a rider, turns left across a motorcycle's path, changes lanes without looking, opens a car door into a lane, or follows too closely. Road defects such as potholes, gravel and debris can also cause crashes. We investigate each cause, including who may be responsible, such as another driver, a vehicle owner, a company or a government body that maintained the road.
Illinois Law Riders Should Know
Illinois does not require helmets for riders or passengers, but it does require eye protection: glasses, goggles or a transparent shield. Contact lenses do not count. A rider who is not wearing a helmet can still bring a claim, though insurers may try to blame the rider in other ways. Illinois follows modified comparative fault: if you are found more than 50% at fault, you cannot recover, and if you are 50% or less at fault, your damages are reduced by your share. Learn more in our comparative fault guide.
Insurance and Compensation
Illinois requires minimum liability limits of $25,000 per person, $50,000 per accident for injuries, and $20,000 for property damage. Those limits are often too low for a serious motorcycle injury. Your own uninsured and underinsured motorist coverage may help, so we review your policy and every other source of recovery. Compensation in an injury claim can include medical bills, lost income, pain and suffering, and future care, depending on the facts. See who pays medical bills after a crash.
Deadlines
You generally have two years from the date of injury to file a personal injury lawsuit in Illinois. A claim against a local public entity, such as a city or village, can have a one-year deadline. If a rider died, a wrongful death claim has its own rules. See our wrongful death page. Acting early helps preserve evidence like video, vehicle data and witness memories.
What to Do After a Motorcycle Accident
Get medical care, call the police, photograph the scene and your bike, and collect witness details. Do not give a recorded statement to an insurer before talking with a lawyer. Keep your gear, helmet and damaged parts. For more, read our accident checklist, car accident page and personal injury hub.
Frequently Asked Questions
Does Illinois require motorcycle helmets?
No. Illinois has no helmet requirement for riders or passengers, but it does require eye protection such as glasses, goggles or a transparent shield.
Can I still recover if I was not wearing a helmet?
Yes, you may still bring a claim. Insurers may still argue that your actions contributed. If a jury finds you more than 50% at fault, recovery is barred, and otherwise your damages are reduced by your share.
How long do I have to sue after a motorcycle crash?
Generally two years from the date of injury. Claims against local government entities can have a one-year deadline, so call as soon as you can.
What if the driver who hit me was uninsured?
Your own uninsured motorist coverage may apply. Illinois requires uninsured motorist bodily injury coverage on auto policies. Motorcycle policies vary, so we review your policy.
Talk to Our Team
Call (847) 520-4810 (our phone line is available 24/7) or request a free consultation online. Our office is at 433 N. Milwaukee Ave, Wheeling, IL 60090, open Monday–Friday 9–5 and closed Saturday. Bilingual staff can assist; se habla español.
This page is general information about Illinois law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different, no lawyer can guarantee a result, and past results do not predict future outcomes.