At-Fault Motorcycle Accident Claims

An at-fault motorcycle accident can leave riders feeling overwhelmed, confused, and unsure whether they still have legal options. Many of our clients come to us believing that because they made a mistake, or were told they were at fault, they have no right to pursue compensation. That simply isn’t true in many situations. As Chicago personal injury attorneys, we work with injured riders across the city who are dealing with pain, medical bills, missed work, and uncertainty after motorcycle accidents occur.

Chicago traffic presents unique risks for motorcyclists. From congested downtown intersections and aggressive lane changes on Lake Shore Drive to uneven pavement and construction zones on neighborhood streets, motorcycle collisions often involve multiple contributing factors. Even when a motorcycle rider shares some responsibility, the law may still allow recovery. Our role is to help injury victims understand their rights, determine fault fairly, and seek compensation rooted in facts, not assumptions.

What Are Common Causes of Motorcycle Accidents in Chicago?

When we investigate motorcycle collision cases, one theme appears again and again: the rider is rarely completely at fault. Most motorcycle accidents involve a combination of driver behavior, road conditions, and traffic violations by other drivers. Under the Illinois Vehicle Code (625 ILCS 5/), all vehicle drivers, including motorcyclists and car drivers, must follow traffic laws designed to reduce serious injury and catastrophic injuries.

Some of the most common causes of motorcycle accidents we see in Chicago include:

• Driver’s negligence by other drivers, including failure to yield, unsafe left turns, and distracted driving
• Unsafe lane changes where car drivers fail to check blind spots for an oncoming motorcycle
• Impaired driving, including alcohol or drug use by other motorists
• Distracted driving, such as texting or using navigation apps
• Speeding or aggressive driving in congested areas
• Poor road conditions, including potholes, uneven pavement, or debris
• Defective motorcycle parts or improper repairs
• Construction zones with unclear signage or lane shifts

While insurance companies often attempt to place blame on the motorcyclist, many motorcycle accident victims are injured because other motorists failed to share the road responsibly. Determining liability requires a closer look at how the accident occurs, not quick assumptions based on bias against motorcyclists.

How Do You Determine Fault for a Motorcycle Accident

Determining fault in a motorcycle collision case is a fact-intensive process. As a Chicago motorcycle accident lawyer, our job is to move beyond surface-level conclusions and examine what actually happened at the accident scene.

We determine fault by reviewing and preserving key evidence, including:

• The accident report prepared by local law enforcement
• Photographs and videos from the accident scene
• Vehicle damage patterns involving motorcycles and car accidents
• Statements from witnesses and other motorists
• Traffic-camera or surveillance footage when available
• Medical records documenting injuries
• Evidence of distracted driving or impaired driving
• Road design, signage, and visibility issues

Fault is rarely black and white. In many cases, multiple parties share responsibility. A rider may have been speeding slightly, while a car driver made an unsafe turn. Liability depends on how each action contributed to the accident, not on stereotypes about motorcycle riders.

Can At-Fault Motorcycle Riders Recover Compensation?

Yes, many can. Illinois follows a comparative negligence system under 735 ILCS 5/2-1116. This law allows injury victims to recover damages as long as they are less than 50% at fault for the accident. Compensation is reduced by the rider’s percentage of fault, but recovery is still possible. A rider who is found to be 51% responsible, however, cannot recover any damages.

This means:

• An injured motorcyclist who is 10%, 20%, or even 40% at fault may still seek compensation
• Fault must be supported by evidence, not insurance adjusters’ assumptions
• Many motorcycle accident cases involve shared fault between drivers

Insurance companies often exaggerate rider fault to reduce payouts. Our role as motorcycle accident attorneys is to challenge those narratives, present evidence, and pursue fair compensation that reflects the full reality of the crash.

What Damages Can At-Fault Motorcyclists Recover in Illinois?

Even when a motorcyclist is partially at fault, Illinois personal injury law allows recovery for a wide range of damages. The value of a motorcycle accident lawsuit depends on medical records showing injury severity, financial losses, and long-term impact.

Recoverable damages may include:

Economic damages

• Medical expenses and future medical care
• Emergency treatment and follow-up medical attention
• Rehabilitation and physical therapy
• Lost wages and lost income
• Reduced earning capacity
• Property damage and vehicle damage

Non-economic damages

• Pain and suffering
• Emotional distress
• Loss of normal life
• Permanent disability or disfigurement

In rare cases involving extreme misconduct, such as drunk driving, hit-and-run behavior, or intentional wrongdoing, punitive damages may also be available, even in motorcycle collision cases where fault is shared, to punish the at-fault party and deter similar conduct under Illinois law.

While we never promise maximum compensation, we work carefully to document losses and pursue compensation that reflects what our clients have truly endured.

How a Chicago Motorcycle Accident Lawyer Can Help

From the first call to the resolution of the case, we guide our clients through every stage of the legal process. Knowing when to hire a lawyer after a motorcycle accident can make a critical difference, especially when fault is disputed and insurance companies are quick to shift blame onto the motorcyclist. As a Chicago-based motorcycle accident attorney team, we step in early to protect our clients’ rights and preserve critical evidence.

Our work begins by listening carefully to what happened and helping our clients understand their options under Illinois law. As a personal injury lawyer, our role i to explain the legal process and to provide clarity during a stressful and uncertain time. We focus on identifying the liable party, whether that is another vehicle driver, multiple drivers, or another at-fault party whose negligence contributed to the crash.

Our services include:

• Listening to what happened and explaining your legal rights, timelines, and next steps in plain language
• Investigating the accident scene, reviewing the accident report, and gathering evidence needed for establishing liability
• Identifying the at-fault driver owed responsibility for the crash and documenting how negligence contributed to the injuries
• Collecting medical records and working with providers to document serious injuries, long-term limitations, and future care needs
• Communicating with insurance companies and insurance adjusters so our clients are not pressured into early or unfair settlements
• Challenging unfair fault allegations that attempt to exaggerate rider responsibility
• Calculating medical bills, lost income, and future losses tied to the motorcycle accident
• Negotiating settlements or preparing cases for trial when insurance carriers refuse to offer fair compensation

We understand that many motorcycle crash victims feel blamed simply for riding. Our approach is different. We focus on facts, accountability, and protecting the people we represent. Every motorcycle accident case is handled with care, respect, and determination. We stand with our clients at every step, from the first conversation through the final resolution.

FAQs

Are spinal cord injuries common in motorcycle accidents?

Yes. Common motorcycle accident injuries range from spinal cord injuries and traumatic brain injuries to fractures, internal injuries, and severe road rash. Because riders lack the physical protection of enclosed vehicles, even moderate-speed motorcycle crashes can result in severe injuries requiring long-term care.

Does not wearing protective gear impact liability in a motorcycle accident case in Chicago?

Protective gear may be considered, but it does not automatically bar recovery. Illinois motorcycle helmet laws do not require adult riders to wear helmets. Insurance companies may argue that lack of safety gear worsened injuries, but liability still depends on the actions of the at-fault driver and other contributing factors.

What if the other drivers don’t have insurance?

Under Illinois motorcycle insurance laws, uninsured and underinsured motorist coverage may apply. These policies can help injured riders recover compensation when other motorists lack adequate insurance. We help clients identify all available coverage options.

Let Us Help You Recover Fair Compensation

If you were injured in a motorcycle collision, even one where you may share some fault, you still deserve answers, respect, and support. Our team of traffic accident lawyers in Chicago represents motorcycle accident victims across the city, handling cases on a contingency fee basis. That means no upfront costs, and no fees unless we recover compensation for you.

We offer a free consultation where we review your motorcycle accident case, explain your rights, and walk you through your options moving forward. If you’re dealing with medical expenses, lost wages, and uncertainty after a crash, contact us today. We’re here to help you move forward.