Illinois Motorcycle Accident Statute of Limitations

According to the Illinois Department of Transportation, there were 575 motorcycle accidents in Chicago in 2023, many of which resulted in catastrophic injuries. The Illinois motorcycle accident statute of limitations is relatively short, making it essential that victims begin the legal process as soon as possible. Contact our skilled attorneys immediately after a crash for a free consultation about your personal injury claim.

How Long Do Illinois Victims Have to File a Motorcycle Accident Claim?

Regardless of what type of claim you may have, motorcycle crashes are typically serious accidents that require immediate medical attention. This is especially true if the other vehicles were much larger, such as buses or trucks.

Visit the nearest hospital as soon as possible, such as UI Health or Rush University Medical Center. Not only does this ensure you are safe, but it also provides immediate evidence of your claim, which can be vital when proving liability.

There are different statutes of limitations depending on the type of claim you need to file. The shortest Illinois statutes of limitations are for actions against government agencies or liquor sellers.

A motorcycle accident caused by defective or confusing roads, such as Chicago’s contraflow bus lanes on Adams Street (9-20-020), may trigger a claim under the Illinois Tort Immunity Act, which has a one-year statute of limitations (745 ILCS 10/8-101). There are strict procedures for these types of claims, making it essential to consult with a skilled attorney.

The Illinois Supreme Court ruled in cases like Mohr v. Jilg that if a bar overserves a motorist, and the liable party then causes a motor vehicle accident, then the injured party can sue for compensation under the Dram Shop Act. However, this law has a one-year statute of limitations (235 ILCS 5/6-21).

Illinois law provides a two-year filing window for personal injury (735 ILCS 5/13-205). In most cases, the clock starts on the accident date. However, if injuries were not immediately apparent, the discovery rule may apply. This allows the statute of limitations to begin when the injury should have become apparent.

Fatal motorcycle accidents have a two-year statute of limitations (740 ILCS 180/), and only the legal next of kin can file a wrongful death claim.

In some motorcycle accident cases, vehicle defects contributed to the accident. Product liability claims have a two-year deadline, but claims must be filed within 12 years of the date of purchase (735 ILCS 5/13-213).

If the crash involved only property damage, then the statute of limitations is extended to five years (735 ILCS 5/13-205).

Why Hire a Motorcycle Accident Lawyer

There are multiple Illinois statutes of limitations, depending on the parties involved and the type of claim. Not only can this be confusing for the average person, but it also requires careful document management and communication to ensure each claim is filed on time. Because of this, it is crucial to contact a Chicago motorcycle accident lawyer who is familiar with these statutes.

We will coordinate all claims to ensure each at-fault party is held responsible under applicable law. Having helped over 5,000 clients, we are highly familiar with the filing process at the Circuit Court of Cook County and can smoothly process each separate claim.

Our team will gather evidence proving liability, including police reports, medical records, witness statements, and surveillance footage. Together, these prove the four factors of negligence: duty of care, breach of duty, causation, and damages.

Evidence is often lost or destroyed after a motorcycle accident, such as when the liable party has their vehicle repaired or police officers clear road debris. Additionally, identifying which party holds the evidence and issuing subpoenas to the appropriate person requires experience and a strong familiarity with the local court system. With over 100 combined years of legal experience, we can swiftly identify the most valuable evidence and contact the appropriate person to ensure it is safeguarded.

As the insurance company will attempt to run out of the clock on the statute of limitations, they may use a lack of evidence to stall. Our attorneys will preserve this evidence as soon as possible to prevent the insurance agency from denying your claim based on a lack of evidence.

Using medical bills, pay stubs, and invoices, we will calculate your economic damages and then consult experts to support non-economic damages such as physical pain and suffering. We will also file a motorcycle accident claim seeking punitive damages if we believe the liable person’s negligence constituted willful misconduct.

Negotiations account for most of the two-year timeline. This is especially true in motorcycle accident cases, because the insurance agent will want to wait until the victim has reached maximum medical improvement before beginning negotiations. By staying mindful of the applicable statute, we prevent the company from waiting too long to begin negotiations.

Insurance companies will attempt to deny that your medical expenses were directly related to the crash, or they may refuse to offer a settlement. By starting on your case as soon as possible, we ensure we have time to file a lawsuit if negotiations fail.

While many Illinois motorcycle accident cases settle out court, it is sometimes necessary to go to trial. This often occurs because there are complex legal questions, multiple parties involved, or contested liability.

Our attorneys are well-respected members of the Illinois Trial Lawyers Association, with a 98% success rate at trial and in negotiations. We will share information with the other parties, called discovery, and file motions to ensure your legal rights are protected. Our team will prepare a strong case relying on expert testimony to show liability, giving you the best chance of a positive verdict.

Get Started With Your Motorcycle Accident Injury Claim

A motorcycle accident is stressful, especially as the Illinois personal injury deadline requires immediate action. However, you don’t have to go through the claims process alone. A Chicago traffic accident lawyer will support you every step of the way, from gathering evidence proving liability to representing you in court.

Our law firm holds the prestigious Super Lawyers® designation, reflecting our strong reputation in the Illinois legal community. We have secured more than $450 million in favorable settlements and verdicts over the past 25 years, ensuring accident victims have the funds they need to heal.

We work on a contingency fee basis: no fees unless we win. Contact us today for a free, no-obligation consultation about your accident claim.