Chicago Motorcycle Laws

Understanding Chicago motorcycle laws is crucial to protecting your rights after a motorcycle crash on busy arterials like Western Avenue or State Street. Our attorneys can help you understand your legal rights and ensure that you are protected from unfair insurance tactics.

Contact us today for a free consultation about your motorcycle claim.

What Illinois Motorcycle Laws Apply to Chicago Riders?

The Illinois Vehicle Code outlines the basic laws for operating a motorcycle. Any motorcycle must meet minimum safety requirements, including working headlights, side view mirrors, and handlebars no higher than the driver’s height when seated in the operating position (625 ILCS 5/11-1403).

Riders must have at least one hand on the handlebar grip at all times, with one leg on either side of the bike (625 ILCS 5/11-1403).

If two persons are riding, then they must each have a fixed seat and their own set of eye protection. Riders cannot take passengers on a motorcycle that does not have an extra seat (625 ILCS 5/11-1403).

Riding with one wheel off the ground is expressly forbidden by both state law (625 ILCS 5/11-1403.2) and the Chicago Municipal Code (9-48-080).

Like other motorists, motorcyclists must have liability insurance coverage. The minimum requirements are $25,000/person or $50,000/accident in bodily injury and $20,000/accident in property damage (625 ILCS 5/7-203).

Motor Vehicle Classification

Illinois law requires anyone operating a motorcycle to have the appropriate license issued by the Illinois Secretary of State (625 ILCS 5/6-101). There are two types of licenses available, depending on what kind of motor-driven cycle you have.

Class L License: This is for street-legal cycles with engine displacement under 150cc, including mopeds and scooters.

Class M License: Any cycle with engine displacement above 150cc, including motorcycles, requires a Class M license.

The Secretary of State offers free rider training classes that teach motorcyclists to ride safely and comply with local laws. In many cases, completing this training class provides a waiver, allowing new riders to skip the skills test and written test before obtaining their license.

Motorcycle Helmet Laws

There are no Illinois motorcycle helmet laws. Illinois is one of only three states that do not require motorcyclists to wear helmets; the Illinois Supreme Court struck down this requirement as unconstitutional in People v. Fries.

However, helmet use is crucial for preventing serious head injuries. Insurance companies can also use failure to wear protective headgear as proof of negligence.

Though there are no helmet laws, motorcycle riders must have protective eyewear, such as a face shield or goggles (625 ILCS 5/11-1404).

The “Dead Red” Law

Motorcycle riders can proceed through a red light that fails to turn green within 120 seconds (625 ILCS 5/11-306). However, they must check that the path is clear and yield to any oncoming vehicles.

Continuous Headlights

Illinois motorcycle laws require headlights to be illuminated at all times, including during the day. These should be wired to a license plate light (625 ILCS 5/12-201). This is crucial because motorcycles have a much smaller profile than other vehicles. Even on a sunny day along Lake Shore Drive, other motorists may not see you, resulting in a collision.

Lane Splitting

Illinois strictly prohibits lane splitting, defined as driving between lanes of moving or stopped traffic (625 ILCS 5/11-703(c)). If you are in traffic, you must operate your bike the same as any other motorist.

This maneuver can determine your percentage of liability in a motorcycle accident lawsuit, as it often leads to severe injuries.

We Can Help You Understand the Chicago Traffic Laws Related to Your Motorcycle Accident

Our Chicago motorcycle accident attorneys are here to help you navigate Chicago’s complex traffic laws. With over 100 years of combined legal experience, our attorneys are highly familiar with all Illinois motorcycle regulations and will protect your rights.

To begin, we will gather strong evidence to determine liability, including police reports, medical records, witness statements, and dashcam footage. We can also collaborate with accident reconstruction experts to determine the mechanics of the crash, which may reveal negligence.

Insurers often attempt to lowball injured motorcyclists, making it crucial that you have strong documentation on your side. Through our investigation, we will calculate your damages, including medical expenses, lost income, and property damage. We can also advocate for non-economic damages, such as pain and suffering or emotional distress, through your personal narratives and medical experts’ professional opinions.

Illinois uses modified comparative negligence to determine fault (735 ILCS 5/2-1116).This means that each person involved in an accident is assigned a percentage of blame.

If you are less than 50% responsible, then you are entitled to sue for damages, but your compensation will be reduced by the percentage of blame. For example, if you followed the “Dead Red” law but failed to check your blind spot for a speeding vehicle, you may be found partly responsible. Our team will work to ensure that the allocation of blame is fair and accurately represents the available evidence.

Insurance companies often assert that riders are at fault for failing to wear helmets, even though Illinois does not have helmet laws. We will rely on the Vehicle Code to establish that they cannot dismiss head injury claims solely on the ground of a lack of headgear.

While many claims settle out of court, some accidents involve complex legal arguments, such as when you are in a crash with a commercial motor vehicle and multiple insurance policies are in place. As members of the Illinois Trial Lawyers Association, we are highly experienced litigators with a strong track record in courts like the Circuit Court of Cook County.

We understand that a motorcycle accident often leaves victims with severe trauma, making it difficult for them to handle the legal process. Our team will handle all third-party communications on your behalf so that you can focus on recovery, not insurance claims and negotiations.

Book a Free Consultation

Our Chicago traffic accident attorneys are passionate about helping riders get on the road to recovery. Over the past 25 years, we have secured over $450 million in positive verdicts and settlements for accident victims nationwide, earning us a place in the Million Dollar Advocates Forum.

Through our thorough advocacy and strong track record, we have gained the prestigious Super Lawyers designation and a perfect 10/10 AVVO rating.

We work on a contingency fee basis: no legal fees unless we win. Contact us today for a free consultation about your legal rights.