Motorcycle Accident Wrongful Death Claims in Chicago

Losing a loved one in a motorcycle accident is a life-changing tragedy. When someone else’s negligence causes that loss, the pain is often compounded by frustration and unanswered questions. At our law firm, we represent families throughout Chicago who are pursuing motorcycle accident wrongful death claims after a fatal crash. Our legal team understands how devastating these cases can be, and we’re here to help you hold the at-fault party responsible.

Motorcycle accident fatalities in Chicago often involve speeding, distracted driving, or passenger vehicle occupants failing to see motorcycle riders. Whether your loved one was struck by a negligent passenger vehicle driver or a defective motorcycle part contributed to the crash, we’re prepared to investigate the full scope of the incident.

We stand beside surviving family members in wrongful death cases, offering experienced legal representation to pursue the fair compensation they deserve. Contact us today for a free consultation.

How Common Are Motorcycle Accident Fatalities in Chicago?

In 2023, the Illinois Department of Transportation recorded 575 motorcycle crashes within the City of Chicago. Out of those, eight resulted in death, 323 led to injuries, and 244 caused only property damage. While motorcycle accidents accounted for a small fraction of the city’s total 203,594 reported collisions that year, the numbers show a clear pattern: motorcycle riders face a significantly higher risk of severe injury or fatal outcomes than those traveling in passenger vehicles.

Who Can Sue for Wrongful Death Following a Motorcycle Accident in Chicago?

In Illinois, the right to file a wrongful death claim after a motorcycle accident is granted under the state’s Wrongful Death Act (740 ILCS 180/). This law allows specific individuals to take legal action against the party responsible for causing a fatal motorcycle crash. The goal of a wrongful death lawsuit is to help surviving family members recover damages for their personal and financial losses following the death of a loved one.

Under the statute, only the personal representative of the deceased person’s estate is permitted to file the wrongful death lawsuit. This person is often a close family member, such as:

• A surviving spouse
• An adult child
• A parent of a deceased minor or adult child
• A court-appointed representative if no immediate family is available

The compensation recovered in motorcycle wrongful death cases is meant to benefit the deceased’s next of kin, such as children, spouses, or dependent family members.

Illinois law also allows surviving family members to sue for wrongful death even if criminal charges are not filed or do not result in a conviction. The civil court process operates separately from criminal court and has a lower burden of proof. A skilled wrongful death attorney can help determine who qualifies to bring a claim and how to move forward with the motorcycle accident lawsuit.

Who Can Be Held Liable in a Fatal Motorcycle Accident Case?

Determining liability in a motorcycle accident lawsuit often requires a close examination of how the crash occurred and who contributed to the death. Cases involving death in a motorcycle accident may include a range of responsible parties, depending on the circumstances. Identifying the at-fault party is one of the most essential steps in building a strong motorcycle accident claim and proving negligence.

Here are some of the most common parties who may be held liable in a fatal motorcycle accident case:

1. At-fault driver
   In most motorcycle accidents, a negligent driver is involved. Common causes include speeding, texting while driving, failure to yield, unsafe lane changes, and impaired driving. If a driver’s actions led to the fatal crash, the surviving family members may sue for wrongful death.
2. Commercial vehicle company
   If the motorcycle crash involved a commercial truck or company vehicle, the business that employed the driver or owned the vehicle may also share responsibility. These companies can be liable for poor training, lack of maintenance, or hiring unqualified drivers.
3. Motorcycle manufacturer or parts supplier
   A defective motorcycle or faulty part–such as brakes, tires, or steering components–can contribute to deadly crashes. In these cases, a motorcycle accident lawsuit might name the manufacturer or distributor as the liable party.
4. Government entity or road contractor
   In some cases, dangerous road conditions, poor signage, or a lack of proper maintenance can play a role in a fatal motorcycle crash. If a government agency or contractor failed to keep the road safe, they may be liable under certain legal conditions.
5. Bar or establishment (in dram shop cases)
   If the at-fault driver was overserved alcohol at a bar or restaurant before the crash, that business may be held responsible under Illinois dram shop laws.
6. Another motorcyclist or pedestrian
   Occasionally, another motorcyclist or even a pedestrian may cause or contribute to a crash. Sudden stops, erratic movements, or unsafe behavior on the road can lead to death in a motorcycle accident.

Because most motorcycle accidents involve serious injuries or fatalities, it’s essential to gather evidence quickly. Police reports, medical records, accident scene photos, and expert opinions–including from accident reconstruction experts–can help clarify liability. An experienced wrongful death attorney can identify all potentially liable parties and pursue a fair settlement or take the case to civil court if necessary.

What If the Fatally Injured Victim Was Among the At-Fault Parties?

In some motorcycle wrongful death cases, the deceased rider may have shared some responsibility for the crash. Under Illinois law, this does not automatically prevent the family from pursuing a wrongful death claim. The state follows a modified comparative negligence rule, outlined in 735 ILCS 5/2-1116, which allows compensation as long as the deceased was less than 51% at fault for the accident.

Here’s how it works:

• If the deceased rider was found to be 50% or less at fault, their surviving family members can still sue for wrongful death.
• Any compensation awarded will be reduced in proportion to the rider’s share of fault.
• If the rider was more than 50% at fault, the family cannot recover damages under a wrongful death lawsuit.

For example, a motorcycle accident caused by a speeding passenger vehicle driver, but the motorcyclist was also riding without headlights at night, the court may assign partial fault to both. If the motorcyclist were found 30% responsible, any damages awarded would be reduced by that percentage.

What Damages Can Be Recovered in Motorcycle Wrongful Death Claims?

Motorcycle accident claims involving a wrongful death allow surviving family members to recover compensation for both financial losses and emotional suffering tied to the loss of their loved one. Illinois law recognizes that death in a motorcycle crash affects more than just income; it impacts families emotionally, mentally, and personally for years to come.

Damages in motorcycle wrongful death claims may include:

• Funeral and burial expenses – Reasonable costs related to the death, funeral, burial, or cremation services.
• Medical expenses – This includes any medical treatment provided after the crash and before death, including ambulance services, hospitalization, surgeries, and medications.
• Lost wages and benefits – Compensation for the loss of the deceased’s expected earnings, retirement benefits, and other financial contributions to the household.
• Loss of companionship – Damages for the emotional loss experienced by a surviving spouse, children, or other immediate family members who depended on the deceased for guidance, love, and support.
• Emotional distress and mental anguish – The psychological impact of losing a loved one suddenly and violently, especially in fatal motorcycle accidents, can be long-lasting. This type of non-economic damages may be available to surviving family members.
• Loss of services – Compensation for the value of household services the deceased would have provided, such as childcare, transportation, or home maintenance.
• Punitive damages – In rare cases involving gross negligence or intentional misconduct, punitive damages may be awarded to punish the at-fault party and deter similar behavior.

Each motorcycle accident claim is different, and the amount of compensation available depends on several factors, such as the deceased’s age, income, and role in the family. An experienced wrongful death attorney can help assess the full monetary value of the loss and pursue a fair settlement through insurance companies or, if necessary, through civil court.

How Long Do Surviving Family Members Have to File a Wrongful Death Case in Illinois?

In Illinois, surviving family members generally have two years from the date of death to file a wrongful death lawsuit. If the claim is not filed within that period, the right to seek compensation may be permanently lost.

However, some exceptions that can affect the deadline:

• If the death resulted from violent or intentional conduct, such as a fatal crash involving reckless driving or DUI, the time limit may be extended if criminal charges are filed. In such cases, the deadline can be one year from the end of the related criminal case, whichever is later.
• If a government agency is involved, such as when the crash occurred due to unsafe road conditions or a government vehicle, different notice requirements and shorter deadlines may apply.

The legal process for motorcycle accident claims takes time, especially when gathering evidence, reviewing police reports and medical records, working with accident reconstruction experts, and dealing with insurance companies. It’s best not to wait. The sooner an experienced attorney gets involved, the more time they have to build a strong case and pursue a fair settlement.

How a Chicago Motorcycle Accident Lawyer Can Help

After a fatal motorcycle crash, families are often left overwhelmed, not just by the loss but by the legal and financial challenges that follow. A Chicago motorcycle accident attorney can provide the guidance and support needed to pursue a wrongful death claim and seek fair compensation.

An attorney will begin by thoroughly investigating the motorcycle accident. This includes collecting police reports, reviewing medical records, consulting accident reconstruction experts, and interviewing witnesses. Whether the crash involved a distracted passenger vehicle driver, a defective motorcycle, or a commercial vehicle, your lawyer will work to identify all liable parties and prove negligence.

If the motorcycle accident involved a rideshare vehicle, such as an Uber, your attorney will assess how Uber accident settlements may apply and whether the company’s insurance coverage can be accessed.

Insurance companies often try to reduce or deny payouts. A motorcycle accident lawyer can handle all negotiations, pushing for full compensation for funeral expenses, medical bills, lost wages, and mental anguish.

Hiring an experienced attorney ensures that surviving family members have strong legal representation throughout the legal process, without upfront legal fees.

• $8,979,000 Settlement – Carlos was riding his motorcycle through a designated delivery corridor near the Loop when a delivery truck turned left directly into his path. He suffered severe injuries and died shortly after emergency medical treatment. The case involved detailed accident reconstruction, commercial driver records, and evidence of unsafe driving practices. The significant settlement reflected Carlos’s medical bills, lost income, funeral expenses, emotional distress suffered by loved ones, and the lasting impact on his children.
• $1,000,000 Settlement – James, a fifty-year-old motorcyclist, was killed when a passenger vehicle driver made an unsafe left-hand turn at a busy Chicago intersection. The crash occurred during evening traffic near Western Avenue, leaving James with fatal injuries at the scene. Factors that affected the case value included clear right-of-way violations, strong police reports, and witness statements confirming driver error. The claim also considered the financial impact on James’s surviving spouse and immediate family members.

Book a Free Consultation

If you’ve lost a loved one in a fatal motorcycle crash, you don’t have to face the legal process alone. At our Chicago traffic accident law firm, we represent families in motorcycle accident wrongful death cases with care, focus, and a strong commitment to results. We understand the emotional and financial toll these tragedies take, and we’re here to help you seek compensation for your loss.

Whether the crash involved a passenger vehicle driver, a commercial truck, or a defective motorcycle part, we’ll investigate the facts, determine liability, and fight for a fair settlement on your behalf. We handle every motorcycle accident claim on a contingency fee basis, which means you pay nothing unless we win your case.

Contact us today to schedule your free consultation. We’ll listen to your story, explain your options, and help you understand what steps to take next. Let us provide the legal support your family deserves.