Motorcycle accidents can result in injuries that are categorically different from those in other vehicle collisions. Without the protective shell of a car, riders’ bodies are subjected to the full force of impact of the vehicle they collide with, and most often a secondary impact with the pavement after being ejected from their motorcycle. If you’ve been injured in a Joliet motorcycle accident or anywhere in Will County, the legal framework governing your claim is shaped by Illinois motorcycle laws that both protect and complicate your rights. Understanding how these statutes interact with your injury case isn’t optional. It’s the difference between a full recovery and a reduced or denied claim.
Contact Michael J. Lichner for a free consultation. Call 815-258-7877 to discuss your case. There’s no fee unless we win.
Key Illinois motorcycle statutes that affect your claim
Illinois is one of only three states without a universal helmet law for adult riders. In fact, Illinois law specifically prohibits local governments, including home-rule units, from enacting ordinances that require motorcycle riders to wear protective headgear. While that’s the law in Illinois, the absence of a helmet law doesn’t prevent defense counsel from trying to blame the motorcycle rider for not wearing one.
What Illinois does require is eye protection. Under 625 ILCS 5/11-1404, every motorcycle rider must wear approved protective eye devices unless the motorcycle is equipped with a transparent shield that extends above the rider’s eyes. Contact lenses don’t count.
If you’ve lived in or spent any time in California, then you know that motorcycles can lane split in that state. However, in Illinois lane splitting is prohibited. Under 625 ILCS 5/11-709, vehicles must be driven “as nearly as practicable entirely within a single lane” and cannot change lanes until the driver confirms the movement can be made safely. Additionally, 625 ILCS 5/11-703(c) specifically provides that drivers of two-wheeled vehicles may not pass on the left of any vehicle going the same direction unless there’s an unobstructed lane available. If you were lane splitting at the time of a crash, expect the defense to use it as evidence of your contributory fault.
Licensing matters too. Under 625 ILCS 5/6-103, a rider under 18 must complete an approved motorcycle training course through the Illinois Department of Transportation. Adults need a valid Class M license endorsement. Riding without proper licensure doesn’t eliminate your right to compensation, but it gives insurers another argument to try to reduce your claim.
The helmet defense: how insurers use it against you
Here’s where many riders get caught off guard. Illinois doesn’t require adult riders to wear a helmet, so you’d think not wearing one cannot be held against you. In practice, it’s more complicated than that.
Defense attorneys and insurance adjusters routinely argue that a rider’s failure to wear a helmet contributed to the severity of their injuries, particularly in cases involving traumatic brain injuries or facial trauma. The legal theory isn’t that you broke the law. Instead, they argue you failed to mitigate your own damages. This is a damages argument, not a liability argument, and that distinction matters.
In a motorcycle accident claim in Illinois, a defense attorney may retain a biomechanical or medical expert to testify that a helmet would have lessened the severity of head injuries. If the jury finds that argument persuasive, it can reduce the amount of compensation you receive, even though you had every legal right to ride without a helmet.
This is why having an attorney who understands motorcycle-specific legal issues isn’t a luxury. It’s a necessity. Attorney Michael J. Lichner analyzes these defense strategies and develops counter-arguments grounded in medical evidence and accident reconstruction data.
How Illinois comparative negligence applies to motorcycle claims
Under 735 ILCS 5/2-1116, a plaintiff in Illinois is barred from recovering damages if the trier of fact finds that their contributory fault is more than 50% of the proximate cause of the injury. If the plaintiff’s fault is 50% or less, they can still recover, but damages are reduced in proportion to the fault attributed to them.
For motorcycle riders, this rule is both an opportunity and a threat. Illinois is a modified comparative negligence jurisdiction. Insurance companies know that juries sometimes carry a bias against motorcyclists. They’ll argue that speeding, improper lane positioning, or lack of protective gear pushed your fault above that critical 50% threshold. Once they succeed, your claim is worth zero.
Defending against inflated fault allocations requires experience, thorough investigation, and often considerable cost associated with retaining qualified experts. Attorney Lichner and his team at LiSi Law, LLC have the resources to retain accident reconstruction professionals, obtain surveillance footage, and analyze black box data from commercial vehicles to establish what actually happened and who was at fault.
Common causes of motorcycle accidents in Will County and Northern Illinois
Motorcycle collisions along routes in Joliet, Plainfield, Bolingbrook, and throughout Will County tend to follow recognizable patterns.
– Left-turn collisions. A driver turns left across oncoming traffic and strikes a motorcycle they didn’t see (or misjudged its speed). This is one of the most common and most dangerous motorcycle accident scenarios. It often results in catastrophic injuries to the motorcyclist or death.
– Unsafe lane changes. A car or truck changes lanes without checking blind spots, where motorcycles are frequently obscured.
– Road hazards. Potholes, loose gravel, uneven pavement, and debris that a car would drive over can send a motorcycle out of control. Municipal liability may apply depending on the circumstances.
– Driver inattention and distraction. Texting, phone use, and general failure to watch for motorcycles remain leading contributors to collisions.
Each of these scenarios raises distinct liability questions. Building a strong motorcycle accident claim in Illinois requires identifying the specific negligence that caused the crash and connecting it to your damages through evidence.
Damages available in motorcycle injury cases
Motorcycle accidents frequently produce severe injuries, such as road rash, fractures, spinal cord damage, and traumatic brain injuries, that carry significant long-term costs. In an Illinois motorcycle injury claim, you may recover:
– Economic damages: Medical bills (past and future), lost wages, reduced earning capacity, rehabilitation costs, and necessary modifications to your home or vehicle.
– Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.
Illinois does not cap damages in personal injury cases. In wrongful death cases, surviving family members may pursue additional claims for loss of consortium and financial support.
Call 815-258-7877 to discuss what your motorcycle injury case may be worth. Your consultation is free.
Don’t miss Illinois’s two-year filing deadline
Illinois civil statutes of limitations set a two-year limit for personal injury claims, and the clock generally starts running when the injury occurs. Under 735 ILCS 5/13-202, if you miss this deadline, the court will almost certainly dismiss your case with prejudice (forever) regardless of how strong the underlying facts are.
Two years can feel like a long time, but critical evidence, such as surveillance footage, witness recollections, and vehicle electronic data, is lost, overwritten, or, at best, fades over time. The sooner an investigation begins, the stronger your case will be.
Talk to an experienced motorcycle injury lawyer in Joliet
Illinois motorcycle laws create both protections and pitfalls for injured riders. From the helmet defense to comparative fault allocation, the legal issues in motorcycle cases require an attorney who understands how these arguments play out in practice.
Recognized as a Top 100 National Trial Lawyer, Michael J. Lichner has spent over a decade and a half representing individuals injured by negligence throughout Will County, DuPage County, Cook County, and the Northern Illinois collar counties. As part of LiSi Law, LLC, he has the resources and infrastructure to take on insurance companies and build cases designed to withstand scrutiny.
Contact Michael J. Lichner for a free consultation. Call 815-258-7877 today. There’s no fee unless we recover compensation for your injuries.