Laws That Impact Motorcycle Crash Claims in Illinois

  • It seems like motorcyclists always face an uphill battle when filing personal injury claims for accidents they’ve been injured in. Various Illinois laws will have an impact on how your claim is handled and seen by the jury or judge, should your case end up in court.

    Continue reading to learn more about these laws and what you can do to make your case as successful as possible.


    The Red Light Law

    The red light law allows motorcyclists to travel through red lights after waiting an appropriate amount of time. (Two minutes is usually recommended, but the exact amount of time is not established in the law.)

    This law came into effect after it was brought to the state’s attention that two-wheeled vehicles often had difficulty tripping the sensors that would alert traffic lights that a vehicle was waiting to turn. This law could affect your motorcycle accident claim in a number of ways.

    You can expect the insurance company to try to make it appear as though you hold more liability than you actually do for your accident. That might involve suggesting that you illegally ran a red light. Your attorney may be able to argue that you waited the appropriate amount of time before proceeding through the light and are therefore are not responsible for the damage.


    Helmet Use and Negligence Laws

    You are not required to wear a helmet when operating your motorcycle in the state of Illinois. However, when you fail to use a helmet and are injured in a crash, you can expect the insurance company and at-fault party to argue that you are partially to blame for your injuries, saying you have little regard for your own safety by choosing not to wear a helmet.

    They will do this because Illinois uses the concept of modified comparative negligence to determine fault in an accident. This means you’ll be able to pursue compensation for your losses from the at-fault party, but your award will be reduced based on the percentage of blame you hold. Not wearing a helmet could reduce the at-fault driver’s liability for your head injuries, for instance.


    Discuss Your Motorcycle Collision with Us

    Working with an experienced Chicago motorcycle accident lawyer at Lane & Lane, LLC can help you ensure that the insurance company and liable parties do not use Illinois motorcycle laws against you. Find us online or give our office a call at 312-332-1400 to schedule your free consultation today.