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Illinois

Top Illinois Motorcycle Accident Attorneys

Get the Illinois Motorcycle Legal Help You Demand, So You Can Ride Hard.

We only feature one or two lawyers for each State because we’re very aggressive on who we will recommend. Yes, that’s less to choose from but there’s also less risk that you’ll end up with an attorney who isn’t actually experienced in Motorcycle Law.

Motorcycle law can be very complicated. Below are the Illinois Motorcycle Accident Attorneys that we can stand behind.

Marc J. Shuman

Marc J. Shuman

https://illinoismotorcycleattorneys.com/

Marc J. Shuman & Associates, Ltd.
105 W. Adams Street 28th Floor
Chicago, IL 60603

Telephone number (833-452-9253) || (833) IL CYCLE

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Motorcycle Law FAQ in Illinois

The Most Commonly Asked Questions from Riders Like You.

I was in a motorcycle accident; my insurance wants me to settle, should I?

I was in a motorcycle accident, who should I call or report it to?

Can I get compensation for a Head Injury if I was not wearing a helmet?

I was in a motorcycle accident – I might be at fault; how can you help?

Can you ride your motorcycle between lanes for passing in traffic in Illinois?

How do you get compensation for a Motorcycle Hit and Run - Illinois

What is the penalty for driving a Motorcycle without a license?

Should I file a Wrongful Death claim? Motorcycle Accident - Illinois

How do I determine the amount of damages for my accident?


Contact an attorney at Biker Justice USA

Consulting an experienced attorney before agreeing to any settlement is an important part of ensuring the best possible outcome regardless of offers. There are often many variables that an insured victim may not be aware of, which could leave them in a difficult situation in the future without this advocacy.

Illinois law gives insurance companies 15 working days to provide the necessary forms to file a claim after the forms are requested. Once they received the completed forms, they have 60 days to investigate and provide an explanation of approval or denial of the claim

In general, it should take an average of 6 months for these three things to happen before your completed forms or a demand package are submitted:

  • You finish treatment.
  • You reach maximum medical improvement or have a definite prognosis.
  • Your lawyer has assembled all information on medical bills and lost wages with you.

Then your lawyer can submit a demand package and receive a response.

Unfortunately, no one's insurance company is fully focused on protecting or advocating for you and your needs. An insurance company has a focus that can be directly at odds with your interests. Therefore, it is strongly advised you have a competent attorney advocate on your behalf.

Lesser known fact: Did you know that in Illinois: Handlebars must be no taller than shoulder height. Also, a passenger seat and footrest are required when carrying a passenger. 

- Marc J. Shuman, Top Illinois Motorcycle Accident Attorney

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As soon as you are capable of doing so you should immediately call and report your accident to the police and request they attend the scene, once they arrive make sure that the attending police officer creates an accident report and also make sure you are given a copy of that report as you will need it later.

  • First and foremost, check for injuries on yourself and then others, then you know what types of help to call, such as police or an ambulance – or both.
  • Have the attending officer assist you in gaining the insurance information of any other parties that were in the accident, do not at any point in time apologize or take responsibility for the accident, you don’t have all the information that will later appear.
  • Once you can safely do so, take pictures of everything! Photograph your vehicle, any other vehicles, the scene, any lingering debris, and, if possible, including license plates.
  • Make sure you are seen by a medical professional as soon as possible after the incident, adrenaline or fear can mask injuries that require professional medical attention. Keep all bills, records, receipts, or other documents available for both insurance and legal assistance where required.

We would recommend you call an experienced lawyer as soon as possible so they can guide you through the process of recovery and ensure any future issues related to your accident or injury are
taken care of that you might not be aware of.

Lesser known fact: Did you know: Over 90% of Illinois crashes involving motorcycles occur on the dry pavement during a clear day.

- Marc J. Shuman, Top Illinois Motorcycle Accident Attorney

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The degree of compensation available for a head injury sustained in a motorcycle accident in the State of Illinois is dependent on who bears the primary responsibility for fault in the accident once an investigation is complete. This sliding scale for compensation measurement is called Comparative Negligence.

  • If you are deemed 51% or more responsible, according to the state of Illinois, there is no compensation awarded.
  • If compensation is awarded, which does happen, the compensation slides on a scale with the degree of responsibility for the accident.
  • Although Illinois is one of the rare minority states that doesn’t require motorcyclists to wear helmets by law, a motorist can still raise in their defense that you, the motorcyclist, were at least partially responsible due to your failure to wear a helmet.

With a good lawyer, however, this defense will not necessarily succeed. As an example, this argument may fault because a motorcyclist can suffer a head injury even while wearing a helmet.

The portion of responsibility you are determined to have will dictate the compensation potential; this fact alone in Illinois gives you good reason to discuss your situation with a competent lawyer.

Lesser known fact: Illinois briefly implemented a helmet law in 1966 when a federal highway funding cut was threatened against all states without helmet laws. In 1969, the state Supreme Court declared the Illinois helmet law unconstitutional, so it was repealed. The federal law tying highway funds to helmets was later repealed in 1976, meaning states like Illinois without helmet laws no longer carried the risk of that cut to funding.

- Marc J. Shuman, Top Illinois Motorcycle Accident Attorney

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Before doing anything, consult an experienced attorney. In the state of Illinois, compensation is based on a system called Comparative Negligence. What this means is that depending on the degree of fault, determined compensation decreases with the scale of responsibility assigned to you.

What we can do for you is determine which factors might have been outside of your control, or that others were responsible for without your awareness. For example, you would have no way of knowing if the other driver was:

  • impaired 
  • speeding
  • Turning without a signal
  • Failing to yield
  • distracted (such as texting or being on a cell phone)
  • under medical duress
  • under the effects of medication, 

or otherwise unaware of your presence at the time of the accident.

You may be partially responsible, and you may also still deserve some compensation. Take the time you deserve to consult a knowledgeable subject matter attorney and make sure you are taken care of.

Lesser known fact: Did you know that Motorcycles must be equipped with a right- and left-side mirror (Illinois Vehicle Code, Sec. 12-102), and they must also be equipped with mufflers that are not modified to increase or amplify noise levels (Illinois Vehicle Code, Sec. 12-602).

- Marc J. Shuman, Top Illinois Motorcycle Accident Attorney

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The State of Illinois has stayed completely silent about sharing a lane between multiple motorcycles. 

Driving between lanes, traffic filtering, or lane splitting to manipulate your way through traffic, however, has been addressed by the State, and that is illegal according to Illinois statute 625 ILCS 5/11-703.

How this statute works is that if you are on a motorized two-wheel vehicle, you cannot pass two vehicles at the same time if one is on your right and another is on your left, unless you are on a three or four-lane highway where there is an exception to this statute. 

Violating this law is considered a Class A Misdemeanor as long as it does not result in bodily harm. However, if an injury is caused by violating this statute, the state can potentially upgrade the charge to a Class C Felony, resulting in jail time.

Beyond the legal complications of this, there are multiple safety concerns for motorcyclists driving between lanes, with increased risk of injury from

  • Motorists changing lanes unexpectedly
  • Drives of other vehicles opening their doors
  • Decreased space to maneuver as motorists are close on both sides

Again, it is worth it to take the time you deserve to consult a knowledgeable subject matter attorney and make sure you are taken care of.

Lesser known fact: Illinois law does not permit lane splitting, the practice of avoiding or passing traffic by moving between lanes. The law in Illinois is silent, however, on the question of lane sharing, the practice of more than one rider riding side-by-side within the lane.

- Marc J. Shuman, Top Illinois Motorcycle Accident Attorney

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The State of Illinois considers two types of incidents as hit and run. The first type is when a vehicle collides directly with another vehicle, and the second type is when a part or tire tread detaches from a vehicle and stikes something causing an accident. 

If you have been injured in a hit and run accident, there are some basic but important steps you can take to recover compensation for your injuries.

  • Do a self-assessment and see if you are injured, get medical attention immediately.
  • Call, or have someone call, the police so an investigation can start right away.
  • Inform your insurance company, so it is on record, make sure they are aware that you don’t have the identity of the assailant and get them a copy of the report the police made covering your incident.
  • Contact your trusted attorney so they can look out for your rights as you recover from your hit and run ordeal.

If you can remember the make, model, year or color of the vehicle that collided with you it will assist both the police and the insurance companies in processing your case - try to note that information as soon as possible so you don’t forget any details that may prove to be important.

There is a time limit to file a claim and pursue your case to court, don’t risk your right to compensation, consult with one of our qualified attorneys today!

Lesser known fact: Did you know that the Failure to Return to an Accident Scene: Fleeing the scene and failing to return within a half-hour could have penalties including a fine up to $25,000 or three years in jail.

- Marc J. Shuman, Top Illinois Motorcycle Accident Attorney

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If you are caught driving a two-wheel vehicle without a license or you are in a two-wheel vehicle accident without the appropriate license, the consequences can definitely be daunting. A brief consultation with one of our experienced Attorneys is strongly advised.

If you are in the State of Illinois and you are driving:

  • A Motorcycle - you require Class L License 
  • A scooter- you require special licensing (Class M or L) 
  • A Moped - You require a Class L License
  • A Motorized Bicycle - No license is required

In the State of Illinois, an unlicensed driver may be punished for driving without a license as a Class B misdemeanor offense. In these cases, a court may sentence the unlicensed driver for up to 180 days in prison, along with $1,500 dollars in fines.

If your license has expired, a ticket for $1000 may be issued to you; if your license expired more than a year prior, then this is more serious as that is a Class B Misdemeanor in Illinois.

Lesser known fact: Did you know that All-Terrain Vehicles  (ATVs) - cannot be driven in the State of Illinois on streets, roads, or highways, so no license is required to operate these. They can cross the road as long as they travel no more than 90 feet to do so.

- Marc J. Shuman, Top Illinois Motorcycle Accident Attorney

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First, it is important to have some understanding of what exactly Wrongful Death is according to the law. The State of Illinois Wrongful Death Act (found here) refers to loss of life as “caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof,”

The Illinois State Department of Transportation published Crash Facts and Statistics for 2011 revealing these devastating facts: 

  • There were 3,756 motorcycle crashes in the year 2011.
  • The number of motorcyclists killed increased by 10.7 percent over the previous year.
  • These motorcycle crashes resulted in the death of 146 motorcyclists.

According to state records in Illinois, there were 128 Motorcycle accidents in the first ten months of 2019 alone, resulting in death. As a result, it is no surprise that there is a need to seek advice for necessary and fair compensation to families or loved ones left behind when these tragedies occur.

If you or your family are facing loss due to the death of a loved one in a motorcycle accident, we would suggest speaking with an experienced attorney so they can assist you in determining if it was wrongful and advocate for rights. Lesser known fact: Did you know that Illinois State law prohibits handgrips higher than the head. They also restrict riding with no hands on the bars or riding your two-wheel vehicle on one-wheel.


- Marc J. Shuman, Top Illinois Motorcycle Accident Attorney

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The calculations to determine damages, and by extension, compensation after an accident is an extremely complex process that often requires professional assistance to navigate.

It is important to document any of your expenses throughout this process. This includes, but is not limited to:

  • Your immediate cost of medical care, 
  • Long term treatment or therapy,
  • Any expenses that you may have to pay out of pocket as a result of your injuries. 
  • Any loss of income from being unable to return to work.

Though your damages can include obvious factors such as your medical expenses, lost wages, and damage to your motorcycle or other property, calculating the overall impact an accident can have on your daily life is overly complicated. For example, one’s pain and suffering and how it impacts them through various factors, including:

  • Their ability to continue their previous everyday activities
  • Interruption or damage to their job or career
  • Disfiguration and any loss of mobility that may accompany it
  • The permanency of any of their injuries
  • Whether any injuries will require future medical care or treatment

As well as how badly your injuries or other damages impact your life. It can be exceedingly difficult for anyone without legal expertise to calculate and justify these factors should your insurer dispute your claim.

Lesser known fact: The only traffic law that’s different for motorcycles is a limited straight-on-red law. Since 2012, it lets motorcycles (and bicycles) proceed safely through a stoplight that has not changed for at least 120 seconds. But, only if that delay is because the light-changing device can’t detect bikes, and only outside of Chicago.

- Marc J. Shuman, Top Illinois Motorcycle Accident Attorney

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