Chicago Motorcycle Accident FAQs

Chicago has many busy roadways and highways full of motorcycles on any given day. This is true, especially in the spring and summer months. When a motorcyclist drives in a negligent manner, serious accidents can occur. Negligent driving can include:

• Weaving in and out of traffic
• Distracted driving
• Operating a motorcycle while impaired by drugs or alcohol
• Speeding or driving too fast for conditions
• Lane splitting

These actions can significantly increase the chances of an accident. An injured motorcycle passenger can definitely file a claim or lawsuit directly against the negligent motorcyclist. They can also pursue anyone else at fault for a crash.

A Chicago motorcycle accident attorney can examine the accident facts and determine whether or not you may have a case. And again, the claim can be filed against the motorcycle operators if they cause or contribute to an accident.

The City of Chicago has a duty to maintain its roadways and keep them in good condition at all times. This requires that the City promptly fix potholes, repair macadam or concrete spalling, and correct other road defects within a reasonable period of time. While not common, failure to do so can result in legal liability in the event of a motorcycle accident.

Construction zones are a hotbed for road defects. These may include uneven or grooved pavement, potholes, and concrete barriers. These hazardous road conditions can cause motorcycle accidents. Motorcyclists and passengers can fall and sustain serious injuries.

In the case of construction zone defects, an injured motorcycle operator or passenger may be able to sue the construction company or the city for hazardous conditions, including:

• Negligent or defective road repair work
• Creating a hazardous roadway condition
• Failing to properly maintain or correct a construction site hazard
• Failing to warn motorists of defects in the road due to construction

It is important to keep the Illinois statute of limitations in mind as it pertains to personal injury motorcycle accident cases.  Typically, Illinois personal injury lawsuits must be filed within two years from the date of accident or injury.

However, the time limit is only one year if a governmental entity is involved. Therefore, filing a claim or lawsuit against the City of Chicago, or Cook County requires that a plaintiff file a lawsuit within one year.

If a claim or lawsuit is not timely filed, the accident victim will be forever barred from seeking money damages for personal injuries. Therefore, you should always discuss your specific circumstances and timeline with an attorney as soon as possible.

An experienced Chicago motorcycle accident attorney can best determine who the potentially responsible parties are in your accident. Furthermore, an attorney will be able to timely file a claim or lawsuit against any responsible parties in your case.

When other drivers operate their motor vehicles recklessly, they significantly increase the chances of a serious accident. Cars and trucks are much larger vehicles than motorcycles. Consequently, when they collide with motorcycles, the result can be catastrophic and deadly.

In order to prove your claim against a defendant, the motorcyclist must prove that the other driver was negligent. This includes evidence of speeding or violating some other traffic law or rule of the road.

Drunk drivers whose vehicles collide with motorcycles can be held responsible for both civil and criminal penalties. In the civil context, a motorcycle accident victim would file a claim or lawsuit for damages due to related injuries.

The accident victim may be eligible to recover compensation for all medical bills and lost wages. Further, the biker can recover for pain and suffering, and other non-economic damages.

A Chicago motorcycle accident attorney can assist in this process. He or she can review the police report and any other documentation in your case, and file a claim or lawsuit against a negligent driver.

When motorcycle parts, such as tires, handlebars, and steering mechanisms are defective, serious accidents can result. Motorcycle parts manufacturers and distributors have a duty to ensure that only safe parts enter the stream of commerce.

If a consumer purchases a defective motorcycle part and an accident occurs, the victim may be able to make a claim. If you suspect a defect caused an accident with serious injuries, contact a lawyer immediately.

You will also want to preserve the evidence. You need to make sure your attorney has the opportunity to have an expert examine the possible defect on the motorcycle. If the evidence is lost, your case could be over from the start.

Motorcycle repair shops can be liable for injuries and damages caused by inadequate repairs. But you would have to prove both negligent repair work and that said negligence was the cause of a crash.

In order to prove your case, your lawyer would likely need to retain the services of an expert motorcycle mechanic. He or she would review the repair work and determine whether the repair facility performed negligent repairs. And further, whether those faulty repairs were the cause of your accident.