Motorcycles are smaller and less visible than cars, and drivers who fail to look twice cause most serious motorcycle crashes. Riders who did nothing wrong then face insurers ready to argue they were speeding, weaving, or "not wearing a helmet." Brandenburg & Rees represents injured riders and their families throughout Central Illinois and the Metro East.
Common causes
- Left-turning vehicles that cross a rider's path at intersections.
- Lane changes by drivers who did not check their mirrors or blind spots.
- Following too closely and rear-end collisions at stops.
- Road hazards such as gravel, potholes, and uneven pavement that are minor for a car and dangerous for a motorcycle.
- Distracted and impaired drivers.
Illinois rules riders should know
- Helmets. Illinois does not require adult riders to wear a helmet. Not wearing one is not negligence under Illinois law, though insurers may still try to argue it. Eye protection is required unless the motorcycle has a windshield.
- Comparative fault. As in any Illinois injury case, you can recover if you were 50 percent or less at fault, reduced by your share. Insurers lean heavily on rider bias to inflate that share, which is why an early, independent investigation matters.
- Insurance. Motorcycle policies often carry lower limits and may exclude coverage you would expect. We review every policy involved, including your own uninsured and underinsured motorist coverage.
Injuries we see
Road rash, fractures, traumatic brain injury, spinal cord injury, and amputation are common in motorcycle collisions, and the long-term costs are significant. We document future medical needs and lost earning capacity with treating physicians and, where appropriate, life care planners so that a settlement accounts for the years ahead, not just the bills to date.
After a motorcycle crash
- Get medical attention immediately, even for injuries that seem minor.
- Photograph the scene, the vehicles, the road surface, and your gear.
- Collect witness contact information. Independent witnesses are the best answer to rider bias.
- Preserve your motorcycle, helmet, and clothing. Do not repair or discard anything.
- Do not give a recorded statement to the other driver's insurer.
Common questions
I was not wearing a helmet. Does that hurt my case?
Illinois does not require adult riders to wear helmets, and failing to wear one is not negligence under Illinois law. Insurers may still raise it. We address it directly with medical evidence about the actual injuries.
The driver says they never saw me. Is that a defense?
No. Drivers have a duty to keep a proper lookout. "I didn't see the motorcycle" is an admission that they failed to look, not an excuse.
What if the driver who hit me left the scene?
Report it to police immediately and notify your own insurer. Uninsured motorist coverage on your motorcycle or auto policy may cover a hit-and-run. We help identify the driver where possible and pursue the coverage that applies.
This page provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship with Brandenburg & Rees, LLP. Laws change and every situation is different; consult an attorney about your specific circumstances.
