What To Do After a Motorcycle Accident in Illinois

 Posted on January 06, 2026 in Motorcycle Accidents

As of 2026, Illinois still follows an at-fault system for traffic accidents. This means you must show that the other driver caused the crash. You must also show that you were harmed as a result. Taking the right steps early can make your claim stronger.

After a serious motorcycle accident, it is normal to feel overwhelmed. Motorcycle riders are more exposed than people in passenger vehicles. This often leads to severe injuries and long recovery times. According to provisional Illinois Department of Transportation data reported in 2025, at least 44 motorcyclists lost their lives on Illinois roads in a single year.

If another driver caused your crash, Illinois law allows you to seek compensation through that driver’s insurance. A Chicago, IL motorcycle accident attorney can explain how the law applies to your situation.

What Evidence Is Needed for a Motorcycle Accident Claim in Illinois?

Illinois requires proof of fault. Because of this, evidence plays a central role in motorcycle accident claims. Common forms of helpful evidence include:

• Medical records from emergency care, follow-up visits, and specialists

• Medical bills showing the cost of treatment and future care

• Repair estimates or invoices for motorcycle damage

• Proof of lost income, such as pay stubs or employer statements

• Photos or videos of the crash scene, injuries, and road conditions

In many cases, witness statements are also helpful. Expert opinions from doctors or accident reconstruction professionals may be used as well. This evidence helps explain how the crash happened and why the injuries are serious.

How Does Illinois’s At-Fault System Affect Motorcycle Accident Claims?

Illinois’s at-fault system means the person who caused the accident is financially responsible. To recover compensation, you must show that the other driver acted negligently, meaning they failed to use reasonable care. You must also show that this failure caused your injuries.

Examples of negligence include distracted driving, failing to yield, speeding, or impaired driving. Ignoring traffic signals can also qualify. Once fault is established, you usually seek compensation through the at-fault driver’s insurance policy. If the insurance company refuses to pay a fair amount, a lawsuit may be filed in civil court.

What Damages Can You Recover After a Motorcycle Accident?

Damages are the losses you suffered because of the accident. Illinois allows injured motorcyclists to recover both economic and non-economic damages.

Economic damages are financial losses. They may include:

• Medical expenses, including future treatment

• Lost wages and reduced earning capacity

• Motorcycle repair or replacement costs

• Transportation expenses related to medical care

Non-economic damages cover personal losses. These include pain and suffering, emotional distress, and loss of enjoyment of life. According to 735 ILCS 5/2-1115.1, Illinois does not place a general cap on non-economic damages in most personal injury cases, including motorcycle accidents. However, you still need clear evidence to support your claim that you suffered these losses, such as medical records, testimony, or documentation showing how the injury affected your daily life.

What Happens if Fault Is Shared in an Illinois Motorcycle Crash?

Illinois follows a modified comparative negligence rule, under 735 ILCS 5/2-1116. Comparative negligence means fault can be shared between drivers.

If you are partly at fault, your compensation may be reduced. For example, if you are found 25 percent responsible, your recovery is reduced by 25 percent. If you are found more than 50 percent at fault, you cannot recover damages at all. Because of this rule, strong evidence is critical when fault is disputed.

What Mistakes Can Hurt a Motorcycle Accident Claim?

Certain actions can weaken a claim, even when the accident was not your fault. Common mistakes include:

• Waiting too long to seek medical treatment

• Failing to document injuries and expenses

• Posting about the accident on social media

• Giving recorded statements to insurance companies without legal guidance

• Accepting a quick settlement before fully understanding long-term implications and needs

Avoiding these mistakes helps protect the value of your claim.

Do You Need a Lawyer for a Motorcycle Accident Case?

Fault is often disputed in motorcycle accident cases. Insurance companies try to shift blame onto the rider or minimize how serious the injuries really are.

When our law firm gets involved, we investigate the crash and gather the evidence needed to show what actually happened. We also handle communication with insurance companies, so you do not have to. That gives you the space to focus on your recovery.

Statements made to insurance adjusters, gaps in medical treatment, or missing paperwork can all hurt a claim. Getting help early can prevent costly mistakes. Our role is to protect your interests at every stage of the case.

Schedule a Free Consultation With Our Chicago, IL Motorcycle Accident Attorneys

At Winters Salzetta O'Brien & Richardson, LLC, we help injured riders gather evidence and deal with insurance companies. Our firm was founded in 1997, and our attorneys bring diverse professional backgrounds and a unique approach to practicing law. That perspective helps us look at cases from multiple angles and tailor strategies to each client’s situation.

Call 312-236-6324 to schedule a free consultation with our Chicago, IL motorcycle accident lawyers today.