Are you looking for a St. Charles motorcycle accident lawyer to advise you regarding Illinois motorcycle laws and/or to provide you guidance regarding a recent accident?
There are a lot of good personal injury attorneys in St. Charles and throughout Kane County. We hope you will contact our firm the Chicago Legal Group. We have handled hundreds of motorcycle accident cases and we are an open book and are happy to provide riders free consultations.
Illinois Motorcycle Laws
Where do you find the motorcycle laws applicable to riders in Illinois? In the Illinois Vehicle Code. This ‘statute’ enacted over time by the Illinois legislature is where you can find most of the information you’re looking for. Unfortunately, because this website was created by the state of Illinois, it’s not very easy to use or to find the information you’re looking for.
The citation for the code is 625 ILCS 5. These are the laws that your motorcycle accident lawyers deal with on a daily basis. They’re the laws bikers should know.
The biggest issue that we see come up over and over again is bikers speeding. Technically speaking, as a St. Charles motorcycle accident attorney, we can tell you to slow down. But that’s b.s. in many circumstances.
What do we mean by this? Illinois is a comparative negligence state which means that a biker can recover for his or her damages even if they are partially at fault. The big issue that comes up in many motorcycle accident cases is how fast was the biker going?
If the motorcyclist was speeding, then that could theoretically diminish the amount of his recovery. However, there is a natural bias against bikers in the mind of the typical driver. They always think the motorcyclist was speeding. Or perhaps they heard you hit the gas and the engine roared making them think you were speeding when that is simply the natural sound a bike makes.
Therefore, it’s important to be aware of how fast you are going. One solution could be to wear a GoPro on your helmet. This has saved our clients many times to demonstrate they were following the rules when the accident happened. It’s also worked against our clients.
Illinois Motorcycle Accident Statute of Limitations
There is another statute that motorcycle lawyers deal with on a daily basis. It’s called a statute of limitations and it’s critical to bikers who get in an accident.
The law in Illinois is that a lawsuit must be filed within 2 years of the date of the accident:
“Sec. 13 202. Personal injury Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty . . . shall be commenced within 2 years next after the cause of action accrued . . .” 735 ILCS 5/13 202
Note that this is different for minors and also if the accident involved a governmental entity.
Whether you’re involved in an auto on motorcycle crash, you’re a minor, or you were involved in an accident with a government vehicle, contact your motorcycle accident lawyers immediately to obtain a consultation about the appropriate Illinois laws applicable to your case.
Illinois Wrongful Death Act
This is a bit of a dark of a subject but motorcyclists do account for a disproportionate amount of the accident fatalities in Illinois. When you’re dealing with a loved one’s ‘wrongful death,’ there is a separate statute/law in Illinois that deals with that. It’s the Illinois Wrongful Death Act.
We only bring it up because it provides instructions for how and who to pursue in the event of a wrongful death. God willing you’ll never have to use it.
The Judicial Center in St. Charles
If you live in Kane County you probably already know this, but if you’re involved in a motorcycle accident in Kane County, you will be filing your lawsuit at the Judicial Center in St. Charles. However, portions of St. Charles are located in DuPage County so be aware of which county your accident took place.
Despite having over 32,000 residents, the Judicial Center is very easy to access and get into. We’ve been to the center many times and never had a problem. The building can be found on IL-38 in St. Charles, IL. However, we strongly recommend you speak to a St. Charles Motorcycle accident lawyer before filing a lawsuit for damages for an accident.
If you would like to speak with us at the Chicago Legal Group, call us at 1-847-305-4105.