Motorcycle Accident Guidebook

Motorcycle
Accident Injury
Guidebook
A Roadmap for
Accident Victims to
Assist Them
With Their Financial
Recovery
BY ATTORNEY
Jonathan Rosenfeld
Motorcycle Accident Injury Guidebook
A Roadmap for Accident Victims
Table of Contents
Introduction: Why Motorcyclists Need and Deserve a Book That Helps Protect Their Rights . . . . . . . . . . . . 2
Illinois Motorcycle Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Motorcycle Safety Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Unsafe Maneuvers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Responsibility of Drivers to Motorcyclists Sharing Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Types and Causes of Motorcycle Accidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Defective Motorcycles and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Negligent Driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Hit and Run Drivers and Uninsured Motorists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Underinsured Motorists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Injured Motorcycle Passengers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Common Motorcycle Injuries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Traumatic Brain Injuries Related to Motorcycle Crashes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Fractures Related to Motorcycle Accidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Spinal Cord Injuries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Amputations From Motorcycle Crashes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Paralysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Lacerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Motorcycle Fatalities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Why Insured Motorcyclists Need and Deserve an Experienced Advocate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Our Results Realized for Injured Motorcyclists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
www.rosenfeldinjur ylawyers.com 1
Introduction:
Why Motorcyclists Need and
Deserve a Book That Helps
Protect Their Rights
During warm weather months, motorcycling can be a thrilling and enjoyable activity for many of the
motorcyclists who own bikes across Illinois. The limited amount of protection available for motorcyclists
combined with increased incidents of negligent driving throughout Chicago and its suburbs has placed
many people at risk of catastrophe, however. As a personal injury lawyer, it isnt just my goal to represent
the needs of those who have been injured, but also to help prevent such needless injuries and fatalities
from occurring in the first place.
I am Jonathan Rosenfeld, and I founded Rosenfeld Injury Lawyers so that anyone who has suffered
harm because of somebody else can have access to an attorney with experience and knowledge that
is directly relevant to his or her case. Motorcyclists are some of the most overlooked and disrespected
people on the road drivers often view them as a nuisance, do not notice them, or fail to give them the
space on the road that the law allows.
This is why it is so important that you are fully aware of your rights. While it is impossible to turn back
time and prevent your accident from occurring, it is possible to recover the compensation that you need
to pay for your medical bills, therapy and other incidental expenses stemming from the loss of income or
opportunity. Before you do anything that might put these rights at risk, you need to make sure that you
understand your options.
In this book, you will learn what laws apply to motorcyclists and other motorists concerning the
operation of motorcycles and sharing the road. I am then going to cover the common causes and types
of motorcycle accidents before providing information on the most common injuries that motorcyclists
suffer when involved in accidents.
I will wrap this book up by telling you what qualities you should look for when seeking an attorney and
why this is the most important decision you will make after youve been injured in an accident. It is my
hope that this book will answer many of the questions that you have regarding your rights so that we
can move forward more quickly if you choose to contact me for more information.
Illinois Motorcycle Laws
Having an understanding of all of the rules of the road that are applicable to motorcycle injuries and
accidents is important if you are seeking damages from an at-fault driver. Insurance companies will
undoubtedly go over your case with a fine toothed comb in order to find ways to shift the blame from
their clients to the motorcyclist. A qualified motorcycle injury attorney can review your case and notify
you of the possible angles that the defense is going to take and how to present your case most efficiently
so that you are able to collect the damages that are owed to you.
Insurance and Licensing
Illinois state law mandates certain procedures that all riders must follow in order to obtain a motorcycle
license and requires a license that is applicable to the type of motorcycle that is operated. Riders are
also required to own insurance coverage on their bikes in the event of an accident. Making sure that you
are insured and that your license is current and valid will prevent insurance companies from claiming
that your case is flawed due to having the wrong license or being uninsured which can come with a
heavy fine and license plate suspension.
According to Illinois Statute 815 ILCS 710/10.1 any vehicle that operates on three wheels or less is
considered by the State of Illinois to be a motorcycle. This includes scooters, mopeds and recreational
vehicles that can be operated on the road and have less than four wheels. Anyone who wishes to operate
a motorcycle must have a specific license to do so, and motorcycle licenses are divided into two groups.
The deciding factor between whether or not you will need an M class or L class license is the engine
displacement on your bike.
Both licenses cost $10 to obtain and $5 to renew and the same process is required for both licenses in
order to show that you are fit to operate a motorcycle. Much like when learning to drive a car, a learners
permit must first be obtained and the permitted motorcyclist will only be allowed to ride with an
experienced and licensed motorcyclist for a period of three months. During this period, the permitted
driver will also be required to attend a twenty hour course that is called the Illinois Department of
Transportation (IDOT) Motorcycle Rider Course. This course comes at no cost to the motorcyclist and if it
is completed successfully, the road test may be waived.
Riders who wish to obtain a motorcycle license will need to study both the Illinois Rules of the Road
and the Motorcycle Manual in order to learn all of the laws that need to be followed while riding a bike.
Students will also learn about motorcycle safety and how to take precautions in order to avoid being
in a motorcycle accident. The Motorcycle Manual will go over maneuvers as well as how and when to
execute them safely. If a Road Test is required, these same moves will need to be demonstrated in order
to pass the test.
The Road Test
If required to pass the road test, a motorcyclist will need to demonstrate that he or she can perform the
following functions.
Starting and stopping the engine
Making slow turns of varying difficulty
Making fast turns
Riding in traffic
Coming to safe stops
Following the rules of the road and all applicable laws while riding
Performing all functions safely with all of the proper precautions
Motorcycle Safety
Illinois has joined a number of other states in requiring a more extensive process for the licensing of
motorcyclists. Because of the higher number of motorcycle accidents in relation to accidents that occur
with other motor vehicles, the State of Illinois wants to place a greater amount of focus on motorcycle
safety and make certain that motorcyclists are trained properly before they hit the road. While there is
no current law in Illinois that requires riders to wear helmets, the benefits of wearing one are stressed
strongly throughout the Motorcycle Rider Course.
Riders who will be operating motorcycles with an engine displacement of under 150cc will receive a
class L license while those who operate bikes with a greater displacement will receive a class M license.
If a rider wishes to operate motorcycles in both classes, he or she must meet the licensing requirements
for each license.
The requirements for insurance vary from state to state, but in Illinois, all motorists are required to have
liability coverage in the amount of $20,000 in bodily harm per person injured and $40,000 per accident as
well as $15,000 of property damage coverage. In many cases, these minimums are not nearly sufficient
to cover the cost of an accident, but are better than having no coverage at all. Those who fail to purchase
insurance face harsh penalties and fines and could even lose their licenses. Motorcyclists must purchase
insurance for their bikes as well as any other vehicles they may own in order to protect themselves in the
event that they are involved in an auto or motorcycle accident.
Methods of Enforcement
When pulled over as part of any traffic stop, an officer will ask motorists for a license and proof of
financial responsibility, which is another term for insurance. Failure to provide such documentation can
result in the issuance of a $500 ticket that may be dropped if the person is able to show proof that he or
she was insured on that date to the court. Otherwise, the $500 fine will stand and the offenders plates
will be suspended until the fine is paid and the offender provides proof of insurance. A second offense
will constitute a $1,000 fine.
Another method of enforcement is the random mailing of questionnaires to the owners of registered
motor vehicles, motorcycles, mopeds, scooters or any type of recreational vehicle that can be found on
the road. These questionnaires ask the registered owners of randomly selected vehicles to verify that
they have insurance coverage and if the owners are unable to do so, their plates will be suspended until
proof of insurance can be provided.
Motorcycle Insurance
Even if a motorcyclist is currently insuring another motor vehicle, he or she must insure any motorcycle
that he or she intends to operate on public roads. Failure to do so is subject to the same penalties
and fines as those who are unable to provide proof of insurance for a car, truck or bus. Because of
the severity of the injuries that commonly occur during motorcycle accidents, it is advised that
motorcyclists purchase coverage well above the minimum state mandated requirements. It is also a
good idea to add uninsured and underinsured motorist coverage onto a regular insurance policy in order
to protect the cyclist from hit and run drivers, uninsured motorists and accidents that result in damages
greater than the at fault drivers coverage can pay for.
Insurance coverage is not only required by law, but it provides a safety net to motorcyclists against
numerous unforeseen events and allows them to supplement the insurance coverage of the other party
with their own if needed. If you are involved in a motorcycle accident and are seeking damages for your
injuries, it also helps greatly to be able to show the court that you were in full compliance with the law.
Remember, it isnt just smart to insure your motorcycle it is the law!
Motorcycle Safety Equipment
Each state has differing laws regarding what equipment a motorcyclist is required to wear while on
the road. In Illinois, helmets are not mandated, but eye protection is, in order to prevent accidents
that result from the rider getting debris in his or her eyes. If you failed to follow these laws during your
accident, the defense may use it as ammunition to take blame off of the at-fault driver. The defense may
even argue that your wounds would not have been as severe if you had followed the law and worn the
proper equipment.
Illinois is now one of only two states in the U.S that does not have some form of helmet law applicable to
motorcyclists. Twenty states require helmet usage for every person who rides a motorcycle and twenty-
seven states require helmets for riders under a certain age which varies from state to state. Even
though there is no helmet law in Illinois for the time being, bills have been brought up repeatedly over
the last several years to require helmet use in younger rider in a response to recent statistics that show
an increasing number of deaths due to motorcycle accidents.
House Bill HB0285
There is currently a measure working its way through the Illinois legislature that seeks to amend Illinois
statute 625 ILCS 5/11-1404 to include helmets as required protective gear for riders 26 years of age and
younger. The bill, which is sponsored by Rep. Mary E. Flowers, was first drafted in January of 2011 and
has needed to be resubmitted to the Rules Committee several times, with the last action taken on March
9 of this year. If the bill becomes law, Iowa will become the only remaining state in the U.S to have no law
regarding helmet use.
Helmet Statistics
In a study that recorded deaths from 1994 until 2010, it has been proven that helmets do save
motorcyclists lives in the event of a motorcycle accident. In 1994, 97% of deaths due to motorcycle
crashes involved a cyclist who was not wearing a helmet. Over the next 15 years, these numbers began
to fall only slightly, but advances in medical care have contributed to a decline to 91% in 2009. The
numbers in 2010 were skewed by a 15% unknown rate, but 80-85% of the deaths to motorcyclists are
estimated to have been related to a lack of helmet use.
Over the period of the study, the overall number of deaths declined steadily. The number of actual
accidents increased since 2007, however, and one eighth of the riders who were not wearing helmets
sustained injuries to the brain that had lifelong consequences. These injuries carry a total annual cost of
$2.3 billion currently and this number continues to rise.
Helmet Standards
Because there is no requirement in Illinois for riders to wear helmets, there are no manufacturing
standards in the state either. However, all helmets must still meet the requirements set out in the Federal
Motor Vehicle Safety Standard 218, which dictates the standards each manufacturer is required to meet.
For stricter standards, riders may refer to the Snell Foundation standards, which are more stringent than
the current federal standard.
Regardless of whether Illinois adopts a helmet law, any rider should consider regular use of a helmet in
order to prevent serious injuries to the head in a motorcycle accident. The statistics paint a staggering
difference between the survival chances of motorcyclists who wear helmets and those who do not and
even if a motorcyclist survives an accident, if he or she didnt wear a helmet, the chances of life changing
injuries to the brain are much greater.
Driver Liability
If a motorcyclist is involved in any accident that is not his or her fault, the at-fault driver will be liable for
the cost of hospitalization and recovery, regardless of whether or not a helmet is worn. Therefore, if you
have been in an accident, you may still pursue damages for the cost of your medical bills, lost wages and
pain and suffering. It is always advisable to wear a helmet in order to reduce the severity of injury, but
the use of a helmet has no bearing in any motorcycle injury case.
Eye Protection
Although it is legal in Illinois to ride a motorcycle without a helmet, eye protection is required.
Motorcyclists must ride with some form of eye protection that meets the requirements set forth in
statute 625 ILCS 5/11-1404. Eye protection not only protects riders in the event of a motorcycle accident,
but it is instrumental in preventing accidents. Many accidents can be caused if a piece of debris strikes a
motorcyclist in the eye, impairing his or her vision and creating a distraction that can lead to the loss of
control of his or her motorcycle.
Prescription Glasses and Sunglasses
If the motorcyclist wears glasses, his or her glasses may be used as eye protection if they meet the
proper criteria. The lenses must be shatterproof so as to not allow fragments of glass to enter the eye
upon impact. The glasses themselves cannot impair the riders vision sunglasses cannot be used at
night, for example. Finally, contact lenses do not qualify as acceptable eye protection and some other
form of protection must be used if riders wear contacts.
Protective Goggles
For those who wear contacts or do not wear

glasses, goggles may be worn as eye protection
as long as they meet the standards set forth
by the state. Goggles must not impair a
motorcyclists peripheral vision and must
protect both the front and side of the eyes.
Whether or not the goggles form a seal with
the face is immaterial so long as the other
requirements are met.
Mounted Windshield
Motorcycle riders do not require glasses or

goggles if their bikes have a windshield that
is higher than their eyes when seated in an
upright position. It is important, just as in the
case of protective goggles or glasses that the
windshield is made of shatterproof material.
This requirement is in place to keep shattered
glass out of the riders eyes in the event of
an accident and to reduce the likelihood of a
motorcycle injury to the face.
Helmet with Visor
Helmets do not automatically provide protection to the eyes unless they are fitted with a visor that
meets state standards to qualify as effective eye protection. The visor must protect the face down to the
tip of the nose and be made of shatter resistant material. Motorcyclists who purchase helmets with these
types of visors are able to meet the state standard for eye protection while also protecting themselves
from severe injuries to the face, head, neck and brain.
It is important to follow all of the safety laws set in place for motorcycles not only because of the
benefit to riders safety but because it is the law. If you are in a motorcycle accident, the at-fault drivers
insurance company will want to find any way possible to argue that their client was not at fault. By
following all of the applicable laws, you will minimize the severity of injuries you sustain in the event of
an accident and close any loopholes in your case that the defendant may try to use in order to question
your level of culpability.
Unsafe Maneuvers
Making risky decisions can make your case look less legitimate if the defense can use those decisions to
argue that you share responsibility for the accident. It is important to know the laws regarding practices
such as lane splitting as well as when you are given the right of way in an intersection. Drivers making
unsafe maneuvers such as making a left turn while a motorcycle was turning right from the opposite
direction must also be considered and reported in order to help your case.
Anytime that traffic is at a standstill on the freeway and a motorcycle, scooter or moped goes flying
between the cars that are stuck at a halt, the maneuver is referred to as lane splitting. This technique is
not only extremely annoying to other drivers but it is dangerous as well. Motorcycle accidents can occur
very easily if a car switches lanes or a driver opens his or her door while a motorcyclist is splitting lanes. If
none of this is reason enough to refrain from the practice, keep in mind that it is illegal.
Nuisance to Others on the Road
Lane splitting has received a lot of complaints from other drivers on the road who feel that those who go
zooming down the middle of two lanes in a traffic jam are disrespectful and reckless. Riders who have
driven between lanes have often been the victim of road rage or risked getting into an accident because
drivers have moved over in their lanes to narrow the space that the motorcyclist has to ride in. Most
importantly, however is that a typical complaint of cyclists is that they are not treated as if they have the
same rights as other motorists on the road who drive cars, trucks or buses. Many feel that to have those
rights means that motorcyclists should abide by the same rules as other motorists.
What the Law Says
According to Illinois statute 625 ILCS 5/11-703, anyone who is operating a two wheeled vehicle, such as
a scooter, moped or motorcycle may not pass two vehicles simultaneously one on the right and the
left. An exception is made on a three or four lane highway in which this can be accomplished by using an
entire lane. Violating this law may result in a Class A Misdemeanor if it doesnt result in an accident with
bodily harm. If it results in the harm of another person, it can be upgraded to a Class 3 Felony charge
that would carry with it jail time.
How it affects an Injury Lawsuit
In the event that a lawsuit is brought against a driver who cut off a motorcyclist or changed lanes in a
manner that caused the motorcycle accident, the defense will immediately look for ways to exonerate
its client. If the motorcyclist was in violation of the law, any claim for damages may be considered void,
and in some instances, a counter suit may even be filed against the rider if the driver of the motor vehicle
sustained an injury of his or her own. In order to both protect yourself both physically and legally, you
should refrain from the practice of lane splitting so that you cannot be held liable for any accident that
results from your decision to ride between lanes.
Responsibility of Drivers to
Motorcyclists Sharing Road
Motorcyclists are often treated differently than other motorists on the road because of the small size
of their bikes, the stigma that is attached to them of being reckless and annoying to drivers and other
reasons that vary by driver. However, motorcycles must be treated in the same manner that cars are on
the road and all of the traffic laws that apply to cars and trucks also apply to motorcycles, scooters and
mopeds. There are too many motorcycle accidents that are the result of a driver ignoring the rules of the
road simply because it was a motorcycle and therefore shouldnt have needed a full lane.
Unless the left turn lane is controlled by a traffic signal, drivers must approach left turns the same way
every single time they enter an intersection. Upon entering the intersection, the motorist needs to be in
the turning lane and as far over left as possible without interfering with oncoming traffic. He or she must
yield the right of way to all traffic that is oncoming. This includes vehicles that are making right turns
from the other direction.
Many motorcycle injuries are the result of a driver making a left turn as the motorcyclist is turning right
while traveling the opposite direction and in possession of the right of way. The at-fault driver in these
incidents is the driver who turned left and ignored the motorcyclists right of way. Even if the driver is
turning left onto a two lane road into the left lane, he or she must wait for the cyclist to finish the right
turn before making a turn into the left lane. Some drivers think that because the motorcycle is not
the same size as a regular vehicle that there is much more space available and end up clipping the
motorcyclist in the middle of the turn.
Yielding the Right of Way is the Law
Any motorcyclist who is hit by a vehicle turning left into an intersection while failing to yield the right of
way is protected by Illinois statute 625 ILCS 5/11-902. This statute details the method in which left turns
must be made and when the right of way is to be given. The only times that a driver turning left has the
right of way is when a traffic signal has turned and he or she may turn to clear the intersection or when
no other oncoming vehicle presents a danger. The person turning left always turns last, even if oncoming
traffic is turning.
In the event that a driver causes an accident with a motorcyclist by failing to yield the right of way, that
driver will be held liable for all of the damages that are incurred. These damages include the cost of
hospitalization, any related medical costs that are incurred by the victim for the motorcycle injuries, time
off work and pain and suffering. Most of these costs are covered by the responsible partys insurance
company, but insurance companies will often try to avoid payment if they feel they have a solid defense
against the plaintiff.
Statute of Limitations for Filing an Illinois

Motorcycle Accident Lawsuit
From the time of your accident, the clock begins to tick and you need to put your case together before
it is no longer legal to file a lawsuit. Statute of Limitations laws vary from state to state, but it is always
a good idea to begin working on your case as soon as possible so that you are able to file ahead of the
deadline and so that your attorney is able to fully investigate the details of your accident.
Regardless of the circumstances, if you have been injured in a motorcycle accident, you should retain
representation. Even if you were not following the law, an injury lawyer can argue on your behalf if the
cause of your accident was the result of actions of another person and not your failure to follow proper
procedure. Letting your attorney know both the favorable and unfavorable details will help him or her
put together your case and present it in the most effective way possible in order to achieve the goal of
collecting damages on your behalf.
Types and Causes of

Motorcycle Accidents
In a time when the number of motorcycle injuries and deaths are on the rise, it is always helpful to
take a look into the exact causes of motorcycle accidents in an effort to be better prepared. Thanks
to an in depth study conducted in 2009 across several countries throughout Europe, we have a better
understanding of the possible causes of accidents and how to avoid them. By keeping these things in
mind, we will be able to be much more mindful of our surroundings on the road so that we recognize a
possible problem before it is too late.
Cars, SUVs and Pickup Trucks
Accidents involving motorcyclists continue to occur most frequently when a four wheeled motor
vehicle is involved and the driver of the four wheeled vehicle is at fault more times than not. Many drivers
have a hard time seeing motorcycles and cause accidents by making maneuvers that either force the
rider to take avoidance measures or by taking actions that make actual contact. Motorcyclists wearing
dark clothes were less likely to be seen by motorists on the road and more likely to get hit.
Loss of Control Leading to Contact with the Ground
Riders in the study often lost control of their bikes and ended up contacting the pavement, causing
them to sustain broken bones, lacerations and injuries to the back and neck. Incidents like these came
in second behind negligent drivers as a contributing factor in motorcycle injuries. To be fair, however,
many of these incidents occurred while the rider was attempting to avoid another vehicle to no avail
resulting in impact with the ground.
Sudden Stops
Coming as a surprise to many peoples, speed was less of a factor than anticipated 70% of the
accidents in the study happened while the motorcyclist was traveling less than 30 miles per hour.
Sudden stops contributed to many more accidents and the sudden change of momentum often threw
the rider from his or her bike. It is suggested that it may be more beneficial for a rider to attempt to avoid
an accident by letting up on the throttle and attempting to move around the car or object than to try
coming to a quick halt.
Youth as a Factor in Accidents
In Europe, younger motorcyclists were involved in far more accidents than those who were older but
the data has almost trended in the opposite direction here in the United States. Middle aged riders are
involved in an increasing number of accidents and the data has some people baffled as to why older
drivers appear more accident prone. Some people suggest that the recent surge in the number of older
riders has polluted the data and that age really isnt a factor in the increase of accidents involving more
experienced motorcyclists.
Hidden Obstacles
Whether it is due to glare from riding into the sun or obstacles that blend in with the surroundings, many
accidents were due to riders simply not seeing the object that they collided with until it was too late to
make an attempt to avoid it. In the same manner, some motorcyclists blended into the surroundings
and were not seen by drivers for the same reasons. Those who wore bright clothing were much more
likely to be seen.
It is with great hope that by knowing the common causes of motorcycle accidents that we will be able
to pay more attention and avoid them. Since the study was performed in Europe, 90% of the drivers
who were in accidents that were studied were wearing helmets. The mortality rate was extremely low
as a result and researchers were surprised at just how effective protective equipment was in preventing
serious injuries during accidents. Perhaps we can take a page out of Europes book.
Defective Motorcycles and Equipment
No vehicle should be sold to a consumer if it is not safe, but unfortunately, many defective vehicles
do slips through the cracks and wind up in the hands of unsuspecting operators. The same is true of
equipment that is changed on a routine basis. We always expect that the tires we are getting are safe
and that the parts switched out during a tune up are safe and reliable. Whenever a motorcycle accident
occurs due to defective equipment, the manufacturer and installer of that equipment both bear
responsibility for allowing an unsafe piece of equipment to make it onto the road.
Tire Blowouts
Accidents due to defective tires are the most common type of accident that occurs because of defective
equipment. The rupture of a tire makes it extremely hard for a motorcyclist to maintain control of his
or her bike, often resulting in an accident as the cyclist attempts to bring the scooter, moped or other
two wheeled vehicle to a halt. In the event that a motorcyclist loses control of his or her bike due to
mechanical or equipment failures, a case may be pursued against the manufacturer or even the dealer
or repair center that installed the defective part.
Other Common Equipment Failures
While tire blowouts are the most common cause of motorcycle injury due to defective parts, other
equipment may fail to meet federal safety standards and could fail at any moment. The rear wheels,
brakes, shock absorbers and chain may all be causes for concern if the equipment is defective and could
easily contribute to an accident. Federal law mandates that any manufacturer who discovers a defect
in any equipment must issue a recall and notify the owners of the vehicles affected so that they may
replace the defective part at no cost to the consumer.
Applicable Law
Title 49, Chapter 301, Section 30101 (a) (8) of the United States Code of Motor Vehicle Safety outlines
the definitions of defective equipment and the procedure that must be taken to remedy known defects
in motor vehicles. A defective piece of equipment is any part that may cause an unreasonable risk of
injury or death to the operator or anyone who comes in contact with the vehicle, whether it is moving
or parked. The National Highway Traffic Safety Administration (NHTSA) is responsible for reporting all
known defects and recalls and consumers may check with the NHTSA to see if there are any recalls on
their own vehicles or equipment.
By law, the manufacturer must notify anyone who owns the product of a recall due to defective
equipment, but the manufacturer may fail to issue a recall in time or properly inform consumers of a
defect. If this happens, the manufacturer is fully liable for any injuries or loss of life associated with the
defective parts and could have cases brought against it in court. The inconvenience and cost of notifying
customers and repairing all of the defective vehicles in a product line are far outweighed by the cost of
medical care to those injured by the product and the value of life that may be lost in accidents.
Negligent Driving
When we hear about reckless or negligent drivers, we often assume that the drivers being referred to
committed willful acts that resulted in harm or injury to another person. Acts of negligence are not
always committed on purpose and many drivers may not be paying attention to their actions and
the possible consequences that may result from them. Many motorcycle accidents are the fault of a
driver who failed to check a blind spot, rode too close to the motorcycle or simply failed to look when
changing lanes or making a turn.
Distractions
Illinois law is very clear in regard to drivers who operate vehicles while distracted or drowsy. There
has been a crackdown recently on drivers who send text messages while driving, but the definition of
distracted driving may also include being involved in a highly engaging phone call while driving, eating
and driving at the same time or arguing with a passenger. It is in these moments that it is easy for the
driver to fail to look for someone on a moped, scooter or other two wheeled vehicle and an accident
may result from failure to pay attention to the road or making a lane change without giving the cyclist
enough room. If a distracted driver is involved in an accident, that driver is liable for damages, including
the cost of hospitalization and medical care.
Aggressive Driving
Many acts of negligence are the result of impatience and aggression on the road. The acts that follow not
only increase the risk of an accident, but may cause incidents of road rage when both parties escalate
the aggressive behavior.
Following a vehicle too closely
Honking the horn repeatedly
Yelling and/or using obscene hand gestures
The repeated flashing of ones headlights, which may distract the other driver and cause an
accident
Coming to a sudden and quick stop in front of someone who is following too closely
Too many accidents are the result of drivers cutting off motorcyclists, riding too closely or slamming
the brakes in order to scare or intimidate the cyclist. Most of these acts are not done with the intent to
cause an accident, but are intended to make a point to the other person on the road. Teaching a lesson
using a motor vehicle is reckless and ignorant, however and anyone who causes an accident by driving
aggressively will be held liable for any damage done to the others property and any costs for emergency
care and recovery.
Accidents at Night
If a driver fails to pay enough attention to his or her blind spots or does not see a motorcyclist in an
adjacent lane, the driver could cause an accident that he or she will be liable for. In this case, the
negligence was not the result of an intentional act, but if a driver causes an accident by failing to see
the motorcyclist, he or she is still at fault. Some accidents can be prevented if cyclists wear reflective
clothing and avoid dark colors in order to increase their chances of being seen at night. It is still the duty
of the driver to see the motorcyclist, however, and not the motorcyclists duty to be seen.
Hit and Run Drivers and

Uninsured Motorists
Hit and run driving is a growing problem not only in Chicago, but across the country as well. Four
people are killed by a hit and run driver each day and over 100,000 people suffer injuries in a hit and
run accident. Motorcycle accidents involving hit and run drivers leave the victim feeling hopeless and
devastated financially but an experienced motorcycle injury lawyer can explain how it is possible to still
recover damages for medical bills, lost wages and pain and suffering from the clients own insurance
company.
What to do When Involved in a Hit and Run Accident
It is important to try and remember as many details as you can during an accident to increase the
chance that authorities will find and apprehend the driver responsible. Police forces are getting much
more efficient at locating hit and run drivers and bringing them to justice. Once caught, a hit and run
driver will face criminal charges and will be liable for all of the damages related to the accident that he or
she was involved in. In the event that police are unable to locate the driver responsible for your accident,
you may still be able to recover damages.
If you speak with a seasoned motorcycle attorney, you will be informed of the steps that must be taken
in order to file a claim on your own insurance to collect damages for a hit and run related injury. Most
insurance policies address coverage in the event of an uninsured motorist and hit and run driver, so you
may still be able to receive money to pay for your medical expenses, time off of work and recovery.
Alarming Statistics
Many hit and run drivers flee the scene of the accident so that they will not be caught without insurance.
Uninsured drivers make up over 16% of those on the road and 14% of traffic accidents involve an
uninsured driver. Over $860 million in tickets have been issued countrywide over the last year against
uninsured motorists (here is a link to our Uninsured Motorist FAQs). The most common reasons that
motorists have for not insuring their vehicles are that the vehicle is older than fifteen years or they have a
low income. 40% of the cars on the road that are older than fifteen years old are not insured and 32% of
those on the road who make less than $20,000 a year are driving uninsured.
The glimmer of hope for anyone riding a

scooter, moped or motorcycle who is involved
in an accident with either a hit and run driver
or uninsured motorist is that there is still a case
and damages can be recovered. Insurance
companies will make every attempt to avoid
payment or to limit the amount that is paid
out. With the assistance of a knowledgeable
injury lawyer, however, you can maximize your
recovery so that you will be able to afford your
medical care and related expenses.
Underinsured Motorists
Almost one in four motorists on the road today does not carry enough coverage to be able to pay for the
costs incurred if they are involved in an accident with a motorcyclist. The limited protection afforded to
those on scooters, bikes and mopeds is not enough to protect them from severe injuries sustained in a
motorcycle accident. If you are involved in an accident with an underinsured motorist, an experienced
motorcycle injury lawyer may still be able to recover damages on your behalf from the responsible
partys insurance as well as your own.
Underinsured Motorist Coverage
Illinois law requires that all drivers have auto insurance with a mandated minimum coverage limit of
$20,000. Unfortunately, the state minimum almost always fails to cover the entire cost of a hospital stay,
continued medical care and pay lost from time off of work. For this reason, your own insurance company
could be made to pick up some of the burden if the at fault drivers insurance doesnt cover all of your
costs.
Many insurance companies offer uninsured and underinsured coverage, either as part of an insurance
plan or in addition to regular coverage. Before you find yourself in an unfortunate position, check with
your insurance company to see if you are in fact covered in accidents involving both uninsured and
underinsured motorists. This coverage is well worth the small cost that may be associated with it and
might make your case much easier to argue later on in the event that you need to make a claim against
your insurance because the responsible party lacked sufficient coverage.
Most major policies cover uninsured drivers and underinsured driver cases are handled in the same
manner that uninsured driver cases are. After receiving a claim from the other persons insurance, you
may deduct what you received from the total cost of your damages and then submit the adjusted total
as a claim against your own insurance. Understand, however, that sometimes it can be an uphill battle
to work with two insurance companies rather than one. Both companies will do whatever it takes to pay
as little as possible and to find ways out of paying the full amount.
Legal Representation
Having an advocate will reduce the amount of

legwork that you need to do in order to work
with both insurance companies. An experienced
injury attorney who has worked on cases
involving a person being hit by a vehicle while
riding a bike, moped or scooter will be able to
find ways to present your case to an insurance
company that will maximize your claim. In the
event that the matter needs to go to court,
your advocate can argue your case and fight on
your behalf in order to ensure that you are not
awarded less than the worth of your damages.
Injured Motorcycle Passengers
When we think of motorcycle injuries, our first thoughts are of injuries to the motorcyclist as a result of a
negligent driver. While it is true that most motorcycle accidents are not the motorcyclists fault, negligent
motorcyclists are on the road and their actions often affect any passengers that may be on their bikes at
the time of an accident. If the motorcyclist is at fault for the accident, he or she is liable to cover the
expense of medical care for his or her passenger.
What is Negligence?
People interpret negligence in many ways, but what defines a negligent act is whether or not the
person who committed the act made proper steps to avoid repercussions. Intent is not a factor when
defining negligence and therefore, a person who did not willfully harm another person can be as guilty
of negligence as someone who knowingly failed to take the necessary steps to prevent harm to another
person. Many negligent motorcyclists have no intention of harming their passengers and often cause
accidents through ill-advised showboating in attempts to impress other people. Regardless of the cause
of the injury to his or her passenger, if a cyclist is at fault for an accident then he or she will be liable for
damages.
The Role of Insurance

Many passengers who have been injured in a motorcycle accident have some form of close relationship
with the operator of the motorcycle. These relationships may dissuade the injured passenger from
pursuing a case, but those who do not pursue a case are normally not aware of how the financial
responsibility for the accident is distributed. If the motorcyclist has insurance, his or her insurance will
cover the brunt of the costs up to the limits of the persons coverage. Oftentimes, if this is not enough,
the passenger may also file a claim against his or her own insurance to cover the difference.
Nobody should feel guilty about filing a claim against someone they know if that person is responsible
for his or her injuries. The role of insurance is to cover the expenses of such unforeseen incidents and a
claim should be made when it is required. Because motorcyclists are responsible for protecting their
passengers, they should have sufficient insurance coverage in order to pay for any damages that may
result from an act of negligence.
Prevention of
Motorcycle Crashes
Motorcycles are fun to operate and ride on,

but they are powerful and dangerous vehicles.
Do not ride with a cyclist who is known for his
or her recklessness and aggressive stunts on
the road. If you have auto insurance, make
sure that it has underinsured drivers coverage,
because in the event that you are injured while
riding on a motorcycle, this coverage may pay
the difference between what the motorcyclists
insurance covers and the full extent of the
damages. Taking these two precautions will
reduce the risk of you being involved in an
accident while riding on a motorcycle and will
also cover you in the event that you do happen
to become injured.
Common Motorcycle Injuries
Two wheeled vehicles are becoming increasingly more popular and we are seeing more motorcycles,
scooters, mopeds and other motorized bikes on the road than we have ever seen before. With the rise in
popularity of motorcycles has also come a rise in the number of accidents involving motorcyclists. More
often than not, these accidents are the result of a driver failing to see the person on the bike or failing to
give the cyclist enough room on the road.
Injuries to the lower extremities are the most common type of injury associated with motorcycle
accidents, but injuries to the head and neck come in second, with 22% of motorcycle accidents resulting
in some form of trauma to the head or neck. These injuries can result in traumatic brain injuries and
injuries to the spine that can cause temporary or permanent paralysis. Injuries to the brain can range
from concussions to damage that will permanently affect the victims motor skills, ability to concentrate,
memory and speech. In many cases, the person on the bike will never fully recover from his or her
injuries and the medical costs that come with continued care can be extreme.
Injuries that result in deep cuts or lacerations can also come with a great financial burden. When
muscles and nerves are severed in an accident, it makes the recovery process long and painful. The
resulting bills for initial care and physical therapy can easily break the bank. The same is true of injuries
that result in fractures that require surgery in order to allow the broken bones to heal properly. In many
cases, these surgeries may require the insertion of medical devices either internally or externally in
order to make corrections to the placement of the bone and such procedures can be both painful and
expensive.
Because of the sheer force of impact at high speeds and the limited protection that is afforded a
rider, injuries may also result in infections, amputations and even death. While injuries to the lower
extremities and to the head and neck occur more frequently than injuries to the arms or hands, such
injuries are more likely to result in amputation than injuries below the waist. Not only is the cost for
treatment high but the life changing consequences of the accident need to be taken into consideration
in an injury case.
A motorist does not need to make physical contact between his or her vehicle and a motorcycle in
order to be liable for an accident. If the motorist cut the cyclist off or took an action that caused injury
to the person on the bike as a result of an evasive maneuver in an attempt to avoid an accident, that
motorist is still at fault. If the person at fault is insured, his or her insurance should cover the cost of
hospitalization and any care that is required for recovery.
The age of the injured person should be taken into account as well, due to the fact that many motorcycle
accidents involve persons that are younger. The highest rates of injury and death are among those in the
age range of 20-24 followed by those who are between 25-29 years of age. Injuries that require care for
the rest of the injured persons life are especially expensive and require compensation from the liable
party.
Considering all of these costs, an experienced motorcycle injury lawyer should be able to determine
if your costs will be met through the liable partys car insurance and your own health insurance. In the
event that these costs cannot be met through insurance, it may be determined that it is appropriate to
proceed with a lawsuit.
Traumatic Brain Injuries Related

to Motorcycle Crashes
Of the nearly two million head injuries that occur each year, it is estimated that around 28% of reported
head injuries occur during motor vehicle accidents. Motorcyclists are not as protected on a bike as
a driver or passenger in a car and these injuries can leave the victim with life changing injuries. The
pain and suffering and financial burden that accompany these injuries need to be considered in any
motorcycle injury case. It may take a lifetime of therapy and medical expenses to fully recover from
trauma to the head, if the victim ever fully recovers at all.
The Damage Done to the Brain in an Accident
In most motor vehicle accidents, the body comes to a sudden halt and the brain continues to move do
to forward momentum. After hitting the front of the skull, the brain may then rebound and hit the back
of the skull, causing both the front and back of the brain to swell. These injuries can affect a persons
ability to speak, concentrate, remember things or perform normal motor functions, such as walking. If
the victim is on a scooter, moped or motorcycle, and is thrown from the vehicle onto the ground, the
resulting trauma to the brain can be much more severe due to a direct impact to the skull.
Doctors will first look for signs of a concussion, which is the most common traumatic brain injury that
occurs from a direct impact to the head. The effects of a concussion may be short lived, or may cause
complications that last a lifetime depending on how quickly the concussion is discovered, the damage
done and how soon it is treated. Other common brain injuries that result from motorcycle injuries are a
fractured skull or subdural hematoma, which occurs when an important vein in the brain is unable to
remove blood from the cerebral cortex and swelling that results causes massive injury or death.
Treatment Options and Costs
The annual cost of traumatic brain injuries in the United States totals over $48 billion. This means that
traumatic injuries that result from motorcycle accidents contribute an estimated annual cost of $13
billion. The cost of a severe injury to the head might cost a person up to $4 million in his or her lifetime.
These costs include the initial scans to detect the injury and the therapy and procedures that may be
required in order to treat it.
Once damage is done to the brain, it cannot be reversed, so the first step of treatment is to minimize the
amount of damage that is done before it gets out of hand. Once doctors detect a traumatic brain injury,
they will make every effort to stop the bleeding, swelling and tearing in the brain that leads to lifelong
impairment. After the patient has been stabilized, an evaluation needs to be performed in order to
determine the extent of the damage. Victims of a brain injury may suffer from impaired memory, speech,
motor skills, behavioral changes or more serious symptoms such as seizures.
Recovery
Many therapies may be used in order to attempt to restore the patient to full cognitive function, or at the
least, to try to allow the person to live as comfortable and independent a life as possible. These include
physical therapy, speech therapy, occupational therapy and counseling. Treatment may be required for
years, or even a lifetime.
For further discussion of legal options for people with brain injuries sustained in an accident, look at our
Brain Injury FAQs.
Fractures Related to
Motorcycle Accidents
Accidents involving a motor vehicle and anyone operating a two wheeled vehicle such as a scooter,
moped or bike can send the motorcyclist off his or her bike or pin the person between objects such as
the vehicle and the ground. The amount of force displaced in these types of accidents will undoubtedly
cause fractures and the treatment required for the broken or shattered bone can vary depending on the
severity of the fracture. If a surgical procedure is required, medical bills can mount very quickly and in
many cases, physical therapy is required as part of the recovery process.
Types of Fractures
The two main types of fractures are simple and compound and the classification depends on whether
the bone stayed in its natural position upon fracturing or if it moved. When the bone pierces the skin
from being moved, it is a compound fracture and presents numerous complications that often require
surgical intervention. The primary concern that doctors have about compound fractures is that the
bone and surrounding tissue can become infected, and quick treatment is required to prevent or treat
infections that are associated with the injury.
Some fractures are classified as displaced another term to describe a bone that has broken in a
manner that has taken it out of its natural alignment. Displaced fractures include incidents where the
bone has moved in the same manner that creates a compound fracture without actually piercing the
skin or events in where the bone is shattered or fragments have broken off. Displaced fractures almost
always require some form of surgical intervention and are extremely common in motorcycle accidents.
Treatment and Recovery
In the event that a bone can be set in place without surgical intervention, conventional means are
usually used in order to keep the bone in place while it heals, such as a sling or a cast. Surgery is almost
always required if the bone has punctured skin because doctors do not want to take any chances. Most
displaced fractures will require surgery of some sort as well. Pins, plates or screws may be used to fix the
bone into place and in some cases; the screws or plates will never be removed.
In some instances, bone grafting may be required, which is the process of taking bone matter from
another area of the body and using it to help hold the fractured bone into place and speed the recovery
along. While pins, plates, screws and rods may be used internally to fix the bone in place, some injuries
may require external devices that are surgically attached to the bone and can be adjusted in order to
realign the bone as it heals in order to ensure proper recovery. Once the bone has healed properly,
physical therapy may be required in order to restore the physical function the patient had prior to the
accident.
80% of motorcycle accidents involving a motorcyclist and another motor vehicle result in injuries to the
cyclist. The most common injuries are to the legs, ankles and feet and fractures are extremely common.
Due to the force involved, these injuries often require expensive surgery and a long recovery process.
If you have been involved in a motorcycle accident, you will need to retain an experienced motorcycle
attorney who understands both the toll that has been taken on your body and the financial burden that
will be placed on you during your recovery.
Spinal Cord Injuries
Unlike injuries to bone, ligaments or skin tissue, injuries to the spinal cord are permanent due to the
inability of the spine to heal after sustaining damage. The permanence of spinal cord injuries is what
makes them so serious and is why anyone whose spine is injured in a motorcycle accident will need to
live with the consequences for the rest of his or her life. Speaking with an experienced injury lawyer will
allow you to understand your rights and the damages that may be owed to you so that you can afford to
live as comfortable a life as possible after your accident.
Types of Spinal Cord Injury
Spinal cord injuries usually fall into one of two categories complete and incomplete. Complete
spinal cord injury results in paralysis from the point of the injury downward and those who suffer from
a complete injury will not have the ability to move or feel beyond the point of injury. Incomplete spinal
cord injuries allow the person to continue to feel and move, but movement range and amount of feeling
may be affected. In most cases, both sides of the body are affected equally, but in some cases, one side
may function with more impairment than the other.
Danger to Motorcyclists
Nearly half of all injuries to the spine in the United States are the result of motor vehicle accidents and
the majority of those who sustain spinal cord injuries are those on vehicles that offer limited protection,
such as a motorcycle or scooter. Injuries may occur to the neck or the back and while helmets offer
limited protection to the head and neck, the back is often without any protection at all. If a motorcyclist
involved in an accident sustains trauma to the neck or back with the amount of force and speed that is
common in motor vehicle accidents, the risk of some form of damage to the spine is high.
A Painful Recovery
Once an injury to the spine is suspected, doctors will take whatever means necessary in order to stabilize
the spine and prevent any further damage. Because movement could cause more damage, the patient
will normally be fitted with devices that are designed specifically to inhibit his or her ability to move.
Doctors might prescribe steroidal medications in order to reduce the swelling to the area and they will
evaluate whether or not surgery is required. Trauma to the spine weakens the spines ability to support
the weight of a persons body and because the spine is incapable of healing, screws, rods and plates may
be inserted through surgical means in order to protect and reinforce the injured area.
Both during treatment and recovery, many

complications may arise that include loss of
bowel control, chronic pain, bedsores due to
being in the same position for extended periods
of time and depression as the patient copes
with his or her situation. After going through
surgery in order to fortify the area of the spine
that suffered trauma, the patient will then need
to go through physical therapy in order to get
his or her previous function back. In some cases,
no amount of therapy can fully restore function
and the patient may require devices to assist in
everyday tasks.
For more information on spinal cord injury visit

our FAQ section here.
Amputations From
Motorcycle Crashes
While every effort is made to prevent an amputation, many motorcycle injuries are so severe that
the resulting complications may require the loss of a limb in order to save the patient. About 22% of
amputations are performed after a person has sustained severe trauma, such as in a motor vehicle
accident or while working in an industrial setting. The majority of trauma related amputations are
performed on motorcyclists injured in an accident. The loss of a limb has life altering consequences
and the medical costs for continued care can be sumptuous which is why it is important to retain an
attorney who has experience collecting damages in motorcycle injury cases.
Infections and Gangrene
Any time an injury pierces the skin, such as in a compound fracture, the affected area may become
infected. Doctors will make every possible effort to both prevent and treat infections to tissue, bone
and the blood that result from open wounds, but in some cases, powerful drug resistant bacteria may
find its way into the wound. If the infection cannot be controlled, doctors will make the tough decision
to amputate the limb in order to prevent the infection from spreading into the patients major organs,
where it can lead to sepsis and death.
Gangrene is the result of poor circulation that ultimately causes the affected area to experience massive
tissue loss. Trauma may cause gangrene as a result of cutting off blood flow to an area or an area may be
deprived of blood due to extensive damage to major blood vessels in or near the area. If too much tissue
is lost as a result of gangrene, amputation may be the only treatment option in order to prevent the
spread of the gangrene or a deep infection that may accompany the tissue loss.
Extensive Trauma
Some amputations are the result of an injury

that is so severe that the limb simply cannot
be saved. In some instances, the limb may be
lost during the accident. If the damage is too
severe, doctors may make the call to amputate
it rather than to try to save the limb and leave
the patient with a disfigured limb for the rest
of his or her life. It could be more beneficial to
amputate and investigate the possibility of a
prosthetic at that point if such an option is more
realistic.
The majority of amputations that occur as a

result of accidents involving vehicles such as
mopeds or bikes are to the upper limbs, rather
than the legs and feet. Removal of a hand or
arm accounts for about 68% of amputations related to motorcycle accidents. Anytime somebody loses a
limb, it changes his or her life forever and recovery is a lifelong process, both physically and emotionally.
Financial Burden
The average medical cost of an amputation is around $91,000 with lifetime medical costs for ongoing
care amounting to an average of nearly $510,000. In addition to the pain and suffering caused by the loss
of a limb, the financial burden can be crippling to most people. Most people do not plan to be involved
in an accident and the medical costs can easily break the bank.
For further discussion of amputations in motorcycle accidents, look at our Amputation Accident FAQs.
Paralysis
Head and back injuries are extremely common in accidents involving two wheeled scooters, mopeds
or motorcycles. The severity of these injuries may lead to temporary or permanent paralysis and the
physical and financial toll of such injuries is extreme. Anyone involved in an accident which results in
the ability to move one or more limbs should consult with an experienced injury attorney to review the
details of the case, determine the financial burden and discuss the chances of recovering damages.
Paralysis is life changing and the resulting pain and suffering must be taken into account as well.
Types of Paralysis
A complete spinal cord injury is one that results in paralysis below the area of the injury, which is referred
to as the lesion in the spine. Incomplete spinal cord injuries are those which result in partial paralysis or
temporary paralysis. The four areas of the spine that are most often involved in injuries are the cervical,
thoracic, lumbar and sacral areas. Injuries to the cervical area lead to paralysis from the neck down and
may even make it hard for the patient to breath or clear his or her lungs.
When a patient is paralyzed from the neck down, it is referred to as quadriplegia or tetraplegia and all
other injuries that cause paralysis are defined as paraplegia. Paraplegic patients are able to move their
arms but may not have the ability to feel or move one or both legs. The extent of the affected area is
relative to where the lesion is on the spine. Many paraplegics are able to adapt to life in a wheelchair
while quadriplegics may require constant care for the rest of their lives.
Partial or Temporary Paralysis
If the injury to the spine is an incomplete spinal injury, the paralyzed area may be limited to one side
or the patient may have a limited range of motion. In some injuries to the lumbar or sacral areas of the
spine, a condition may develop called Cauda Equina Syndrome. There is a concentration of nerves at
the base of the spine that is called the cauda equina, and when this bundle of nerves is injured, it causes
paralysis from that area down. However, unlike in most injuries to the spinal cord, these nerves may
actually be able to heal, leading to restored function later on in life.
The Cost of Care
Medical bills resulting from initial treatment and ongoing treatment related to spinal cord injuries can
be staggering. The costs vary depending on the extent of the injury, but the typical paraplegic may
be required to pay $480,000 the first year followed by an annual cost of $63,000. Tetraplegia costs are
significantly higher with an average initial cost of $985,000 for high tetraplegia and $712,000 for low
tetraplegia. Annual healthcare cost for those with tetraplegia may fall into the range of $105,000 to
$171,000 depending on the severity of the injury.
Even those with partial or temporary paralysis may carry burdensome costs. The average yearly cost
for those with minor paralysis is almost $40,000. The lifetime cost for someone who suffered from any
form of spinal cord injury that affects the ability to move can range between $1 million to $4.3 million,
depending on the age of the victim at the time of the accident.
Lacerations
Due to the limited amount of protection that is afforded anyone who is riding a scooter, motorcycle
or moped, it is not uncommon for cyclists to receive lacerations during an accident. Contact with the
ground, another vehicle or debris can pierce the skin and result in lacerations that are as minor as
scratches and scrapes or in severe lacerations that pose a more serious threat. As with any open wound,
infections are a major concern when dealing with lacerations and damage to tendons and nerves can
cause additional complications.
The Causes of Severe Lacerations
Most cuts sustained in injuries amount to minor scrapes or flesh wounds that can be taken care of
with a good cleaning and some stitches. Deeper cuts require more care because of the possibility of
an infection in deep tissue that can spread quickly to the blood or organs and complications that arise
from the severing of major nerves or blood vessels. Common causes of deep lacerations in motorcycle
accidents are as follows.
Intense blunt trauma caused when hitting the ground or another object
Being dragged along the ground
Compound fractures that create lacerations where the bone exits the skin
A foreign object piercing the skin
Contact with debris from the accident
Possible Complications
The most common concern that doctors have regarding deep cuts after stopping the bleeding is the
chance of infection. Especially in incidents where the cut was caused by a foreign object or where the cut
had exposure to dirt, glass or other debris, the chance of bacteria entering the wound is greater due to
contact with matter that is known to carry it. Tetanus also poses a risk in any patient who has had been
in contact with the ground and has not received a tetanus booster within five years.
Lacerations can sever tendons and nerves, causing the loss of motor function to the area. A severed
ligament or tendon may require surgery in order to allow the muscle to heal properly and recovery from
an injury to a tendon can take a long time and be extremely painful. If a nerve is severed, feeling to the
area may be lost forever and the range of movement of the affected area may be limited depending on
the severity of the injury.
Treatment Options
Depending on the type of cut and its severity, doctors may treat the injury in a number of ways. Some of
the possible treatments include any combination of the following.
Cleaning of the wound and protective measures against infection such as antibiotic creams
Stitches to close the wound and prevent outside material from entering
Surgery to repair tissue, ligaments or tendons
Skin grafting to repair deep gashes that are missing tissue
Microsurgery to restore movement and feeling
Laser surgery to remove or reduce the look of scars
It can take a long time to recover from a motorcycle injury even if the motorcyclist has not suffered
from any fractures or head trauma. Deep lacerations that affect muscle tissue may take months to fully
recover from. There is also a lot of pain involved in the recovery and sometimes the affected area is never
the same.
Motorcycle Fatalities
Over the last few years, highway safety advocates have enjoyed major victories in the quest to reduce
the number of auto accident related deaths that occur on our roads. However, the news has been
bittersweet due to the rise in motorcycle fatalities over the same period of time. The stark difference in
the direction of the death rate from motorcycle accidents when compared to all other auto accidents is
concerning. Some states have addressed the issue of motorcycle safety more efficiently than others, but
overall, the increasing rate of mortality is concerning citizens and lawmakers across the country.
Some States Have Shown Improvement
Twenty-three states have shown an improvement over the last year in the area of mortality related to
motorcycle accidents. More states have passed laws in recent years requiring the use of helmets either
for all riders or those who are under a certain age. These laws combined with better education of riders
on how to prevent accidents may be contributing factors to the decline of mortality in these states.
Other States Have Backtracked
Twenty-six states have reported higher mortality rates over 2011 than in 2010 and the difference in the
mortality rates in those states has negated all of the progress that the twenty-three states that showed
improvement have made. The decline in death rates in motor accidents involving cars, trucks and
buses has been attributed mainly to advances in safety features that automakers have implemented.
Motorcycles afford the rider minimal protection and the nature of two wheeled vehicles such as scooters,
mopeds and other two or three wheeled vehicles makes it extremely difficult to alter the product itself in
order to make it safer.
Contributing Factors to Motorcycle Mortality Rates
Experts believe that the three main contributing factors to the higher death rates are the consumption of
alcohol, excessive speed and the lack of helmet usage. In most motorcycle accidents, the motorcyclist
is not at fault, but even at low speeds, an accident can inflict serious injuries to the head, face or neck
or fracture and shatter bone which may require surgery to treat properly. Helmets greatly reduce the
mortality rate, but many riders refuse to wear them even when the state mandates helmet usage.
The use of helmets would have saved 822 lives in 2008 and helmet law continues to be a divisive subject
among lawmakers and citizens. Many of the states that passed laws requiring helmet laws saw backlash
for such legislation and needed to repeal their laws and replace them with similar laws that required the
use of a helmet until a certain age. Requiring all riders to wear helmets regardless of their age may lead
to an improvement in mortality rate, but most people appear unwelcoming to the idea.
Are There More Motorcyclists on the Road?
Some critics believe that the rise in motorcycle deaths is skewed by an increase in the number of
motorcyclists hitting the road in recent years. This theory seems to be circumstantial, however, due to
the fact that some states have reported the opposite. Wisconsin reported a 12% decline in the number
of new motorcyclists on the road, in contrast to a significant increase in the number of riders reported in
Nebraska.
Regardless of the belief that things such as weather or new motorcyclists on the road have any bearing
on the number of motorcycle injuries and deaths in the country, the reality is that nine out of ten riders
who were killed in a motorcycle accident were not wearing a helmet. That should be reason enough for
motorcyclists to give that helmet a second though before hitting the road.
Why Insured Motorcyclists Need and

Deserve an Experienced Advocate
The decision to seek legal representation following any type of accident is not one to be taken lightly.
I speak from experience when I say that there are far too many people seeking easy paydays and
attorneys willing to stoke their greed. This can make it more difficult for those with legitimate claims to
recover the compensation that they are entitled to under law and is why the choice of which attorney
will represent your needs is the most important decision you will make.
There are as many forms of law as forms of medicine and seeking an attorney with no experience
in a form of law relevant to your case can be as disastrous to the result as asking a surgeon with no
experience in neuroscience to perform brain surgery. The first and most important qualification that your
attorney must have is specific experience with cases similar to your own and successful recoveries while
handling them.
Other qualities that you should seek include the following.
Realistic expectations we are often bombarded with advertisements from attorneys boasting
multi-million dollar settlements on behalf of their clients, but the value of each case varies greatly
and you cannot expect the same results for your own case. Your attorney should temper your
expectations and provide an accurate and realistic assessment of the value of your case. It is
always my goal to recover enough compensation to cover the financial, physical and emotional
damages that a victim has suffered. I will always be open with you about what you can expect so
that you are not in for any surprises later.
The ability to provide references as I stated above, the most important quality you can find
in an attorney is knowledge and experience in the field of law required to build your case. If an
attorney cannot provide specific examples and referrals, he or she may not have the experience or
knowledge needed to recover the compensation you deserve.
The ability to guarantee results I can attest that legal services are expensive; this is why so many
people forgo protecting their interests and rights. It is for this reason that my legal team offers its
services on a contingency basis meaning that we take on all of the upfront risk and overhead
and guarantee only to collect a fee if we are able to recover compensation on your behalf. This
allows anyone to access an attorney, regardless of the financial ability to pay.
Even if you find a great attorney on the first inquiry, I suggest that you interview several lawyers before
deciding which one is best equipped to serve your needs. If that attorney happens to be a member of
Rosenfeld Injury Lawyers, I will be very happy to serve your needs. Even if you choose to be represented
elsewhere, it is my hope that the information Ive provided has helped you make a more informed and
educated decision.
Our Results Realized for

Injured Motorcyclists
Ive provided the following examples of past recoveries made by Rosenfeld Injury Lawyers so that our
success can speak for itself. It is important to note that these results should not be used as a way to
estimate the value of your own case. Without a proper case review and investigation, I cannot effectively
value your case, so do not hesitate to contact me for a free consultation and evaluation.
$750,000 Leg fracture and torn ACL. In an attempt to avoid a car pulling out of a parking lot, our
client made an evasive maneuver to try to avoid the collision. Unfortunately, the sharp turn resulted in
him laying his bike down on the pavement and an injury to his leg beneath the weight of the bike. While
the insurance company for the other driver attempted to claim that the accident was our clients fault,
we established the driver of the vehicle did not keep a proper lookout and was unfamiliar with the area
where the incident occurred.
$895,000 Cervical fusion. Even a wearing a helmet at the time of the crash didnt do enough to
protect our client from suffering an injury to his neck while injured in a multi-car crash. A lawsuit
was filed against the party who caused the crash as well as a under-insured motorist claim with the
motorcyclists insurance company.
$4,250,000 Wrongful death. 53-year-old father of three was killed instantly when he was struck
from behind while he was stopped at a traffic light. The truck that hit him was operated by a moving
company who was driving cross-country and operated by an employee who had never driven that
vehicle before.
$1,100,000 Shoulder injury / clavicle fracture. While riding his motorcycle to work in a Chicago
suburb, our client was preceding Northbound on Highway 41 when a company pick-up truck merged
into his lane without signaling. The impact threw him into a concrete median where he injured his
shoulder and fractured his clavicle. Both injuries required surgery and physical therapy rehabilitation.
$950,000 Pelvic fracture. After working a shift as a firefighter, our client was struck by a drunk driver
on his way home. The high-speed impact resulted in a fractured pelvis which required an extended
hospital stay and in-patient rehabilitation. Our client missed nearly one year of work and was unable to
return to his part-time job as a trainer at a gym. This matter was settled via a mediation prior to trial.
$3,650,000 Bilateral leg fractures. A teen-driver pulled out of a high-school parking lot onto a busy
street without looking to see if there was approaching traffic. Our client, a 33-year-old mechanic was
struck and thrown from his bike resulting in fractures to both legs. The settlement was paid by the auto
insurance carrier for the teens parents within six months of the inception of litigation in Cook County
court.
$1,250,000 Wrongful death settlement. This settlement was achieved via direct negotiation with the
insurance company for a driver who ran a red light and ran into a 28-year-old man. We were retained by
the mans wife after the claim was originally denied by the other drivers insurance company due to the
fact that the deceased had controlled substances in his system at the time of the crash. The settlement
about represents the full amount of insurance coverage available with $250,000 coming from the drivers
auto policy and $1,000,000 via umbrella coverage.
$2,759,000 Injured motorcycle passenger. While on the back of her boyfriends motorcycle, our
28-year-old client was thrown from the rear of the bike to the pavement when another vehicle merged
into their path of travel. Our client sustained back and neck injuries which required surgical intervention.
She also sustained a subdural hematoma which eventually resolved itself on its own.
$2,000,000 Wrongful death. We were

retained by the family of a 24-year-old man who
was killed in a head-on crash. The other vehicle
was driven by an elderly person who had an
expired drivers license. The proceeds from the
recovery were split between the deceased mans
parents and siblings.
$1,650,000 Lumbar back injury. While

proceeding through an intersection with stop
signs, our client a 31-year-old woman was
struck by a vehicle making a left-turn into her
path of traffic. Witnesses at the scene confirmed
that the other driver failed to yield. The impact
threw our client over the handlebars of her
motorcycle and onto the street pavement
resulting in an injury to her lower back. After
a series of epidural injections and physical
therapy, the women underwent a lumbar fusion
surgery. She has returned to work as a machine
operator.
For more information on how my legal team can help you recover the compensation you deserve, I invite
you to visit https://www.rosenfeldinjurylawyers.com or our motorcycle accident website: https://www.
chicagomotorcycleinjurylawyers.com or to contact me today to arrange your free consultation with
one of my qualified attorneys. I hope that this book has provided you with the information you need to
protect your interests in this challenging period of your life and look forward to the opportunity to serve
you further.

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Motorcycle

Illinois Motorcycle Laws

Insurance and Licensing

The Road Test

Starting and stopping the engine

Making slow turns of varying difficulty

Making fast turns

Coming to safe stops

Performing all functions safely with all of the proper precautions

Remember, it isnt just smart to insure your motorcycle it is the law!

Motorcycle Safety Equipment

House Bill HB0285

Prescription Glasses and Sunglasses

For those who wear contacts or do not wear

Motorcycle riders do not require glasses or

Helmet with Visor

Nuisance to Others on the Road

What the Law Says

How it affects an Injury Lawsuit

Yielding the Right of Way is the Law

Statute of Limitations for Filing an Illinois

Types and Causes of

Cars, SUVs and Pickup Trucks

Loss of Control Leading to Contact with the Ground

Youth as a Factor in Accidents

Defective Motorcycles and Equipment

Other Common Equipment Failures

Following a vehicle too closely

Honking the horn repeatedly

Yelling and/or using obscene hand gestures

Hit and Run Drivers and

What to do When Involved in a Hit and Run Accident

The glimmer of hope for anyone riding a

Underinsured Motorist Coverage

Having an advocate will reduce the amount of

Injured Motorcycle Passengers

The Role of Insurance

Motorcycles are fun to operate and ride on,

Common Motorcycle Injuries

Traumatic Brain Injuries Related

The Damage Done to the Brain in an Accident

Treatment Options and Costs

Treatment and Recovery

Spinal Cord Injuries

Types of Spinal Cord Injury

Both during treatment and recovery, many

For more information on spinal cord injury visit

Infections and Gangrene

Some amputations are the result of an injury

The majority of amputations that occur as a

Partial or Temporary Paralysis

The Cost of Care

The Causes of Severe Lacerations

Being dragged along the ground

A foreign object piercing the skin

Contact with debris from the accident

Surgery to repair tissue, ligaments or tendons

Skin grafting to repair deep gashes that are missing tissue

Microsurgery to restore movement and feeling

Laser surgery to remove or reduce the look of scars

Some States Have Shown Improvement

Other States Have Backtracked

Contributing Factors to Motorcycle Mortality Rates

Are There More Motorcyclists on the Road?