Chicago Brain Injury Motorcycle Claims: Know Your Rights and Recover After a Motorcycle Crash!

Last updated Thursday, May 21st, 2026

Motorcycle crashes can occur in a split-second. While you may have been traveling northbound on Lake Shore Drive or navigating the streets of the North Side, the next instant you may be lying on the pavement with a cracked helmet and a world spinning. In the event of a head or brain injury due to a motorcycle crash, the road to recovery will be a long and arduous journey, physically, emotionally, and financially.

For nearly 40 years, attorneys at motorcycle safety lawyers have assisted individuals who have suffered injuries in motorcycle crashes. Unlike law firms that appear at motorcycle crashes and disappear once the case settles, we remain a part of the motorcycle community each and every day. This includes sponsoring motorcycle safety training courses; evaluating insurance coverage options for our clients; participating in local motorcycle events; and advocating for motorcycle riders when tragedy strikes.

Understanding Traumatic Brain Injuries (TBI)

What is a TBI?

A traumatic brain injury occurs whenever there is a disruption to normal brain function resulting from a bump, blow, or jolt to the head. The extent of the injury could range from a minor concussion that resolves in several weeks to an injury so severe that the individual’s quality of life is changed forever.

Approximately 20 percent of all motorcycle crashes result in some type of head or neck injury. Since motorcyclists are generally more exposed than automobile occupants within an enclosed vehicle, this statistic represents a significant portion of all motorcycle-related head injuries. As stated above, there is no airbag to protect motorcyclists’ heads during a crash, nor is there a metal frame surrounding the motorcyclist or any type of restraint system such as a seat belt. Therefore, the entire weight of the force involved in a motorcycle crash impacts the motorcyclist’s body and head directly.

While wearing an approved and properly fitting helmet greatly reduces the likelihood of sustaining a fatal head injury, understanding how these injuries occur and why they are so severe are important topics prior to discussing the benefits of wearing a helmet.

Related Article(s)

Orthopedic Motorcycle Injuries: Fractures, Treatment, and Legal Rights

Spinal Cord Injury Claims: Seeking Justice After a Motorcycle Accident

Common mechanisms of TBIs

Some common mechanisms associated with motorcycle crashes include:

Direct impact – the motorcyclist’s head strikes either the pavement or another vehicle/guardrail/etc. Although wearing a helmet can provide protection for the motorcyclist’s head, there still exists sufficient force to potentially cause serious injury.

Rapid deceleration – when a motorcycle stops quickly (decelerates rapidly), the motorcyclist’s brain does not slow down as fast as their skull. This rapid deceleration creates substantial friction between the brain and the skull, leading to bruising, bleeding, or tearing of brain tissue.

Secondary injuries – following an initial trauma to the brain, bleeding or swelling may develop that exacerbates the existing damage. Secondary injuries may be equally as injurious as the primary trauma and may take several hours or even days before becoming apparent.

Helmet use reduces fatalities by 37 percent and prevents approximately 67 percent of all brain injuries. Additionally, helmeted motorcyclists are approximately 3 times more likely to survive a head injury than non-helmeted motorcyclists. However, no helmet provides complete protection from head injuries, and numerous riders whom we represent sustained injuries while wearing helmets.

Types of Head and Brain Injuries

Each type of head or brain injury has its unique characteristics. Below is a general overview of various Types of Head and brain injuries commonly seen in motorcycle crash litigation:

Concussions

A concussion represents a mild form of TBI. However, “mild” is a relative term. Concussion symptoms include headaches; dizziness/confusion; difficulty concentrating; possible short-term memory loss (i.e., regarding the incident); nausea/vomiting; fatigue/sleep disturbances; sensitivity to light/sound; seizures; weakness/numbness in extremities; and, in extreme cases, paralysis/motor skills deficits. Most riders tend to minimize or disregard Concussions since many do not exhibit obvious incapacitation immediately following the incident. This approach is misguided since any concussion necessitates thorough medical assessment regardless of severity.

Contusions & Skull Fractures

A contusion represents a bruise on the brain, essentially. A skull fracture indicates one or more cracks/breaks within one or more bony structures of the skull. Each type of injury carries inherent risks individually; however, collectively they create conditions where bone shards/fluid may exert undue pressure upon the brain.

Hematomas & Intracranial Hemorrhage

Hematomas indicate collections of fluid outside of blood vessels yet within the cranium. Epidural Hematomas develop between the cranium and outermost meningeal layer. Subdural Hematomas develop between the cerebral cortex and protective meningeal layers. Each type of hemorrhage can become life-threatening based on potential buildup of intracranial pressure. Bleeding within the cerebrum itself (intracerebral hemorrhage) typically represents the most dire outcome stemming from motorcycle collisions.

Diffuse Axonal Injury

Diffuse Axonal Injury results from rotational/shear forces within the cerebrum generated by rapid deceleration/acceleration. Such forces stretch and tear multiple axons throughout the brain, often resulting in loss of consciousness, possibly leading to coma/permanent Cognitive dysfunction. High-speed incidents are usually linked to diffuse axonal injuries; therefore, this is also among the most severe categories of TBI.

Closed vs Open TBIs

Closed TBIs refer to instances where the cranium remains unbroken despite damage to internal cranial structures. Open (penetrating) TBIs involve objects breaking through the cranium into cranial structures. Both types of TBIs may result from motorcycle collisions.

It is essential to recognize that symptoms may not manifest immediately post-injury. Riders may leave an accident scene appearing slightly shaken but otherwise okay. hours/days thereafter, the rider may begin experiencing symptoms related to swelling/bleeding developing subsequent to the original injury. Anytime a rider sustains a head injury (even if they initially appear fine), seek immediate medical attention.

Symptoms & Long-term Impacts Associated with TBI

Trauma to the brain affects each individual in distinct manners according to type/location/severity of injury. Certain symptoms relate to physical issues while others reflect Cognitive/emotional responses. Still others may emerge hours/days/weeks post-incident. Here are examples of symptoms you should monitor for yourself/family member/loved one:

Physiological symptoms

• Persistent headache(s)/pressure in the head area
• nausea/vomiting
• dizziness/loss of balance
• fatigue/sleep disorders
• sensitivity to light/sound
• seizure activity
• weakness/numbness in limbs
• paralysis/motor function deficits (in rare cases)

Cognitive & behavioral symptoms

• memory loss (especially concerning details surrounding incident)
• difficulty concentrating/poor thinking abilities
• slower processing speed
• speech/language issues
• poor judgment/impulsivity
• confusion/dissociation

Psychological/educational symptoms

• depression/anxiety
• mood swings/irritability
• post-traumatic stress disorder (PTSD)
• feelings of hopelessness/withdrawn social behavior

The psychological impact of suffering a TBI is genuine and often underappreciated. Individuals who previously demonstrated confidence and independence through their daily activities may experience marked difficulties performing everyday functions they once completed without conscious thought. The resultant loss-of-self experienced by these individuals can be heartbreaking, both for those injured and their loved ones.

If you or a loved one is experiencing challenges after sustaining a TBI, please contact us for assistance. The Brain Injury Association of Illinois (www.biail.org) provides information/support groups/referrals to professionals specializing in brain injury treatment. Additionally, the 988 suicide & Crisis Lifeline (text/call 988) is available 24/7 if you or a family member experiences mental health concerns.

Long-term Consequences

Many TBI survivors experience persistent effects that extend well beyond their acute recovery phase. Potential chronic effects include recurring headaches; insomnia; impaired cognition; etc. Furthermore, catastrophic injuries (e.g., Diffuse Axonal Injury/prolonged comatose state) may result in permanent disability.

As mentioned earlier, one major rationale supporting comprehensive damages awards in TBI cases relates to financial costs incurred by victims and/or families over an extended lifetime.

Chicago Motorcycle Accident Statistics and Risk Factors

Illinois motorcycle accident data tells a sobering story. According to IDOT, motorcyclists made up only 1.1% of all traffic crashes in Illinois in 2021, but accounted for 13% of traffic fatalities. That year, 174 motorcyclists were killed, and 2,544 were injured. Fatalities increased 14.5% from 2020 to 2021.

Some of the most common motorcycle accident types in Illinois include:

• Left turn collisions. Motorcyclists are particularly vulnerable to being cut off while traveling straight through an intersection by a car making a left-hand turn.
• Skidding or loss of traction. Potholed roads, gravel patches, wet leaves, and oil slicks can cause motorcycles to skid or lose traction, which may lead to a crash.
• Being hit by a turning vehicle at an intersection. Most intersections do not provide motorcyclists with adequate sight lines, which increases the risk of being struck by a vehicle turning into their path.

While the risks associated with riding in urban areas such as Chicago are different than the risks associated with rural or suburban riding, there are several factors that add to the overall risk of riding in the city of Chicago:

Urban traffic density. With thousands of people driving to work every day, the sheer number of vehicles on Chicago streets creates a high level of exposure to distracted or aggressive drivers.

Infrastructure challenges. Potholes in springtime after multiple rounds of freezing rain/thaw create hazardous riding conditions. Road construction areas have lanes changing unexpectedly, uneven pavement, and varying degrees of difficulty navigating the area safely.

Weather. Weather in Chicago can be challenging and unpredictable. Slippery roads during rainy days, cold temperatures leading to early frosts, and winds blowing from Lake Michigan reduce tire friction and visibility. An experienced rider may find themselves caught off guard by a sudden Weather change.

To help mitigate the risks associated with riding in Chicago, consider the following defensive riding techniques:

Assume other drivers do not see you. Give yourself extra space when approaching intersections or pedestrians. Anticipate that other drivers may enter your lane or fail to yield.

Cover your brake at intersections. Slow down to match your speed to the surrounding traffic before entering an intersection.

Stay out of blind spots. Check your mirrors regularly and anticipate where other vehicles may be located based upon their trajectory.

Increase following distance during inclement Weather. Leave plenty of room between you and the vehicle ahead of you to allow for stopping time in low-light and slippery conditions.

Take advanced rider courses. Consider taking an advanced rider course if you have not done so recently. Motorcycle safety lawyers provide Accident Scene Management (ASM) courses for new riders and can direct you to local riding schools.

Helmet Laws in Illinois

Illinois is one of a few states that does not require adult riders to wear helmets. However, if you choose to wear eye protection and your motorcycle is equipped with windshields, then you do not need to wear eye protection.

According to the Illinois Motorcycle Operator Manual, a helmet is not required under Illinois law; however, a rider who wears a properly fitted helmet greatly reduces the chance of a fatal head injury in an accident.

According to the National Highway Traffic Safety Administration (NHTSA), helmets decrease the likelihood of fatality by 37%, and decrease the probability of sustaining a brain injury by 67%. Those who choose to ride without helmets are approximately three times more likely to suffer a fatal head injury than those who choose to ride with helmets.

Helmet Usage Impact on Compensation Amount

Here is something important for motorcycle riders to remember: if you did not wear a helmet at the time you suffered your injury, it could impact how much money you would be entitled to collect in a lawsuit.

Under Illinois’ Comparative Negligence system, a jury will assess fault among each party involved in the accident. If the jury determines that not wearing a helmet impacted the extent of your head injury, they may limit the amount of money awarded you as compensation.

That is not to say that you cannot obtain compensation for injuries sustained in an automobile accident if you chose not to wear a helmet. Rather, not wearing a helmet will likely become an issue that your lawyer will need to contend with. At Motorcycle Safety Lawyers, our attorneys have handled this type of argument numerous times. We understand how insurance companies attempt to use arguments related to helmet usage (or lack thereof) against motorcycle riders, and we understand how to counteract these arguments.

Initial Medical Treatment and Rehabilitation

Following a Motorcycle Collision

If either you or someone else present sustains injuries resulting from a motorcycle collision:

• Call 911 immediately. Only move the injured individual if he/she/they are in immediate danger. Moving someone with possible head or spinal cord injuries can exacerbate their condition.
• Get a complete medical examination regardless of whether you think you were seriously injured. Many traumatic brain injuries do not exhibit noticeable signs initially.
• Follow your physician’s orders precisely. Failure to attend scheduled post-accident medical appointments or downplay symptoms will damage your potential for obtaining fair compensation for your medical treatment and lost income.

Emergency treatment for motorcycle accident victims typically includes:

• Neurological examinations
• CT/mri scans
• Monitoring for increased intracranial pressure
• Medications to treat swelling or prevent seizure activity
• Surgical intervention (in extreme circumstances)

Recovery Time Frame

Moderate-to-severe traumatic brain injury patients usually undergo physical therapy (to restore motor functions and mobility); occupational therapy (to regain daily living skills); speech and language therapy; Cognitive rehabilitation (to improve memory, attention, executive functioning); psychological counseling (for mood disorders, behavioral problems, ptsd).

Cost of Treating Traumatic Brain Injuries

Treatment for traumatic brain injuries is very costly. In addition to long-term care, traumatic brain injury treatment results in millions of dollars spent nationally per year. Individualized lifetime Costs associated with treating traumatic brain injuries vary widely depending upon the severity of the injury. Individuals with mild traumatic brain injuries incur average lifetime Costs ranging from approximately $85,000 to well above $3 million for individuals with severe traumatic brain injuries that necessitate continuous care.

These figures reflect only medical expenses and a portion of the everyday expenses incurred as a result of the disability. They do not reflect the emotional pain of losing your freedom to ride your motorcycle whenever you want or enjoy the beauty of nature on a sunny afternoon.

Therefore, the judicial system acknowledges economic as well as noneconomic damages. To ensure that your rights are protected fully and fairly, selecting an attorney specializing exclusively in representing motorcyclists is essential.

Claims Process Under the Law in Illinois

Illinois is a No-fault State

Illinois is considered a no-fault state because drivers and passengers injured in an auto accident can seek payment for certain damages directly from their own insurer rather than waiting for liability issues to be resolved.

Personal Injury Claims Based Upon Liability

However, Illinois is a fault-based state regarding personal injury claims arising from automobile accidents. Therefore, if another driver causes your motorcycle accident – whether due to his/her distraction, failure to yield, or any other form of negligence – you have a right to pursue reimbursement from that driver.

Who May be Liable in a Motorcycle Accident Case?

Depending on the specifics of your motorcycle accident case, potentially liable parties may include:

• the driver who caused the accident;
• the driver’s employer (if the driver was on duty at the time);
• vehicle manufacturers or parts suppliers (if a defective part contributed to the accident);
• government agencies (if poorly designed roads or inadequate road maintenance created hazards);

Statutes of Limitation in Illinois

In Illinois, you typically have two years from the date of your accident within which you must bring your personal injury suit. Wrongful death suits also fall within the same two-year statute of limitations – beginning from the date of death. Although there are limited exceptions to this general rule, they are narrowly defined.

Do Not Wait to Act

Evidence may disappear quickly after an accident occurs, witnesses may begin forgetting details, and insurers may immediately start developing defenses once notified of the claim. The sooner you contact an attorney familiar with handling motorcycle accident claims, the greater your chances of establishing a strong foundation for pursuing justice and maximum compensation for your losses.

Damages Available to Victims

You may be eligible for various forms of damages available under Illinois law:

Economic Damages

• past and future medical expenses
• rehabilitative care
• lost income
• decreased earning capacity
• home modifications
• home health care

Noneconomic Damages

• pain & suffering
• emotional distress
• loss of enjoyment of life
• disfigurement
• loss of consortium

Building a Solid Brain Injury Claim

There’s a lot that happens during the days and weeks after a car wreck. How well you manage that time period directly impacts whether or not you’ll ultimately prevail in a lawsuit. Below is a helpful checklist.

After the Accident (at the scene):

• You need to call 911 to report the incident. Make sure there’s a police report generated.
• Regardless of how little damage there appears to be, seek immediate medical treatment. Even if you’re feeling fine, you still should see a doctor as soon as possible. It’s essential that your injuries be documented immediately. Documenting them now makes proving causation much easier later on.
• Take photographs of the accident site. If you are unable to take photos yourself, ask someone you trust to do this for you.
• Gather witness statements along with their contact information. Take pictures of their vehicles, license plates, and identification cards.
• Avoid admitting fault or apologizing at the scene. Once the statement is made, it cannot be taken back.

In the Days After:

• Follow up with your medical provider and undergo a full neurological assessment. Maintain accurate documentation of all of your treatment, medical images, treatment plans, physician notes, etc.
•  Preserving the physical evidence related to your motorcycle (helmet, jacket, gloves) could become important pieces of evidence in future litigation. Also, preserve your motorcycle.
• Get a copy of the police report.
• Do not share any details about your accident on social media. A simple photo or ill-advised comment can potentially harm your case.

Going Forward:

• Maintain a daily journal detailing any symptoms you experience, the level of pain you are experiencing, your ability to sleep, and how the injury continues to affect your everyday activities. This type of documentation becomes very valuable in terms of demonstrating the extent of your non-monetary losses.
• Follow up regularly with your medical providers as scheduled for appointments. Follow through on recommended treatment plans.
• If approached by an insurance representative, do not sign any documents provided to you. Do not accept any settlement offered to you until you consult with an attorney.
• Hire an attorney quickly. The insurance company already has its attorney working on your case. You should also have a law firm representing you.

At Motorcycle Safety Lawyers®, we represent clients at no cost unless we secure money for you. We will never put pressure on you regarding making decisions about your case. We provide complimentary consultations, and we will conduct complimentary reviews of your current insurance policy prior to an accident occurring.

Why Experience Counts When Choosing Your Attorney & What Makes Us Different

While many brain injury claims are not similar to minor car wrecks, it takes attorneys who comprehend medical issues, economic aspects of ongoing care, and strategies employed by insurance companies to limit payments. As such, you would like to choose an attorney who has had relationships with neurologists, life-care planners, and accident reconstruction specialists, not merely an attorney who occasionally represents motorcycle-related cases.

Since 1989, Motorcycle Safety Lawyers ® has been representing injured bikers. While we may simply refer to ourselves as “motorcycle” attorneys, we have roots in the biker community. Our attorneys attend motorcycle events throughout the year. We support Accident Scene Management (ASM) training for bikers. We review riders’ insurance policies prior to accidents occurring. Because we truly care about bikers, not merely potential clients.

Upon contacting us, you will communicate with attorneys who actually ride. We understand why you returned to riding after being knocked down the first time. We know what it costs, both financially and emotionally, when that freedom is lost due to another person’s actions.

As mentioned above, we provide free consultations. Additionally, we operate on a contingency fee arrangement; you will pay nothing unless we obtain a recovery for you. Finally, we will never pressure you into making a decision that is not in your best interest. To learn more about what our past clients have said about us, please visit our website and view their testimonials.

If you would like to discuss your case further, please call us today at (312) 626-8112  or visit www.motorcyclesafetylawyers.com.

Commonly Asked Questions

Can I recover damages if I did not wear a helmet?

Yes. Not wearing a helmet does not automatically disqualify you from receiving compensation in Illinois. Under Illinois comparative fault rules, however, a jury can reduce your damages if they determine that failure to wear a helmet caused increased severity of your injury. Experienced motorcycle attorneys are aware of arguments to counteract this issue.

How long do motorcycle brain injury lawsuits typically take?

Each case is different and the length of time varies depending upon each specific situation. Some cases settle within months, while other cases proceed to trial and take years. Cases involving complex brain injuries with disputed liability and high dollar amounts usually take longer since there is more risk involved and additional proof must be developed. Your attorney will be able to provide you with an estimated timeline for your case based upon your specific circumstances.

Will my Uninsured/Underinsured Motorist Coverage apply if the at-fault driver was uninsured?

Unfortunately, this occurs more frequently than many bikers realize. If the at-fault party was either completely uninsured or underinsured to cover your damages, your own Uninsured/Underinsured Motorist (UM/UIM) coverage may come into play. That is yet another reason we encourage bikers to schedule an appointment for us to review their insurance policies prior to an accident occurring. Call us today, and we will evaluate your UM/UIM coverage and let you know exactly where you stand.

What amount of compensation can I receive for my pain and suffering?

Non-economic damages are difficult to quantify. Non-economic damages (pain and suffering) are determined by factors including but not limited to: (1) the nature and degree of injury sustained; (2) the negative impact on the injured individual’s quality of life; (3) the duration anticipated for these negative impacts. Damages for pain and suffering can be quite large in serious TBI cases. Attorneys experienced in handling TBI cases will be able to properly document and advocate for these damages.

Do I have to pay legal fees up-front?

No. Motorcycle Safety Lawyers operates on a contingent fee agreement. This means that we will only earn payment for services rendered if we successfully obtain a monetary award for you. Therefore, you will incur no upfront costs or expenses associated with your case while we pursue recovery for you. If we fail to recover funds for you, then you will owe us nothing.

Additional Support Organizations

A strong network of support can greatly enhance your journey towards healing from a traumatic brain injury. Some organizations and resources that might assist you and/or your loved ones include:

Brain Injury Association of Illinois (BIAIL). Provides assistance and resources for individuals with brain injuries and their families, including support groups, case managers, and education programs.

988 Suicide and Crisis Lifeline. Call or Text Available 24 hours/day, 365 days/year for anyone experiencing emotional distress (depression, anxiety, PTSD, etc.) resulting from a TBI.

National Institute of Neurological Disorders and Stroke. Extensive resource center providing comprehensive information on various forms of Traumatic Brain Injury, including treatment options and current research studies.

Illinois Department of Transportation (IDOT). Source of crash statistics, conditions of roads across Illinois, and general motorcycle safety information.

Road Guardians / Accident Scene Management. Through Road Guardians, we sponsor ASM training courses specifically designed for motorcyclists. These courses instruct bikers on how to act safely at the scene of an accident prior to the arrival of emergency personnel.

Protecting Riding & Protecting Your Rights

Your rights deserve protection regardless of the circumstances surrounding your injury. For over 35 years, Motorcycle Safety Lawyers has represented bikers who were injured in crashes caused by negligence of others.