A motorcycle crash can happen in seconds, but the consequences can last for years. Knowing what to do after a motorcycle accident in Illinois can protect both your health and your legal rights. Because motorcycle injuries are often severe and insurance companies may rely on unfair stereotypes about riders, the steps you take immediately after a crash matter.
Below is a guide for injured riders in Peoria and throughout Illinois.
Immediate Steps at the Scene of the Accident
Call 911 and Request Police and Medical Assistance
Always call 911 after a motorcycle accident. Even if injuries seem minor, adrenaline can mask serious trauma. A police report creates official documentation of the crash, identifies involved parties, and may include statements from witnesses.
If anyone is injured, request medical assistance immediately.
Move to Safety if Possible
If you can do so safely, move out of traffic. Do not attempt to move the motorcycle unless it is creating an immediate hazard.
Exchange Information
Collect the following from the other driver:
- Full name and contact information
- Insurance company and policy number
- Driver’s license number
- Vehicle make, model, and license plate
If a commercial vehicle is involved, note the USDOT number displayed on the vehicle.
Gather Witness Information
Witnesses can play a crucial role in establishing fault. Get names and phone numbers before they leave the scene.
Document the Scene
If you are physically able:
- Take photos of all vehicles
- Photograph road conditions, traffic signals, and skid marks
- Capture visible injuries
- Document weather and lighting conditions
These details may later help counter insurance company arguments.
Seek Medical Attention Immediately
Do Not Ignore Delayed Symptoms
Motorcycle accidents frequently result in traumatic brain injuries, spinal injuries, fractures, and internal organ damage. Some symptoms may not appear until hours or days later.
Prompt medical evaluation:
- Protects your health
- Creates medical records linking injuries to the crash
To understand the types of injuries riders commonly suffer, visit:
Common Motorcycle Accident Injuries in Illinois.
Preserve Evidence
Keep Your Motorcycle Gear
Do not discard damaged helmets, jackets, boots, or gloves. These may serve as evidence of impact force and injury severity.
Request That Surveillance Footage Be Preserved
If the crash occurred near businesses or intersections with cameras, request that footage be preserved.
Maintain Medical Records and Bills
Keep copies of:
- Emergency room records
- Diagnostic imaging results
- Physical therapy records
- Medical bills
Accurate documentation strengthens your injury claim.
Understand Illinois Motorcycle Laws
Illinois motorcycle laws affect how insurance companies evaluate claims.
Under 625 ILCS 5/11-1404, Illinois does not require helmets for riders age 18 and older, though eye protection is required unless the motorcycle has a windshield.
For a detailed overview of rider responsibilities and rights, visit:
Illinois Motorcycle Laws and Rider Rights After a Crash.
Avoid Giving Recorded Statements to Insurance Companies
Insurance adjusters may contact you shortly after the crash requesting a recorded statement.
These statements can be used to minimize your claim or shift blame to you. You are not required to give a recorded statement to another driver’s insurer.
For more guidance, see:
Should I Give a Recorded Statement to the Insurance Adjuster?
Do Not Accept an Early Settlement Offer
Insurance companies sometimes offer quick settlements before the full extent of injuries is known.
Accepting an early offer may permanently waive your right to seek additional compensation.
Motorcycle injuries often require long-term care, especially in cases involving head trauma or spinal damage.
Understand Comparative Fault in Illinois
Illinois follows modified comparative fault under 735 ILCS 5/2-1116.
If you are found less than 51% at fault, you may still recover damages. Your compensation will be reduced by your percentage of fault.
Insurance companies may attempt to argue that motorcyclists assumed risk or were speeding. Evidence and witness statements are critical to counter these claims.
Be Aware of the Statute of Limitations
Under 735 ILCS 5/13-202, most personal injury claims must be filed within two years of the accident date.
Failing to file within this timeframe can bar recovery.
Consider Hiring an Experienced Motorcycle Accident Attorney
An attorney experienced in motorcycle accident cases can:
- Investigate the crash and gather evidence
- Counter insurance company bias against motorcyclists
- Calculate the full value of your damages
- Handle all communications with insurers
Learn more on our Motorcycle Accident Attorney page.
You may also find helpful information in our blog:
I Was in a Motorcycle Accident But Was Not Wearing a Helmet — What Now?
Frequently Asked Questions
Should I go to the hospital even if I feel fine?
Yes. Many serious injuries, including concussions and internal bleeding, may not produce immediate symptoms.
Can I recover compensation if I was not wearing a helmet?
Yes. Illinois does not require helmets for riders 18 and older, though comparative fault arguments may arise depending on the injuries.
What if the other driver says they did not see me?
Drivers have a duty to maintain proper lookout. Failure to see a motorcyclist does not excuse negligence.
How long do I have to file a motorcycle accident lawsuit in Illinois?
Generally, two years from the date of the accident under 735 ILCS 5/13-202.
Contact Parker & Parker Attorneys at Law
If you are unsure what to do after a motorcycle accident, speaking with an attorney can help protect your rights.
Parker & Parker Attorneys at Law represents injured riders throughout Peoria and Central Illinois.
Parker & Parker Attorneys at Law
300 NE Perry Ave
Peoria, IL 61603
Phone: 309-673-0069
Call today to discuss your case and your options.
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