Wheaton Motorcycle Accident Attorney

Top-Rated Motorcycle Attorneys Help Injured Victims in Wheaton and DuPage County

With a population of just over 50,000 people as of the 2020 census, Wheaton, Illinois, ranks in the top 30 most populous cities in Illinois. Wheaton’s location west of Chicago makes it a popular place for those who want access to big-city amenities combined with the slower pace of living in a smaller town. 

Wheaton’s location also makes it a popular place to ride motorcycles. A motorcycle can provide cost-effective transportation in and around Wheaton. Recent rebuilding in the downtown area, quick access to the DuPage County Fairgrounds, and access to parks, recreation, and miles of Illinois roadways all mean motorcyclists on the streets. 

All traffic on Illinois roads runs the risk of being involved in a crash. Motorcyclists can and do become involved in these accidents. If you’re injured in a Wheaton motorcycle crash, talk to attorneys with experience representing the injured in DuPage County. The team at Briskman, Briskman & Greenberg can help. 

Motorcycle Accidents in Wheaton and DuPage County

About 71 percent of all vehicle crashes in Illinois in 2023 occurred on urban roads. The most common sites for collisions included state highways and other principal arterial roads. These road types accounted for over 30 percent of all crashes in 2023.

Three Illinois state highways serve the Wheaton area. They include Illinois Route 38 or Roosevelt Road; Illinois Route 56 or Butterfield Road; and Illinois Route 64 or North Avenue. These street types were particularly dangerous for motorcyclists, accounting for over half of fatal crashes and injuries in 2023.

DuPage County saw 17,203 motor vehicle crashes in 2023. These included 45 fatal crashes and over 4,000 crashes that caused one or more injuries. 

Throughout Illinois, 168 motorcyclists suffered fatal crashes in 2023. Another 1,085 suffered injuries, many of them severe.

Common Causes of Motorcycle Accidents

Like other accidents, motorcycle crashes can have many causes. Common causes of Wheaton motorcycle crashes include distracted driving, failure to yield, speeding, and impaired driving. Distracted driving is closely linked to increases in motorcycle, bicycle, and pedestrian deaths on Wheaton roads. When drivers are distracted, others may pay the price. 

Distracted Driving

• All drivers must use reasonable care to spot other vehicles and people on the roads and avoid collisions with them. Distractions can easily undermine a driver’s ability to do this.
• Cell phones, music, conversation, eating, and other distractions can prevent a driver from seeing a motorcyclist in time to avoid a crash. 

Failure to Yield

• Drivers have a duty to control their vehicles to prevent accidents from occurring. This duty includes obeying road signs and rules, like the rule to yield to traffic with the right of way. 
• Drivers who are distracted, intoxicated, speeding, or simply not paying attention may fail to yield to a motorcycle, causing serious injuries.
• In 2023, 1,974 Illinois crashes involved a motorcycle traveling straight ahead at the time of the crash. 
• Many of these collisions involved a driver who failed to yield to the motorcyclist, such as by turning in front of the bike or pulling out of a driveway into the motorcyclist’s path. 

Speeding

• Speeding is dangerous. In 2023, 31.1 percent of Illinois roadway crashes involved a speeding driver. 
• Nearly 45 percent of all roadway deaths and over 36 percent of injuries involved speeding.
• Speeding occurs in several ways. A driver exceeding the posted speed limit is speeding, regardless of the roadway conditions. A driver going too fast to control their vehicle safely is also speeding, even if they’re below the posted speed limit. 
• Both forms of speeding can lead to serious injuries and death for motorcyclists and others on DuPage County roads.

Impaired Driving

• In 2023, 1,142 fatal crashes in Illinois involved at least one driver who had been drinking, according to IDOT. 
• Even when motorcyclists are sober, they can be injured by others who are impaired while driving. Of the 109 motorcyclists whose blood alcohol concentration (BAC) was tested following a crash, two-thirds had no alcohol in their system at the time of the collision. 
• Impaired drivers can cause serious harm, no matter how careful others are. 
• Nationwide, three-fourths of all motorcycle crash victims were sober at the time of the crash, according to a National Safety Council study. These bikers took steps to protect themselves, but when other drivers don’t use the same care, a motorcyclist may pay the price. 

Common Injuries in Wheaton Motorcycle Accidents

Motorcycle accidents cause death and serious injury at much higher rates than car accidents. In 2023, only 1.1 percent of all Illinois vehicle accidents involved a motorcycle, according to the Illinois Department of Transportation (IDOT). However, motorcycle collisions caused 14.1 percent of all fatal crashes and 3.6 percent of all injury crashes.

Common injuries in Wheaton and DuPage County motorcycle accidents may include:

• Traumatic brain injuries, skull fractures, and facial injuries,
• Neck sprains, back injuries, and spinal cord damage,
• Broken bones,
• Internal organ damage,
• Road rash,
• Mental and emotional trauma. 

Rates of motorcycle accidents and deaths have increased in recent years. In 2023, Illinois saw 3,147 total motorcycle accidents. Yet the rate of deaths in these accidents jumped 15.9 percent compared to 2022. Motorcycle accident deaths and serious injuries continue to climb even as the rate of other roadway injuries drops. The roads remain a dangerous place for bikers. 

Proving Negligence in a Wheaton Motorcycle Accident Claim

Most motorcycle accident cases seek to demonstrate negligence. If you show that another driver or party was negligent, you can hold that party liable for your injuries and collect needed compensation. 

Illinois requires injured motorcyclists to prove three elements before they can hold someone else liable and collect compensation:

1. Negligence: The other driver had a duty to use reasonable care to prevent harm but failed to do so. Typical forms of roadway negligence include failing to follow road rules, such as running a red light or failing to yield to a motorcyclist who has the right of way.
2. Injury: The driver’s negligence must be both the actual cause of your injuries and a foreseeable cause of your injuries. For example, a driver who runs a red light and plows into a motorcyclist is the actual cause of harm; the driver collided with the motorcyclist, causing injuries the rider wouldn’t have suffered otherwise. Such a collision is also a foreseeable cause of harm: a reasonable person can predict that “if I run a red light, I might hit someone and hurt them.” 
3. Damages: Damages are the losses you suffer as a result of the accident and your injuries. If the crash hadn’t happened, you wouldn’t face these losses. Compensation focuses on restoring these losses. 

These three elements can seem straightforward. Applying them to a specific case, however, can get complicated. The other party might make legal arguments to oppose your arguments as well. For instance, they may argue that the motorcyclist is partly or totally at fault for their own injuries. Responding to these claims and building a strong case can be a challenge. A dedicated Wheaton motorcycle accident attorney can help. 

Securing Compensation After a Motorcycle Crash in Wheaton, IL

Compensation seeks to restore losses you suffer as a result of a motorcycle crash. Often, courts categorize compensation into two broad categories: economic and non-economic damages. Families that lose a loved one to a fatal motorcycle crash injury can also seek compensation for their loss. 

• Economic losses are financial. They’re usually proven with bills, receipts, invoices, pay stubs, and similar documentation. Common economic losses include medical bills, lost wages, future medical expenses, loss of income due to future inability to work, and property damage costs.
• Non-economic losses are personal. They don’t usually come with a price tag attached. Yet they are real, and they can significantly disrupt your life. Common non-economic losses include physical pain and suffering as well as mental and emotional anguish. 

In a wrongful death case, families can also seek compensation for costs like funeral and burial expenses. They can seek compensation for the loss of their loved one’s care, companionship, and support as well. 

Speak With a Top-Rated Wheaton Motorcycle Accident Lawyer Today

If you’ve been injured or lost a loved one in a Wheaton motorcycle crash, you have a limited time to act. Illinois law requires personal injury claims to be filed within two years of the date of the crash. 

While you can file a claim yourself, it’s wisest to work with an experienced personal injury lawyer. An attorney can:

• Investigate your claim and preserve evidence, such as security camera footage, that might otherwise be erased.
• Fight back against insurance companies that want to delay or deny your claim or who offer you a lowball settlement amount. 
• Build a strong case for compensation and present it on your behalf – everywhere from settlement negotiations to trial if needed. 
• The attorneys at Briskman Briskman & Greenberg have decades of experience representing injured motorcyclists and their families. 

We understand the challenges you face, and we’re dedicated to protecting our clients’ rights as we pursue the compensation you deserve. Reach out to us today online or by calling 312-222-0010 to schedule a no-cost, no-obligation consultation with a knowledgeable Wheaton motorcycle accident lawyer.