Failure to Yield Motorcycle Accident Lawyer
The failure to yield motorcycle accidents is one of the most common crashes that cause severe injuries and death for motorcyclists. This type of crash occurs when another driver violates the motorcyclist's right-of-way, causing a collision.
Are you the victim of a failure-to-yield motorcycle accident, or did you lose a loved one in a crash caused by another's negligence?
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys are legal advocates for injured accident victims and can help you too.
Call a Chicago motorcycle accident lawyer at (888) 424-5757 (toll-free phone number) or use the contact form today to schedule a free consultation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
While motorcycles are smaller than cars, they are much faster. With speeds well over 100 miles per hour in some cases, this increases the likelihood of severe accidents when a motorcycle and passenger vehicle collides due to failure to yield.
However, motorcyclists have the same rights on the road as other vehicles and are protected by the same laws.
However, due to low visibility or just distraction from other drivers, the larger vehicles on the road often fail to yield to motorcycles and cause accidents involving serious injuries.
Over the past decade, motorcycle accidents resulted in over 34,000 rider deaths and 1.2 million rider injuries, many of them caused by other vehicles that failed to yield to a motorcycle.
Illinois Motorcycle Accident Laws
In Illinois, motorcyclists have certain rights and responsibilities that all drivers must recognize. For example, under the state's traffic laws, a motorcycle or a moped is entitled to full-width lanes on a highway with no paved shoulders.
In addition, a motorcyclist on a multi-lane highway has the right to proceed straight through an intersection when traffic is congested on all sides of them, requiring other drivers to yield the right of way.
Illinois law also requires that everyone remember that motorcycles are considered vehicles entitled to use the full width of the roadway.
Therefore, motorcyclists are required to ride as far to the road's right as possible at all times, staying on the paved part of the highway if available. The only exception is when passing another vehicle or preparing for a left turn.
When riding in inclement weather conditions, an Illinois motorcycle rider has the right to ride over the passenger vehicle driver in the paved part of a road, even if it is slippery.
However, other vehicles must allow for motorcycles and bicycles when riding through dangerous conditions, such as floods and snowstorms.
Who Is at Fault?
The most common cause of motorcycle accidents seems to be drivers who fail to see or recognize motorcycles on the roadway ahead of them. However, in most cases, the motorcyclist is often found to have been driving properly and responsibly.
At the same time, the at-fault driver failed to follow traffic laws that led to the failure to yield motorcycle accidents.
In addition, some crashes involve multiple vehicles where one vehicle fails to stop when reaching an intersection or pulling out in front of a motorcycle. Sometimes, the motorcyclist is at fault for speeding or simply not seeing another vehicle in time because they were riding too close to other traffic.
Car and truck drivers also share responsibility for motorcycle accidents when they are following too closely, turn into the path of another vehicle, or take an exit without checking their rear-view mirrors.
Your Legal Rights
If you have been injured in a crash caused by another driver's negligence, you have the right to take legal action against that driver for damages.
For example, if you cannot work because of injuries suffered in a motorcycle crash, your claim may include the loss of future income. Other losses resulting from property damage, lost wages, or medical bills could also be added to your case.
The Chicago personal injury lawyers at Rosenfeld Injury Lawyers LLC offer free consultations to accident victims who have suffered injuries in Illinois bike accidents. Your attorney will be happy to review your motorcycle accident case and explain your legal options when it comes to seeking compensation for pain and suffering, medical costs, lost income, and more. We serve clients throughout Chicago and the surrounding communities of Schaumburg, Oak Brook, Palatine, Oak Lawn, Rolling Meadows, and Winnetka.
Hiring a Chicago Failure to Yield Motorcycle Accident Attorney
The Chicago motorcycle accident attorneys at Rosenfeld Injury Lawyers LLC are committed to protecting the legal rights of motorcyclists with severe injuries. Were you or your family member injured in a crash in Illinois?
If so, our personal injury attorneys have years of experience securing the maximum financial compensation you are entitled to under the law.
Our Chicago car accident lawyers currently represent clients throughout the United States, Illinois, and Chicago, including Cook County, DuPage County, Kane County, Lake County, Will County, Aurora, Chicago, Elgin, Naperville, and Schaumburg. Contact our personal injury law firm today for a free consultation.
Driver's Failure to Pay Attention Leads to Chicago Motorcycle Crashes
The National Highway Traffic Safety Administration conducted a study based on 2015 crash data involving fatal injuries to motorcyclists to determine the cause of the accidents. While motorcyclists had their fair share of blame in many accidents, drivers of other vehicles have also often been at fault.
Some of the findings included:
Of the 4,722 fatal motorcycle crashes, 55% were involved in two-vehicle crashes. Of these crashes with passenger vehicles, 98% of the fatalities were either the driver or passenger of the motorcycle; only 2% were in the other vehicle.
About 36% of the accidents involved the at-fault driver failing to yield versus 4% of the motorcycle drivers. Drivers of passenger vehicles failing to yield were the highest percentage of any driver-related factor in all the accidents.
Nearly 27% of accident cases involving a motorcycle and motor vehicle occurred because the victim was hit by the driver who failed to obey the road's red light, stop sign, and left-turn rules.
Almost 90% of the crashes happen on non-interstate roadways. Half of these failure to yield accidents happened at intersections where motorists yielding to a biker with the right of way is a significant issue when drivers ignore traffic control devices.
Driver distraction is also a major factor in many motorcycle accidents. Distraction due to cell phone usage led to 1,500 deaths and more than 1,000 injuries in 2014 alone. Distracted driving was reported as a factor in 28% of all fatal crashes.
Impaired driving makes up a small percentage (9%) of motorcycle accidents, but it is often the motorcyclist's fault. Failure to yield by the drunk biker occurs in about 400 fatal crashes per year. Speeding and incapacitation were also factors in some cases.
An accident due to another driver's failure to yield to motorcycles was paramount in the study, showing that vehicle drivers either do not see motorcycles or refuse to yield to them when driving.
In addition, data shows that failing-to-yield and defensive merging are common causes of motorcycle accidents and the factor listed in over 800 motorcycle rider wrongful deaths each year.
A California study determined that in 2009, about 40% of all failed to yield motorcycle crashes were caused by another motorist. The same study determined that 81% of these accidents resulted from the other vehicle failing to yield.
Why Vehicles Fail to Yield to Motorcycles
It is unlikely that drivers and other vehicles will ignore the law and not yield to motorcycles. Instead, either reckless or distracted driving is more likely the reason for this lack of judgment.
Motorcycles are smaller and easily missed in the vehicle's blind spot, especially when drivers are not paying attention.
Common reasons a driver might not yield to a motorcycle:
- Distracted driving: Cell phones, electronic devices, other passengers, and many other distractions can take a motor vehicle driver's focus off the road. Not only is the use of electronic devices while driving a dangerous habit, but it also violates the Illinois rules of the road.
- Impaired driving: Alcohol and other substances that impair a person's judgment behind the wheel are a constant danger when used when driving.
- Drowsy driving: Many motorists drive with too little sleep and might not be as alert as necessary to operate their vehicles safely.
- Speeding: When drivers rush to get to their destination,they might ignore traffic control devices. For example, if a driver is proceeding through an intersection too quickly, they may fail to see oncoming traffic or an approaching motorcyclist.
In many motorcycle collisions, insurance companies are quick to point out that the motorcyclist was at fault.
Insurance companies might avoid paying motorcycle accident claims by claiming that the biker was speeding or made an unsafe maneuver. It is often one of the most challenging parts of successfully litigating a personal injury claim after a motorcycle crash caused by reckless passenger vehicle drivers.
Motorcycles are considered the most dangerous form of transportation due to their small size and lack of protection for riders. However, following safety precautions like not driving impaired, staying focused on the road, and obeying traffic laws goes a long way toward ensuring the rider's safety and increases the likelihood of avoiding failure to yield motorcycle accidents.
Our Commitment to Protecting Injured Motorcycle Riders
Rosenfeld Injury Lawyers LLC knows how horrific injuries in a collision can be for a motorcyclist and their passenger. Many of our current and former injury case clients have severe injuries, including bone fractures, spinal cord injuries, or severe head trauma.
We appreciate the devastation accident victims deal with every day and how their injuries may change their life forever. Many accident survivors deal with a loss of enjoyment, disfigurement, traumatic brain injury, broken bones, and organ damage.
When our law firm is retained, our legal team begins gathering evidence to build a failure to yield motorcycle accidents case for an insurance company settlement or jury trial.
Our Chicago accident attorneys regularly:
- Order police reports
- Take statements from witnesses
- Depose defendants
- Request medical records and medical bills
- Retain professional accident investigators
- Negotiate with the at-fault driver's insurance company
Failure to Yield Motorcycle Accident FAQs
Our personal injury law firm understands many families have unanswered questions about contacting an insurance company to recover financial compensation after being involved in a failure to yield accident. A motorcycle injury attorney has answered some of those questions below.
Call our law firm at (888) 424-5757 (toll-free phone number) or use the contact form for additional information.
What Is the Number One Cause of Motorcycle Accidents?
Bikers are most in danger when passenger vehicles and commercial trucks make a left-hand turn into oncoming traffic. The National Highway Traffic Safety Administration (NHTSA) shows that about 42% of all motorcycle crashes happen when vehicles turn left into the biker's right-of-way.
Typically, Bikers are struck by other motorists and truck drivers when the commercial vehicle or truck turns right into the motorcyclist's pathway while going straight through an intersection.
What Are the Odds of Dying in a Motorcycle Crash?
Statistics maintained by the National Safety Council show that bikers have a one in 770 chance of dying in a motorcycle collision. This lifetime chance of dying is slightly lower than a one in 649 chance of dying in a pedestrian accident.
Car accidents fatalities rank one in 303, slightly less than dying of a brain tumor (one in 298). Alternatively, dying in an airplane accident is ranked one in 7032.
What Are the Causes of Motorcycle Accidents?
The leading causes of motorcycle crashes involve unsafe lane changes, lane splitting, DWI (driving under the influence of alcohol or drugs), speeding, illegal left turns, inexperienced motorcycle drivers, and sudden stops.
Motorcycle crashes can cause severe consequences, including spinal cord damage, brain injuries, broken bones, severed limbs, etc. In addition, the commercial or passenger vehicle driver often collides with motorcycle riders because the driver fails to follow the failure to yield laws.
Do Motorcycle Helmets Save Lives?
Many motorcycle crash deaths could have been prevented had the biker taken preventative measures by wearing a helmet. Unfortunately, Illinois does not have a universal helmet law that requires motorcyclists to wear protective gear.
According to the National Highway Traffic Safety Administration (NHTSA), in 2016, over 1850 lives were saved when the biker and passenger wore helmets. In addition, research indicates that wearing a helmet reduces the risk of dying by 37% if involved in an accident.
What Is the Most Common Motorcycle Injury?
The severity of any injury depends on the unique circumstances of the accident and how many vehicles are involved. That said, disabling injuries often occur in failure to yield motorcycle accidents, including spinal cord damage, severed limbs, traumatic brain injury (TBI), and paralysis.
What Time of Day to Most Motorcycle Accidents Happen?
The National Highway Traffic Safety Administration (NHTSA) maintained that 52% of all motorcycle accidents involving fatal injuries happen on weekend nights. Statistically, most of these fatal accidents occur between 3:00 PM and 9:00 PM.
During this time of day, the roads are filled with many car and truck drivers. But, unfortunately, it is typically the other driver's failure to yield when the accident happened, leading to catastrophic results.
Chicago Motorcycle Accident Lawyers Representing Injured Cyclists
Rosenfeld Personal Injury Lawyers LLC diligently fights for injured motorcyclists involved in accident cases where drivers failed to yield, causing significant harm and damage to our clients.
Were you or a loved one injured in a motorcycle crash? If so, our personal injury lawyers will defend your right to recover financial compensation for your injuries, property damage, lost wages, and medical expenses.
Contact our failure to yield motorcycle accident lawyer had (888) 424-5757 (toll-free phone number) or fill a contact form to schedule a no-obligation, free consultation to discuss an auto accident claim for compensation. All discussions with our experienced Chicago, IL motor accident attorneys remain confidential through an attorney-client relationship.
Each motorcycle accident lawyer at our law firm will accept a failure-to-yield accident case and wrongful death suit through a contingency fee agreement. This promise ensures you will owe us no fees until your motorcycle crash case is resolved through a negotiated settlement or jury award.