Can I Bring a Successful Motorcycle Accident Injury Claim Even if I Was Not Wearing a Helmet?

 Posted on July 31, 2020 in Motorcycle Accidents

For many Illinois residents, riding a motorcycle is one of the highlights of summer. Although a motorcycle can be an enjoyable mode of transportation, it is also one of the riskiest ways to travel. Statistics show that just under half of all motorcycle accidents result in serious injury. Motorcyclists are also 29 times more likely to die in an auto accident than drivers in passenger cars. Traumatic brain injuries, spinal cord injuries, and other life-changing injuries are commonly caused by motorcycle accidents. In many cases, wearing a helmet can reduce the risk of serious injury. If you or a loved one were hurt in a motorcycle crash in Illinois, you may have questions about how helmets influence personal injury claims involving motorcyclists.

Illinois Law Regarding Motorcycle Helmets

Illinois is one of a handful of U.S. states that do not have a mandatory motorcycle helmet law. Helmets are strongly encouraged, but a motorcyclist cannot receive a citation for not wearing a helmet. However, the law does require motorcycle drivers and passengers to wear eye protection. Glasses or sunglasses made of shatter-resistant material, goggles, or a transparent shield are all acceptable forms of eye protection. Although not required by law, research shows that helmet use significantly reduces the likelihood of serious injury to the face, head, and neck during a motorcycle accident. If an injured motorcyclist was not wearing a helmet or eye protection at the time of his or her accident, it is very possible that this fact will influence his or her personal injury claim.

Pursuing Compensation for a Motorcycle Accident

Motorcycle collisions can cause horrific injuries that result in massive medical expenses. An injured motorcyclist may also be unable to work for months or even years after his or her accident. Fortunately, it may still be possible for an injured motorcyclist to receive compensation for these and other expenses even if he or she was not wearing a helmet or other protective gear at the time of his or her accident. Personal injury claims in Illinois are subject to a legal doctrine called “modified comparative negligence.” If an injured party is found to be less than 51 percent responsible for an injury-causing accident, he or she may still pursue compensation through an injury claim. However, the amount of compensation that he or she is entitled to is reduced by his or her percentage of fault.

Contact a Lake County Personal Injury Attorney

Through a personal injury claim, an individual hurt in a motorcycle accident may receive compensation for his or her medical bills, ongoing medical care, lost wages, property damage, pain and suffering, and much more. To learn more about seeking compensation after a motorcycle accident, contact a skilled Waukegan motorcycle accident lawyer at Salvi & Maher, L.L.C. Call us today at 847-662-3303 and schedule your free, no-obligation initial consultation.

Sources:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4779790/

https://carsurance.net/blog/motorcycle-accidents/

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1815&SeqStart=132200000&SeqEnd=134100000