Can I Still Sue for Personal Injury in an Illinois Motorcycle Accident if I Was Not Wearing a Helmet? 

 Posted on February 28, 2022 in Personal Injury

As Illinois weather begins to slowly warm, many motorcyclists are waiting for the day when the streets are safe and dry and the weather is conducive for taking the first ride of the season. While the research on the benefits of using a helmet during motorcycle use is clear, the feeling of the sun on your face and the wind in your hair can tempt even the most experienced riders to leave home without head protection.

Unfortunately, motorcycle accidents are common, perhaps more so in the spring when cars are not used to seeing motorcycles on the road and are not as watchful. Motorcycle riders can be seriously injured and killed in accidents and this is especially true if the rider is not wearing a helmet. If a helmetless rider got into an accident because of the actions of another driver, but was more seriously injured because of the failure to wear a helmet, he or she may wonder whether this will impact their ability to pursue fair compensation for their injuries. While an experienced Illinois personal injury lawyer is the best person to answer questions about your unique case, this blog provides a brief overview of how helmet use may or may not affect your case.

Motorcycle Accidents without Helmets

Helmet use can affect not only the outcome of a motorcycle driver or passenger’s injuries, but the outcome of a personal injury lawsuit as well. In Illinois, a personal injury lawsuit can still be possible, even when the actions of the driver who was not directly responsible for the accident made the situation worse. This includes speeding, failing to use turn signals, or not wearing a helmet. If the injured motorcyclist was not more than 50 percent responsible for his or her injuries, a claim for partial compensation may still be possible.

For example, if a motorcyclist without a helmet was driving through an intersection and was t-boned by a car that ran a red light, the lack of a helmet could contribute to serious and even life-threatening injuries. Yet the driver of the car would still be responsible for causing the accident and will carry the majority of fault. While it can be tricky to estimate exactly what percent of a motorcyclist’s injuries the lack of a helmet is responsible for, if not wearing a helmet contributed to 30 percent of a rider’s injuries, their compensation claim could be reduced by 30 percent.

Meet with an Experienced Joliet Motorcycle Accident Lawyer

At Schwartz Injury Law, we take every case seriously and will do our best to determine whether you are likely to have a successful personal injury case. We understand that pursuing a lawsuit after a catastrophic motorcycle accident can be difficult; that is why our skilled Joliet motorcycle accident lawyers fight passionately on behalf of our clients to help them get the money to which they are entitled. Call us today at 708-888-2160 to schedule your free case review and learn more about your options.

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-401 

https://injuryfacts.nsc.org/motor-vehicle/occupant-protection/motorcycle-helmets/