How Do Helmets Influence Personal Injury Lawsuits Involving a Motorcycle Accident?

 Posted on April 23, 2020 in Personal Injury

For motorcycle enthusiasts, nothing compares to the feeling of the first motorcycle ride of spring. Illinois winters can be especially dreary, so many motorcyclists are eager to get back on the road as soon as warmer weather arrives. Unfortunately, motorcycle accidents are not uncommon, and many result in serious injuries or death. Experts estimate that motorcyclists are about 27 times more likely to die in a traffic accident than motorists driving a car. A person who is hurt in a motorcycle accident may be left with substantial expenses that are not covered by health insurance. If another party’s negligence led to the accident, it is very possible that the injured person will be entitled to compensation. If negligence led to a motorcyclist’s death, his or her surviving family may also be entitled to compensation.

What If I Was Not Wearing a Helmet?

Wearing a helmet while riding a motorcycle is similar to wearing a seatbelt in a car. Everyone knows that these precautions help prevent injuries in the event of an accident, but they may not always remember to take these precautions. Motorcyclists hurt in an accident often wonder if they can still collect compensation for an accident even if they were not wearing a helmet. While helmets are not required by Illinois law, failure to wear a helmet can impact Illinois personal injury claims involving motorcycle accidents.

It is important for motorcyclists to know that they can pursue compensation via an injury claim even if they were not wearing a helmet at the time of their accident. Illinois personal injury claims are subject to “modified comparative negligence.” This means that an injured party can still bring an injury lawsuit even if he or she partially contributed to his or her own injuries. As long as the injured party is not found to be more than 50 percent responsible for his or her injuries and property damage, he or she may still be eligible for partial compensation. If the injured party is found to be partially responsible for his or her injuries, the compensation he or she receives may be reduced according to his or her percentage of fault. For example, if a motorcyclist was not wearing a helmet when he or she was struck by a drunk driver, it could be argued that his or her head injuries would have been reduced if he or she was wearing a helmet. However, the drunk driver still holds the majority of fault for the accident. If the motorcyclist was found to be 25 percent at-fault for his or her injuries, the compensation he or she receives is reduced by 25 percent.

Contact an Elmhurst Motorcycle Accident Lawyer

If you or a loved one have been hurt in a motorcycle accident caused by another person’s negligence, you may be entitled to compensation. To learn more, contact an experienced Cook County personal injury attorney from Schwartz Injury Law. Call us at 630-415-0500 today and schedule a free consultation with one of our knowledgeable attorneys to discuss your case.

Source:

https://www.iii.org/fact-statistic/facts-statistics-motorcycle-crashes