Motorcycle Accidents: Recovering Claims and Wearing Helmets

Any time a person is in a motorcycle accident, there is a significantly higher risk of injury or fatality than if they were in an accident in a different type of vehicle. While 47 states have motorcycle helmet laws, Illinois does not currently have one. This means that if you are in a motorcycle accident and you are not wearing a helmet, you may still be eligible to recover damages.

It is important to note that it is imperative for you to wear a helmet. Your safety is the most important factor when you are on the road, especially on a motorcycle. Even though you may be able to recover damages if you were in a motorcycle accident and were not wearing a helmet, please take all proper safety precautions. It could mean the difference between life and death. A Chicago motorcycle accident attorney can help you determine fault and recover damages.

Types of injuries in Chicago motorcycle accidents

There are several types of injuries that you can have on a motorcycle, and these might affect your ability to recover damages and receive compensation.

• Wearing a helmet, no neck or head injury. If you are in a motorcycle accident and were wearing a helmet, and also did not suffer a head or neck injury, this could mean you were cycling at low speeds, like through a neighborhood or on a country road. It could also mean that you were simply taking the proper safety precautions in order to ensure your safety on the road.
• Not wearing a helmet, but no neck or head injury. It is legally irrelevant to bring up the status of your helmet if you did not sustain any head or neck injuries. You may still be entitled to damages for other injuries if another party was negligent or otherwise in your accident, but if you don’t have a head injury and weren’t wearing a helmet, this point is completely moot.
• Wearing a helmet, sustained head or neck injuries. This is key. If you sustain head or neck injuries while wearing your helmet, and were in a motorcycle accident, the manufacturer of the helmet might share some of the responsibility for your injuries. All liable parties can be held responsible for your injuries, pain and suffering, and any time missed from work.
• Not wearing a helmet, sustained head or neck injuries. It may be difficult for you to recover compensation for a head or neck injury sustained while not wearing a helmet. Even though Illinois does not have a state helmet law, you might be assessed as being “comparably negligent.” This means that, while there may be some responsible party for your injuries, you yourself are equally as responsible because you were not taking the proper safety precautions at the time of the accident. If you suspect that you were not comparably negligent, it is best to contact your lawyer.

Never forget that wearing a helmet could mean the difference between life and death and could forever change the makeup of your brain should you be in an accident. Always exercise the proper precaution, and go above and beyond to protect yourself when on the open road.

If you or a loved one has been injured in a motorcycle crash, you are entitled to an honest investigation of the responsible parties for your accident. Whether or not you were wearing a helmet, it is important to make sure that you are adequately represented and have an advocate to work on your behalf. Gainsberg Injury and Accident Lawyers is an honest group of attorneys that wants to work with you to hold accountable any responsible party. For a complimentary consultation, call 312-600-9585 or contact us today.