I Was In a Motorcycle Accident But Was Not Wearing a Helmet–What Now?

Motorcycle accidents can result in devastating injuries, and the legal implications surrounding these incidents are complex. One significant factor that influences the outcome of a motorcycle accident case is whether the rider was wearing a helmet at the time of the accident. Not all states require this critical safety gear, however. Here is what to expect if you have been involved in a motorcycle accident in Illinois but were not wearing a helmet at the time.

Am I Legally Required to Wear a Helmet?

No, you are not legally required to wear a helmet while operating a motorcycle in Illinois. Actually, Illinois is one of only three states without laws requiring some sort of helmet use.  Illinois once had a helmet law, but it was abolished in 1969 when it was deemed unconstitutional by the Illinois Supreme Court. The other states without a helmet law are Iowa and New Hampshire. For this reason, it is important to know that many states do have laws if you intend to take your motorcycle for a long ride out of state. The only thing that is required of motorcycle operators is that they are protected by glasses, goggles, or a transparent shield.

Consequences of Not Wearing a Helmet 

Even if the law doesn’t require a motorcycle rider to wear a helmet, it doesn’t mean it’s a wise choice to skip it. Unlike automobile and truck drivers, motorcycle riders aren’t protected from impacts at the front, sides, rear, or top. In a crash, riders will fall directly to the ground, leaving them more vulnerable to serious injury.

• Broken bones and fractures
• Concussions
• Dental injuries
• Ear damage
• Eye damage
• Lacerations
• Permanent disfigurement
• Traumatic brain injuries (TBIs)

According to data from the NHTSA, helmets reduce the risk of death in motorcycle accidents by about 37 percent. Motorcyclists should also wear protective eyewear, such as goggles or face shields, protective clothing to reduce road rash and lacerations, and gloves to protect their hands from injuries.

Impact on Insurance Claims

You may think that because you are not legally required to wear a helmet while riding a motorcycle in Illinois, this will have zero impact on recovering damages in the event that you are in a motorcycle accident and were not wearing a helmet at the time. However, insurance companies often view it differently. There is bias against motorcycle drivers regardless of whether or not they are wearing a helmet. If you were not wearing a helmet, they may try to use that fact to reduce their liability and limit your compensation. Many insurance companies view the decision not to wear a helmet as a contributing factor to the extent and severity of the injuries sustained. They may argue that not wearing a helmet worsened the injuries, leading them to reduce the compensation for your medical expenses. This means that, even if you weren’t at fault for causing the accident, the insurance provider might still consider you partially responsible for the severity of the injuries and offer less than the full compensation needed to cover your medical costs.

Comparative Negligence 

Something called “comparative negligence” can affect your ability to recover the full amount from a party who caused the accident. Illinois follows a “comparative negligence” law, which means that multiple parties can share fault in an accident. Comparative negligence allows an injured party to recover damages only if they are found to be less than 50 percent at fault for the accident. However, the compensation will be reduced by the percentage of fault assigned to the injured party. 

If you are 50% or less at fault, you can still recover damages, but the settlement will be reduced by your percentage of fault. For example, if you’re 20% at fault and the other driver is 80% at fault, you can collect damages, but the insurance company may only offer 80% of your total damages.

Comparative negligence is determined by evaluating the facts of the case. The percentage of fault attributed to each party is often disputed. If a settlement cannot be reached between your attorney and the insurance company, the case will be taken to court, where a judge or jury will decide the allocation of fault.

Not wearing a helmet might factor into the allocation of fault. This means that the choice not to wear a helmet can reduce how much you ultimately recover. Even if comparative negligence reduces the compensation you are entitled to because you weren’t wearing a helmet, it does not mean you are entirely barred from seeking damages. For instance, if your attorney can show that the other driver caused the accident by looking at his phone while driving, you will be awarded damages despite not wearing a helmet. The ultimate amount that you recover, however, could be reduced if the other side successfully argues that you would be less injured had you been wearing a helmet. An experienced motorcycle accident attorney will fight to maximize the damages that you can receive, even if you were not wearing a helmet at the time of the accident. 

What Damages Can I Receive?

Depending on the specifics of your case, you may be entitled to compensatory damages from the party responsible for your motorcycle accident. These damages could include reimbursement for medical expenses, such as ambulance transport, acute treatment, and rehabilitation or physical therapy. Additionally, you may receive compensation for time lost at work due to your recovery, as well as repair costs for your motorcycle. Damages for pain and suffering may also be included, along with potential punitive damages, depending on the circumstances surrounding the accident.

Contact a Peoria Motorcycle Accident Lawyer

Knowing what to do after a motorcycle accident can be overwhelming, especially when faced with serious injuries and mounting medical bills. In Illinois, wearing a helmet while riding a motorcycle is your choice. Regardless of this decision, drivers must respect motorcyclists’ rights on the road. If you’re involved in an accident, your choice to wear—or not wear—a helmet shouldn’t affect your ability to seek compensation. Speak with an experienced Peoria motorcycle accident attorney today.