Will Not Wearing a Helmet Impact My Injury Claim?

Motorcycle accidents often result in severe injuries due to the lack of external protection. One question frequently arises: does not wearing a helmet affect your injury claim? While Illinois does not mandate helmet use, this choice can influence the outcome of your case. Our attorneys at Brassfield & Krueger, Ltd. can help you determine the impact of not wearing a helmet on your injury claim.

The Importance of Wearing a Motorcycle Helmet

A motorcycle helmet is one of the most critical pieces of safety equipment for riders. According to the National Safety Council (NSC), helmets save lives and prevent traumatic brain injuries (TBIs). In 2022, about 66.5% of motorcycle riders wore helmets, a slight increase from the previous year. Helmets drastically reduce the risk of head injuries, which are often the most severe and life-threatening outcomes of motorcycle accidents.

Influence on Injuries and Deaths

Helmets can be the difference between life and death in a motorcycle crash. They are designed to absorb the force of an impact, reducing the severity of head injuries. Despite the safety advantages, some riders choose to exercise their right to ride without a helmet, which can complicate injury claims following an accident.

Motorcycle Helmet Laws in Illinois

Illinois is one of the few states that does not require motorcyclists to wear helmets. However, while it is legal to ride without a helmet, doing so can still have significant implications in a personal injury case.

Legal Implications of Not Wearing a Helmet

In Illinois, even though you are not legally required to wear a helmet, failing to do so can still negatively impact your injury claim. Illinois follows the principle of comparative negligence, meaning the compensation you receive can be reduced if you are found partially at fault for your injuries. For instance, if you suffer a head injury in an accident and were not wearing a helmet, the defense might argue that your injuries were exacerbated by your decision not to wear protective gear.

Factors Influencing Your Ability to Seek Compensation

Several factors influence your ability to seek compensation after a motorcycle accident, especially if you were not wearing a helmet.

Proving Negligence

To succeed in a personal injury claim, you must prove that the other party was negligent and responsible for the accident. If you were not wearing a helmet, the opposing party might argue that your injuries were more severe due to your own negligence, thus reducing their liability.

Modified Comparative Negligence

Illinois uses a modified comparative negligence system, allowing you to recover damages even if you are partially at fault. However, your compensation will be proportionally reduced. For example, if you are awarded $100,000 but found to be 20% at fault for not wearing a helmet, your compensation may be reduced to $80,000.

Medical Evidence

Medical evidence plays a crucial role in personal injury claims. Testimony from medical professionals and detailed medical records can help establish whether your injuries would have been less severe had you worn a helmet. If the primary injuries are to areas other than the head and neck, it may be easier to argue for full compensation.

Seek Legal Guidance Immediately

While Illinois law permits riding without a helmet, doing so can significantly impact your injury claim in the event of an accident. The complexities of comparative negligence and proving the extent of liability make it imperative to consult with experienced legal professionals.

If you have been involved in a motorcycle accident, contact Brassfield & Krueger, Ltd. today for a consultation. Let us help you navigate the legal landscape and secure the best possible outcome for your case.