FOLLOW US ON
Your motorcycle may be your mode of transportation to work. Or riding could be your weekend pursuit, escaping the Interstate 55 congestion around Chicago to flee along the back roads for sport and fresh air.
You also know how dangerous it can be sharing the road with larger vehicles, even though you maintain your motorbike, follow all traffic rules, and wear protective gear. If you are injured by a careless motorist, it is helpful to understand the Chicago motorcycle helmet laws, and how they could factor into an insurance settlement or jury award for compensation. Our experienced motorbike collision attorneys offer some insight.
Illinois once had a helmet law based on the federal mandate in 1967 that construction projects and safety project funding were only available if states imposed mandatory helmet laws. The Illinois Supreme Court repealed it in 1970, and to date, motorcyclists and their passengers are not required to wear helmets to ride, one of the only states with no helmet law. They must, however, wear eye protection, which can be as basic as shatterproof sunglasses. If they have no sunglasses, then goggles can work, or otherwise must have a proper windshield.
Despite the lax laws for Illinois motorcyclists, documentation exists from the Center for Disease Control and Prevention that about 42 percent of motorcyclists killed in accidents were not wearing helmets and states that require helmets save eight times as many lives than those that do not. Our attorneys know that failing to wear a motorcycle helmet in Chicago is not against the law but can complicate a case.
The Illinois Department of Transportation’s recent study revealed that Chicago motorcyclists wore helmets at a lesser rate than the rest of Illinois. Chicago bikers wear helmets 37.8 percent of the time, compared to 44 percent of Illinois riders who wear them. Motorcyclists are involved in just 1.5 percent of all crashes in Illinois, but 15.7 percent of all motor vehicle crashes involve motorcycle fatalities. Insurance companies are aware of these statistics and, if motorcyclists are badly injured when not wearing a helmet, will use it against them. Consult a Chicago lawyer to discuss a plan of action after an accident where no helmet was worn.
Illinois law for personal injuries, those accidents in which one party is responsible for injuries to another, also addresses situations when the injured party is partly responsible, called contributory negligence. According to 735 Illinois Consolidated Statutes 5/2-1116, as long as the injured party is 50 percent or less responsible for an accident, they are still entitled to compensation, which is reduced by their percentage of fault. This is the point where insurers, and possibly jurors, will rationalize why compensation should be reduced for not wearing a helmet, even though one is not required by law. Insurers embroiled in settlement negotiations will point to the plaintiff and exclaim that if only they had worn a helmet, their injuries would have been negligible. This is their excuse to make a lowball offer.
Chicago attorneys do not fall for these tactics that rely on motorcycle helmet laws in other states. Motorcyclists are not required to wear them in Illinois, and if a motorcyclist is injured because of a motorist’s negligence, we are dedicated to our clients’ needs and to get them the most compensation possible.
Motorcycle accidents are statistically catastrophic and if you are in one, you face an uncertain future financially, emotionally, and physically. You should not have to worry about how to pay for medical and rehabilitative care if someone else caused your plight.
The skilled personal injury attorneys at McCready Law understand your plight and concerns about liability if you were not wearing a helmet when a motorist hit you. Let us review your circumstances and advise you about your options. We consider Chicago motorcycle helmet laws when planning your legal action, and can explain what it means for your future during a free consultation.