Despite attempts to pass legislation that would require motorcycle riders and passengers in Illinois to wear helmets, there is currently no law requiring helmet use. Those who ride in Illinois often travel to surrounding states, so it’s worth knowing the law in those states, too. Iowa does not require riders to wear helmets, while Indiana and Missouri require riders under certain ages to wear helmets.
While helmet laws vary from state to state, the duty of care does not. A duty of care can refer to motor vehicle drivers’ responsibility to act cautiously, which includes taking all available measures to avoid hitting riders. If a motor vehicle driver violated their duty of care and harmed you or a loved one as a consequence, a motorcycle accident attorney will fight for compensation covering your damages.
Helmet Laws Do Not Affect Who Is Liable for Motorcycle Accidents in Illinois (and Elsewhere)
Helmet laws are relevant to anyone trying to abide by traffic laws. However, the fact that someone was not wearing a helmet is not relevant to who caused the accident. Rather than focusing on whether or not a rider was wearing a helmet when an accident happened, a capable lawyer will focus on the following:
Why the Collision Happened
Motorcycle accidents happen in Illinois for a wide range of reasons—most of which have nothing to do with the rider’s actions. Your collision may have occurred because of the following:
- A negligent motor vehicle driver: Speeding is a factor in many serious accidents, and it’s just one type of negligence by motor vehicle drivers that can injure and kill riders. Distracted driving, impaired driving, and tailgating are other dangerous acts that put riders in extreme danger.
- A dangerous roadway in Illinois: Municipalities throughout Illinois, including Chicago, can be liable if road conditions within their control result in motorcycle accidents. Such hazardous road conditions may include flawed driving surfaces, defective traffic signals, absent stop and yield signs (and other signage), and inadequate lighting near the roadway.
- Adverse weather conditions: Vehicle owners, drivers, and municipalities must take extra precautions when the weather is poor. Illinois’ roads only become more dangerous in the winter, when hazards like snow and high winds can reduce visibility, cause drivers to lose control, and place everyone in harm’s way.
- Defects in a motor vehicle or your motorcycle: When brakes, tires, or other vehicle components are defective, the likelihood of accidents rises dramatically. Whether the defect is in a motor vehicle or motorcycle, a manufacturer can be liable when their defective components lead to injury or death. A vehicle owner can also be liable if the defect is their fault.
- A pedestrian’s carelessness: When riders have to brake or swerve suddenly, they face the risk of falling off the bike or striking objects at a high speed. If a pedestrian enters a rider’s path, they may cause such potentially harmful outcomes.
Even if a rider is wearing a helmet, they have little to protect them from an oncoming vehicle, a scrape with the roadway, and other harmful events that occur when accidents occur. Your attorney will identify the cause of your accident as an early (and important) step in building your case.
Who Caused the Accident
Accident investigations lead lawyers to at-fault parties. Your attorney will determine exactly whose negligence caused your motorcycle accident in Illinois.
Who Is Responsible for the Injured Rider’s Damages
Identifying the party or parties who caused your accident is a key step in any motorcycle accident case. The at-fault party may or may not be the party your lawyer ultimately seeks compensation from.
For example, consider a scenario where a speeding truck driver strikes a motorcycle from behind. Those who may be financially responsible for such an accident include:
- The truck driver who collided with the rider
- The trucking company that employs the at-fault driver
- The manufacturer of a truck (if, for example, your lawyer discovered the truck had faulty brakes)
- Insurance companies covering any of these parties
When a lawyer refers to “establishing liability,” they mean identifying all parties who may owe the accident victim money.
How a Rider May Get Fair Compensation for Their Damages
Motorcycle accident lawyers’ primary duty is to get their clients fair compensation. They may do this by:
- Filing insurance claims
- Filing lawsuits
- Winning court cases
Some cases involve some combination of these approaches, as breakdowns in insurance settlement negotiations can prompt lawsuit filing.
Allow a qualified Illinois motorcycle accident attorney to investigate your accident, form a strategy for your case, and demand the compensation you deserve from those who are liable for the collision.
Those Responsible for Motorcycle Accidents May Invoke Helmet Use Against You—A Lawyer Won’t Let Them Get Away with It
If you were in an accident and weren’t wearing a helmet, expect this fact to be held against you. Those who have financial responsibility for your accident may allege that:
- You would not have suffered certain injuries if you were wearing a helmet
- Your decision not to wear a helmet is indicative of a larger pattern of recklessness
- The liable parties are not responsible for the full cost of your accident-related damages (due to your decision not to wear a helmet)
These are not fair or credible arguments against an injured rider. The only relevant fact is that someone else caused your accident, and they are therefore responsible for the harm you’ve experienced because of that accident.
An experienced motorcycle accident lawyer will be familiar with this brand of victim-blaming. They will neutralize these baseless arguments for you.
Can I Get Compensation for a Motorcycle Accident If I Wasn’t Wearing a Helmet?
You should receive fair compensation if you did not cause a motorcycle accident. Even if you are partially at fault for an accident, you can secure compensation for certain accident-related damages.
Read this carefully: It’s not your responsibility to wear a helmet in a state that does not require it. It is, however, a duty for motorists and others to protect riders. If you suffered an injury in a collision that someone else caused, you deserve fair compensation.
Injured Riders and Lawyers Can Be a Successful Combination After an Accident—a Few Reasons Why
Whether it’s your first motorcycle accident or you have been in a collision before, hiring an attorney may be the right decision for you. In many cases, injured riders:
- Have brain injuries, post-traumatic stress disorder (PTSD), and other health conditions that affect their ability to think, solve problems, and manage stress
- Have little experience with motorcycle accident insurance claims and even less experience with lawsuits
- Are at risk from insurance companies’ bad-faith tactics (which are often meant to withhold compensation from the injured rider)
- Can benefit from the advice and protection of an experienced attorney
Motorcycle accident lawyers have plenty to offer injured riders, including:
- The ability to handle the entirety of the case, which may be a weighty load off the client’s mind
- Monetary support for the case, including cover the cost of all filing costs and expert
- Familiarity with insurance companies, which may reduce the risk of bad-faith tactics causing an adverse claim outcome
- Experience, which may be their most important asset
A tested motorcycle accident lawyer will also know how to calculate your damages accurately. This is critically important, as you may have only one opportunity to obtain a fair settlement or verdict—the amount you seek must be accurate.
Many Motorcycle Accident Lawyers Also Handle Wrongful Death Cases in Illinois
When a rider dies from accident-related injuries, legal action may result from their wrongful death. Many motorcycle accident lawyers also handle wrongful death cases, in part because they know riders are at a heightened risk for fatal injuries.
Those who lose a loved one because of a fatal motorcycle accident are:
- Generally dealing with grief, which may be debilitating and last for months or longer
- Often dealing with funeral arrangements, estate-related matters, and other obligations that leave little time for anything else
- Entitled to justice for their loss, and that’s exactly what a motorcycle attorney will demand from liable parties
Wrongful death victims are clear candidates for hiring a motorcycle accident lawyer. An attorney is a shield for clients who often do not want to deal with the distressing details of insurance claims and lawsuits.
A Lawyer’s Blueprint for Getting Justice for an Injured Rider
Like many blueprints, your lawyer will put their own impressions on this general outline. Each motorcycle accident survivor (and loved one touched by a wrongful death) deserves their own personalized case plan, and you should expect as much from your attorney.
There is a common approach for lawyers to resolve motorcycle accident cases, though, and that blueprint includes the following:
Protecting the Client from the Jump
Once you hire a lawyer, they serve as an impenetrable barrier between you and anyone who wishes you, or your case, harm. Some ways your attorney will protect you include:
- Dealing with insurance companies on your behalf, as these companies do not always wish the best for claimants like your
- Helping you craft written (rather than verbal) statements whenever possible
- Advising you before you make any case-related decisions
- Giving firm, transparent advice at every turn of your case
Your lawyer will be ready for deceptive practices, challenges to your claim, and lowball offers from liable parties. They will prepare their case with these kinds of bad-faith tactics in mind.
Obtaining Evidence to Prove Fault for Damages
Who pays for a motorcycle accident comes down to a pressing question: Who caused it?
Your attorney will use available evidence to prove who caused your collision. Video of the accident, witness statements, reconstructions of the accident, and expert testimony are some types of evidence lawyers often rely on.
Securing Medical Records and Other Documentation of Damages
Those who owe you compensation may challenge the nature of your losses and the value of your case. Air-tight documentation of your losses can neutralize these challenges, and such documentation may include:
- Bills detailing bike repairs and other expenses related to the accident
- Your doctors’ written evaluations of your injuries and symptoms
- Medical bills detailing treatment received after the collision
- Experts’ testimony about your injuries, pain and suffering, and accident-related expenses
Attorneys are meticulous in documenting riders’ damages. Your attorney will present their detailed record of your damages when fighting for the money you deserve.
Seeking a Settlement for the Injured Rider (or Another Client)
Justice can be earned through a settlement. You want to hold liable parties accountable for the harm they (or the person they represent) have caused you, but most riders take a fair deal if it arises.
If you don’t have to sue or go to trial, your lawyer may advise you to accept a fair settlement. Ultimately, though, you have the power to make such important decisions—your lawyer will follow your lead.
Leveraging the Legal Process, If the Case Demands It (In Other Words, Suing)
Lawyers are often associated with lawsuits, and they should be. If those who owe you compensation for your motorcycle accident will not extend a fair offer, your lawyer will be ready to sue liable parties.
Suing leads to two primary outcomes:
- A settlement agreement (with or without the help of a mediator)
- A trial, which leads to a verdict from a jury or judge
If you choose to use the civil justice system, your lawyer will guide you through the legal process from start to finish.
Damages Riders (and Those Affected by Fatal Accidents) Deserve Fair Compensation For
Riders are overrepresented in the population of fatal accident victims. Lawyers are familiar with catastrophic injuries among the riders they represent, as well as costly damages that can include:
- Medical costs
- Pain and suffering
- Lost income
- Motorcycle repair costs
- Temporary transportation costs
- Mental health treatment costs
Your lawyer will also evaluate the cost of any disabling injuries, wrongful deaths, and other extraordinary challenges you face after the motorcycle accident.
Do Not Wait to Hire an Illinois Motorcycle Accident Lawyer
All motorcycle accidents and wrongful death cases are pressing priorities. Between deadlines, fading witness memories, and a fragile chain of evidence, it’s best to hire your Illinois personal injury attorney as soon as possible.
David Abels
Partner
David Abels has carved a niche for himself in the personal injury law sector, dedicating a substantial part of his career since 1997 to representing victims of various accidents. With a law practice that spans over two decades, his expertise has been consistently recognized within the legal community.
Author's Bio