Motorcycle accidents generally result in more severe injuries than car accidents. If you have been seriously injured in a motorcycle accident, you may be facing a significant loss of income and expenses not covered by health insurance. Your ability to obtain compensation for those losses will depend on who was at fault for the accident. If you can point to another driver on the road whose careless, reckless, or negligent behavior led to your crash and injuries, you could file a claim for compensation against that driver and their insurance company. If a member of your immediate family was killed in a tragic crash, you could obtain compensation for your loss by filing a wrongful death claim.
Impact of Helmet Wearing on Motorcycle Accident Claims
Illinois does not have a law requiring motorcyclists to wear helmets. However, it is common knowledge that wearing a helmet reduces your risk of head injuries. Therefore, if you are not wearing a helmet at the time of an accident, this can be held against you in a lawsuit for damages.
Illinois law follows the principle of modified comparative negligence, meaning that if you are at least 50 percent at fault for an accident, you cannot recover any damages. If you are found to be partially at fault (up to 49 percent at fault), you can recover damages, but the total amount of damages to which you would otherwise be entitled will be reduced by your percentage of fault....