COVID-19 Notice: Malman Law’s staff is working at office & from home so that we can do our part to fight the spread of this virus within our community.Learn more
Please fill out the form below and a representative at Malman Law will contact you within 24 hours to discuss the specifics of your personal injury case.
Friday, February 16, 2018
Motorcycle riding carries an inherent level of danger that riders accept the moment they get on those two wheels. While you might take the risks, if you choose not to wear a helmet while riding your motorcycle, and you are involved in an accident, you might wonder if you can sue for a traumatic brain injury (TBI).
After all, Illinois is one of the few states that have no laws regarding motorcycle helmets. Therefore, you are not obligated to wear one while on the road, and if you did not cause the accident itself, you might wonder if you can receive compensation despite the fact you chose not to wear a helmet.
Yes, you can file a lawsuit even though you did not wear a helmet. If the other driver’s recklessness or negligence caused the accident, the law allows for you to seek compensation.
However, the success of that lawsuit depends on a few factors. Also, while you might qualify for compensation, you still should speak with an attorney in the state to explore your options and see what factors may affect your payment.
As previously stated, you are not required by law to wear a helmet in Illinois while on a motorcycle. In states where a helmet is required, your lawsuit would likely be challenged, and collecting compensation would be difficult because you violated the law.
So if you do cross state lines, are injured on a motorcycle, and the neighboring state has helmet laws, then you may have a difficult time seeking compensation for your accident. This is true even though your home state does not require that you wear a helmet.
Not wearing a helmet may result in other challenges when you are seeking compensation.
One issue that may come up when you file a claim or lawsuit is that of comparative negligence. In Illinois, the modified comparative negligence rule is used.
The state follows this rule to decide who is responsible for injuries and ultimately who will pay for the damages. It allows a plaintiff to seek compensation for injuries even though they were partially at fault. However, you can only file for compensation if you were 49 percent or less at fault for the accident.
If you were 50 percent or higher, then the court may bar you from seeking any compensation in your case.
Here is where it becomes complicated. You did not cause the accident, but if the damages you are requesting are solely related to the TBI, and you choose not to wear a helmet, then the law considers you at-fault for part of those damages. Had you worn a helmet, you may not have sustained the same type of injury.
Regardless, the courts would have to decide how much of a role you played in the TBI, and specifically how the absence of a helmet contributed to your injuries.
For example, say that you did not wear a helmet and suffered a TBI that left you permanently disabled. The court decides that you were 45 percent at fault for the injuries and accident, while the other driver was 55 percent at fault. Under modified comparative fault laws, you can still collect compensation.
However, your compensation is reduced by the amount of fault you contributed to your injuries. Therefore, if you were awarded $100,000, you would have your settlement reduced by 45 percent or $45,000. Then, you would receive $55,000 from the defendant.
In cases like this, it will become a battle of the medical experts.
The defense will bring a slew of doctors who will testify that your TBI would not have occurred had you worn a helmet. Your attorney will have medical experts and accident specialists prove that you would have sustained a head injury regardless of the helmet, but that your not wearing one might have increased the trauma slightly.
In the end it will come down to the medical evidence and experts that testify in your case. If your experts and the medical evidence convinces a jury or insurance claims adjuster that the defense was still more at-fault for your TBI, then you will receive compensation.
Any type of brain injury can be traumatic. You could suffer a mild concussion, which may affect you for a few days or weeks. Other times, the TBI is more severe and could lead to permanent disability.
Some common types of TBIs seen in motorcycle accidents include:
The purpose of wearing a helmet is to ensure a motorcycle rider is protected, especially when it comes to head trauma in an accident. Even a minor accident can lead to a devastating TBI because the motorist failed to wear a helmet, which would protect them and cushion them from striking asphalt, another vehicle, or being hit by debris.
Helmets are durable and are tested numerous times before being sold to the public. They may also make the difference in whether a person lives or dies from a motorcycle accident.
Motorcycle helmets do save lives, and even the Centers for Disease Control and Prevention (CDC) shows that helmets prevent death by as much as 37 percent and reduces the risk of head injury by 69 percent.
Therefore, if you choose not to wear a helmet, a defense attorney could argue that you have accepted the risks and any TBI that results from an accident is not the defendant’s fault, but your own.
If you are involved in a motorcycle accident, and you suffer a TBI as a result, you may be entitled to various forms of compensation, including:
A critical area of law to note when considering damages is that you, the victim, must mitigate your damages. Therefore, you are required to find ways to reduce the medical costs or compensation value of your case. Because of this, the defense may argue that your not wearing a helmet disqualifies you for future medical treatments or loss of future earnings that are the direct result of your TBI.
While recovering 100 percent for a TBI is difficult, other injuries are not the same. For example, if you suffered a severe spinal cord injury – which would not have been prevented by wearing a helmet – then the courts may allow you to seek full compensation for any damages resulting from that spinal cord injury.
If you have been injured, never hesitate to explore your options. Even if you were injured and did not wear a helmet in a motorcycle crash, you may still be entitled to compensation.
They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.
- Britany Weaver
I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
- Cheryl Wagemann
I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
- Elvira G.
I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
- Tony S.
I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!
- Devin Jones
Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
- Annie Ong
Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
- Eugenia Cathery
They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.
- Omolewa Snyder
I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
- Trevor Harris
Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
- Ernest Pitts
Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
- Ariel Fleming
I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
- Carmen Rivera
Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!
- Greg Gustafson
Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.
- Malak St.Clair
Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
- Devri Lott
I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
- Adrian Lopez
A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
- Vanessa Leon
Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
- Nyah Vuljanic
This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position, they are awesome sincerely. Jeff walker
- Jeff Walker
Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
- Steve Acosta
Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
- Jose Cruz
Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!
- Meagan Cruz
- Eddie Villarreal
I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!
- Madissen Miller
Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
- Christina Ocon
Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!
- Adriana Martinez
So glad I contacted Malman Law regarding my accident. Professional and caring. Thank you Mr. Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!
- Virgil Sanner
I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!
- Jazlyn Caraballo
My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.
- Ashley Jenkins
ALL FIELDS REQUIRED
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim