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, May 25, 2018
Motorcycle accidents are by far one of the most catastrophic on the road. With the high speeds and a rider completely exposed to vehicles, elements, and the road itself, the injuries are much more severe than passengers in the vehicle.
If you are injured in a motorcycle accident, you might start exploring your option for compensation. While you were in an accident caused by someone’s negligence, you forgo wearing a helmet. Now you wonder if that helmet will become an issue in court – and whether it will make it impossible for you to receive compensation.
Unfortunately, there is no one-size-fits-all answer here. Instead, it comes down to the evidence and the role your missing helmet played in the accident and injuries you suffered.
Illinois is one of the few states to have no helmet laws. You can choose whether to wear a helmet on your motorcycle, and you will not receive a citation for not wearing one. There are a few bills in the making that may change this, but as of 2018, there are no helmet laws in place and those that have attempted to pass have failed.
In the past, most states did have a universal helmet law – Illinois included. However, by the 1970s the Department of Transpiration no longer could create financial penalties for states without these laws. As the fines stopped, the laws disappeared too.
It is within your right to not wear a helmet, but not wearing one could result in civil complications – even if you have no criminal complications for that choice.
Sadly, motorcycle laws only matter if there is a requirement to wear a helmet. If there was a law stating you must wear a motorcycle helmet and you are in an accident without one, you have broken the law and showed a blatant disregard for safety. Therefore, it will be difficult to receive compensation.
In a motorcycle accident in Chicago, there are no laws mandating you wear a helmet. While you might assume exercising your right protects you from being put to blame for your injuries, you would be wrong. Even if there is no requirement, motorcycle helmets can save a life and prevent serious traumatic brain injuries (TBIs). Therefore, when you choose to not wear one, the defense will be quick to argue that your choice had caused your injuries and the losses you suffered. The result? Their client may not have to pay for those injuries.
A motorcycle rider in an accident needs to consider the law, but also how that lack of helmet played a role in their injuries and the compensation they are requesting.
You were in a motorcycle accident and you have injuries, but where were those injuries? If the only injury you suffered was to your head and neck, but you did not wear a helmet, the defense has a reasonable argument that your negligence played a heavy role in the accident and your injuries.
If you have injuries that not only include your head and neck, then you can still receive compensation, because helmet or not, injuries to your chest, legs, and extremities are not impacted by your choice to wear a helmet.
The more serious the injury, the more scrutiny you will receive. For example, you have lacerations and a few broken bones, but these are injuries you recover from quickly. You have a long-term disability now because of the injury to your head. You did not wear a helmet; therefore, the defense will argue that they are responsible for the other injuries, but the long-term complications you suffer from your TBI are not their client’s fault – and the court might agree with them.
On the other hand, if you were to suffer a minor concussion, and your most serious injury was damage to your spinal cord, then you could receive compensation despite your not wearing a helmet. Helmet or not, the injury to your spinal cord would not have been protected by helmet use; therefore, the defense has nothing to argue.
Comparative negligence is a term you will hear often in these types of cases.
Illinois uses the pure form of comparative negligence. Therefore, you can receive compensation when you are partially at fault for your injuries, but the compensation you receive is reduced by your contribution. So, you may receive compensation even if you did not wear a helmet, but the jury would decide how much of your negligence contributed to the injuries.
Comparative fault or negligence is what determines who is at fault for an accident and who should pay for what portion of that fault. It determines how the settlement and fault is divided. Some states will bar you from seeking compensation if you are slightly at fault, but Illinois is not one of them.
Using the new modified comparative negligence, your damages are simply reduced by the amount of fault you have contributed. For example, the driver was speeding and texting. You were obeying the rules of the road but failed to wear a helmet. The driver’s negligence obviously caused the accident, but your negligent choice to not wear a helmet contributed to the core of your brain injuries. Therefore, the jury decides that the driver is 80 percent at-fault for the collision, and you are 20 percent at-fault for the rest.
The court awards you $100,000. Then, they reduce your settlement by the 20 percent you contribute, or $20,000. You will receive $80,000 for your compensation.
Because comparative fault will play a heavy role in this type of accident case, you need an attorney. Insurance claims adjusters work hard to reduce settlements by looking for every possible avenue. They want to put you at-fault, they want to reduce the settlement, and they will try to allege you are mostly to blame for the accident.
You need an attorney to help find a substantial amount of evidence that will thwart the allegations that your helmet affected your injuries. The two key pieces of evidence your attorney will use include:
When you can prove that the severity of your injuries would not have changed even if you wore a helmet, it becomes easier to fight your case and push the insurance company into a fair settlement.
You cannot predict other motorists, and no one wants to find themselves in a position where they must fight for compensation because they exercised their right to not wear a helmet. Before your next motorcycle ride, consider the consequences of not wearing a helmet, and keep in mind that you will be pitted against the insurance company who is ready to use their resources so that they can reduce your compensation. then, reconsider wearing a helmet.
If you were involved in a motorcycle accident and you did not have a helmet on at the time, it is imperative you speak with an attorney quickly.
The attorneys at Malman Law are here to protect you from insurance companies ready to claim your negligence caused your injuries. You did not cause the accident; therefore, do not let the insurance company bully you out of the settlement you deserve.
Speak with our team today at 888-625-6265 or request a free consultation online. There is no obligation to meet with us, and you do not pay our attorneys unless we succeed with your case.
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
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