Motorcycle accident attorneys in Alton, IL represent people who were seriously injured in collisions with vehicles. When collisions occur between motorcycles and passenger vehicles, the driver of the passenger vehicle is at fault most often. One question injured persons may have is whether they are eligible for compensation if they weren’t wearing a helmet.
No Helmet Laws
Only two states do not require motorcyclists to wear a helmet: Illinois and Iowa. Since the helmet is not required, an insurance company technically should not try to use the lack of a helmet to blame the motorcyclist for the injury.
The Insurance Company Stance
Nevertheless, many insurers will do so if the person suffered a head or neck injury. They will state that the motorcyclist should have been more responsible and that not choosing protection with a helmet should be considered comparative or contributory negligence. They may offer a settlement that covers other injuries, but a lower amount or no amount for harm to the head and neck.
The Eye Protection Requirement
Illinois does require motorcyclists to wear eye protection unless the bike has a windscreen. If the rider suffered an eye injury during a collision with another vehicle, the insurer might use the lack of glasses or helmet with face protection, or a motorcycle windscreen, against any claim. Motorcycle accident attorneys in Alton, IL work to make sure the injured person still receives financial compensation when another driver caused the accident.
Other Types of Physical Harm
If the injured man or woman has experienced a different sort of physical harm, such as a broken leg or severely damaged skin from hitting the road, the question about helmet use and eye protection should not even come up. The insurer may try to use this factor against the claimant by saying the protective gear would have allowed for better control of the motorcycle and a safer reaction.
Schedule a Consultation
These types of arguments can be handled by an attorney with an organization such as The Law Office of Keith Short. Browse our website to learn about scheduling a complimentary consultation.
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