Attorneys
Where your injury case is all that matters
TAKE ACTION NOW!
NO FEE UNLESS YOU WIN
OFFICE LOCATION

What if I didn't wear a motorcycle helmet during my accident?

Different states have different laws that apply to motorcycle riders and the need to wear a helmet. In the state of Illinois, motorcyclists must utilize a Department of Transportation approved helmet or risk getting a citation for violating state helmet laws. That said, not everyone uses a helmet and -- for whatever reason may be applicable to your particular motorcycle accident case -- maybe you were not wearing one when your collision occurred.

Most people wonder if failure to wear a motorcycle helmet during an accident will prevent them from having a valid claim to pursue personal injury damages against an at-fault party. The answer is, if you didn't have a helmet on when you were injured in a collision, this fact alone will not invalidate your claims for damages. Even if your failure to wear a helmet made your injuries worse, you may still have a valid claim for damages.

Here's how it works: Generally, Illinois courts will look to see what kinds of injuries you suffered in your crash. If the court determines that you would have suffered the same injuries regardless of whether you wore a helmet, then you can probably still pursue the full amount of damages in your case.

On the other hand, if the court determines that your injuries were worsened due to the failure to don a helmet, then you might end up splitting liability with the at fault party. This means that you might not be able to pursue the full amount of damages relating to your injuries since your failure to use a helmet resulted in your injuries being worse. In such a case, the court may choose to place a portion of the blame for your injuries on you, and reduce the damage amount it chooses to award accordingly.

Source: FindLaw, "Motorcycle Accident FAQ," accessed Dec. 31, 2015

  1. "Committed To My Cause"

    I was struck by a car while cycling and severely, almost fatally injured. A team of excellent medical professionals performed complicated and extensive surgical and medical procedures as part of a successful effort to restore my health....
    -Jeff D.

  2. "Could not have made a better choice"

    We found Mark [Mathys] through the web after an auto accident in October 2011. While selecting someone you don't know to represent you can be a gamble, we could not have made a better choice....
    - Dave

  3. "Very satisfied"

    Mark [Mathys] is very professional. He responds almost immediately, via email, to any question, comment or concern I have and if he is not able to respond right away, he will let me know. I have been very satisfied with Mark so far and I am happy to be his client.
    -Jennifer

  4. "Easy to talk to"

    Mr. Mathys and Mr. Schneid were very professional and easy to talk to. Prior to working with them, my wife and I had no real experience with the legal system beyond a house closing, yet Mr. Mathys and Mr. Schneid explained the whole process to us very well. I knew that whenever I had a concern about our case or the legal system in general I could call their office or send an email and receive answers the same day... -Larry

  5. "Provided very wise advice"

    I've dealt with attorneys on a variety of issues, almost all of them since leaving college and entering the workplace. Mr. Mathys was the first attorney I had any real experience with, and I was impressed then and remain so. He provided very wise advice and always kept me informed. In the end, he delivered a favorable result. I recommend him highly.
    - Tyler D.

  6. "In-depth knowledge of the law"

    Mark [Schneid] is an excellent and skilled attorney and demonstrated in-depth knowledge of the law when he helped settle my dog bite lawsuit resulting from a traumatic incident. He explained what was needed of me and how I should handle the situation in a professional manner.
    - Karen K.

  7. "They went to bat for me"

    Not long ago I was involved in a car accident where I was hit by a gravel truck at an intersection. After I called Mathys & Schneid, even though I didn't have a very large case, they made me feel like I was one of their most important cases. They went to bat for me with the trucking company's insurance and got me a settlement. I would definitely recommend them to my family and friends. -Dan H.

TAKE ACTION NOW!
NO FEE UNLESS YOU WIN

TAKE ACTION NOW! NO FEES UNLESS YOU WIN!

We’ll review your case at NO COST TO YOU. And, you don’t pay any fees unless we win your case. Contact us today.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

  • Multi-Million Dollar Advocates Forum
  • Million Dollar Advocates Forum
  • Avvo Rating 10.0 Superb | Top Attorney | Personal Injury
  • American Top 100 Attorneys
  • American Association for Justice
  • Illinois Trial Lawyers Association
  • Illinois State Bar Association
Attorneys

Main Office

Law Offices of Mathys & Schneid
1730 Park Street
Suite 209
Naperville, IL 60563

Phone: 630-848-9294
Fax: 630-428-0044
Map & Directions

Law Offices of Mathys & Schneid
212 W Washington, Suite 809
Chicago, IL 60606

Map & Directions

Chicago Office