While navigating through traffic with the wind blowing in your face, an unexpected collision occurs. Most of the time, injured victims can pursue damages for the accident. However, circumstances can get confusing if you were not wearing a helmet when the collision occurred. Can you still receive compensation for your injuries? Illinois state laws, the accident’s circumstances, and fault allocation all influence the answer.
Your Right to Compensation After a Crash
“Who was at fault?” is the central question in any bicycle accident. A third party who owed you a duty of care may be responsible for the accident. “Every personal injury case is first analyzed based on which party was at fault for the bicycle accident,” says Attorney Michael McCready of McCready Law Injury Attorneys. You might have a strong case for damages if a careless driver, a pedestrian, or even a government organization caused the collision.
To claim compensation, the accident must be the cause of your injury. If you receive a head injury and are not wearing a helmet, the third party may say you contributed to it.
Does Not Wearing a Helmet Indicate Negligence?
The outcome of each case determines whether you were negligent or not.
Some states do not require adults to wear helmets while cycling. So, from a legal standpoint, you did not break the law by travelling without one. But insurance companies and defense lawyers might argue that your decision made your injuries worse.
Understanding Comparative Negligence
Comparative negligence is a legal concept used to assign fault between parties involved in a bicycle accident. In comparative negligence states like Illinois, a judge might determine that not wearing a helmet worsened your injuries. Therefore, you may bear a percentage of the responsibility. For example, if your case’s verdict ruled $100,000 in damages, you might receive $80,000, considering you were found 20 percent responsible because you were not wearing a helmet.
Still, this rule only applies if the lack of a helmet caused the injury. If you broke your wrist or injured your back, for instance, helmet use would be irrelevant to those injuries. Hence, it should not affect your claim.
State Helmet Laws Can Play a Critical Role
The laws surrounding bicycle helmets vary widely across the United States. Some states require minors to wear helmets, while others impose no helmet laws at all. In Illinois, you must wear a helmet when riding a bicycle, and violating this requirement could mean you will face greater scrutiny. This scenario becomes particularly relevant when a child sustains injuries. Yet, the key question remains whether the lack of a helmet directly caused or worsened your specific injuries.
Medical Evidence Is Key
One of the strongest factors in your case will be medical documentation. Doctors, accident reports, and expert witnesses can help establish the cause of your injuries. They can also determine whether a helmet would have made a difference. A medical professional’s opinion that a helmet would have failed to prevent your injuries strengthens your case for damages.
However, if you suffered a head injury, expert testimony may be necessary. This testimony helps establish whether wearing a helmet would have made a meaningful difference.
You Still Have Legal Options
Every case is unique, and many variables affect the outcome. It’s best to speak to an attorney who specializes in bicycle accidents in Illinois. They will help assess your case and understand your legal options. Even if you were not wearing a helmet, you may be able to claim substantial compensation.
Conclusion
The absence of a helmet doesn’t automatically disqualify you from compensation following a bicycle accident. But it can complicate your case, especially if you sustained a head injury. However, if you sustained other injuries, do not assume you are out of options. Every accident is unique, and the outcome often depends on the specifics of your case and how decision-makers assess fault.