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Helmets do not Affect Compensation for Motorcyclists

Although wearing a helmet while riding a motorcycle is not required by Illinois state law, for your own personal safety we highly recommend wearing one, and any other appropriate safety gear, at all times.

Helmets offer excellent protection against all types of head trauma in the event of an accident, and different types of helmets offer different levels of protection. On average, three-quarter helmets offer greater protection than beanie-style helmets, while full-face and modular styles of helmets generally offer the most protection. When a motorcyclist is involved in an accident caused by another driver, the motorcyclist’s lack of a helmet at the time should not affect the outcome or settlement of the case; compensation is determined by the severity and long-term effects of the injuries sustained. Also, there is no monetary threshold that can be exceeded in these cases, as opposed to most types of traffic accidents.

Motorcyclists who have been injured in accidents may be entitled to compensation for the following, regardless of the use of a helmet:

  • Medical expenses, both present and future, and including but not limited to: hospital care, surgery, emergency room costs, extended care, and rehabilitation
  • Pain and suffering, including of the injury and over an expected period of time depending on the severity of the injury and resulting pain
  • Lost income, which may last only the length of recovery or as long as a lifetime. Training for a new job may be necessary, and amounts lost from switching vocations are also taken into consideration
  • Loss of consortium, referring to compensation for the spouse of the injured motorcyclist for loss of marital benefits, such as affection and sexual relations
  • Mental anguish, which may include anxiety, grief, panic attacks, loss of sleep, and other symptoms

If you or a loved one has been injured in a motorcycle accident, contact Mike Agruss Law for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, Mike Agruss Law is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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