When you suffer from a car accident caused by someone else, filing an injury-related insurance lawsuit or claim is always an option. The question we’re going to answer is whether you can expect full damages recoverable even if you weren’t wearing a seat belt or motorcycle helmet. The answer to this depends on what the evidence indicates in your situation. Consider some of these key concerns.
Remember: If you didn’t have a seat belt or motorcycle helmet on when you crashed, the defendant needs to prove, usually by means of scientific and/or medical evidence, that this created or magnified your damages.
Are Seat Belt Violations Admissible in Illinois Courts?
No matter what the shared fault system is in Illinois, the state law that has the most weight in these cases has to do with the seat belt violation being admissible in your personal injury case.
Many States like Illinois have determined that the plaintiff’s oversight to wear a seatbelt cannot be used in a lawsuit against you. This proof will come in handy You will be able to seek a full recovery when the time comes for the jury to calculate the full damages recoverable as they award the plaintiff. Speak with our car accident injury attorneys at FGPG law for more information about these laws in McHenry and Boone county regarding seatbelts.
Can I still collect damages from another driver when I wasn’t wearing a Helmet?
When you experience a motorcycle injury in Illinois and you didn’t have a helmet equipped, you can still recover damages when the other driver was at fault in Boone or McHenry county.
Motorcycle Helmet Regulations in Illinois
The majority of states have laws set in place to require motorcyclists to wear helmets in certain situations. Illinois is one of a few states where motorcycle riders do not have to wear helmets in any situation. The following is the equipment that’s obligatory when you’re operating a motorcycle in Illinois:
- A passenger seat (when you’re carrying a passenger)
- A windscreen or eye protection
- A passenger footrest (when you’re carrying a passenger)
Types of Damages You May Be Entitled To
Depending on the circumstances of your case, you’re entitled to full damages recoverable from the person liable for your Chicago motorcycle crash. Such compensatory damages can include:
- Compensation for work time lost while you were recovering
- Medical expense reimbursements (including ambulance travel, acute hospitalization, and rehabilitation/physical therapy)
- Costs for repair on your motorcycle
- Punitive damages and fees
- Compensation for your pain and suffering
A Car Accident Lawyer in the Chicagoland Area Can Help
Perhaps you’re out of work and need to pay huge medical expenses after a car or motorcycle accident due to another’s recklessness. Obtaining compensation is going to be vital for you and your love ones. You could still be wondering if you’ll have the chance to earn anything because of how you didn’t wear a seatbelt or helmet. Thankfully, you can still seek a full recovery even if you were not wearing a seatbelt or helmet. Although you might be restricted in damages recovered depending on your case’s details, you can still file a claim for full damages recoverable. Get in touch with a car accident attorney at FGPG Law after you’ve been in an unfortunate crash so they can recover for you as soon as possible.
Speaking with a reliable attorney at Franks Gerkin Ponitz Greeley is only one call — give us a ring at (815) 923-2107.
