You may still be entitled to significant compensation, even if you weren’t wearing a helmet. Unfortunately, the insurance adjuster assigned to your claim may try to convince you otherwise.
At Hupy and Abraham, our motorcycle accident lawyers understand the freedom that comes with riding and the unique challenges riders face after a crash. Many motorcyclists across Wisconsin, Illinois, and Iowa come to us concerned that their decision not to wear a helmet might prevent them from recovering damages after an accident caused by someone else's negligence. As experienced Midwest motorcycle accident lawyers and riders, we are here to help.
Motorcycle Helmet Laws in Wisconsin, Illinois, and Iowa
Each state has different requirements for motorcycle helmet use.
In Wisconsin, only riders and passengers under the age of 18 or those with an instructional permit must wear a helmet. Adult riders with a regular motorcycle license can choose whether to wear a helmet based on their personal preference.
Illinois maintains one of the most rider-friendly positions in the country. There are no mandatory helmet laws for motorcyclists regardless of age or experience level, which means all riders in Illinois have complete freedom to make their own safety decisions regarding helmet use.
Iowa similarly respects rider choice, with no mandatory helmet requirements for motorcyclists of any age.
The "Failure to Mitigate" Defense and How to Counter It
When pursuing compensation after a motorcycle accident where you weren't wearing a helmet, you might face what's known as a "failure to mitigate" defense from the insurance company.
Insurance adjusters may argue that your injuries would have been less severe had you worn a helmet, attempting to reduce your compensation. This argument aims to shift partial blame to you, even when the crash was entirely someone else's fault.
An experienced motorcycle accident injury lawyer will emphasize the critical distinction between the cause of the accident and the cause of specific injuries. The fact that you weren't wearing a helmet didn't cause the collision—the other driver's negligence did.
Additionally, your attorney can help demonstrate that many motorcycle injuries—including broken bones, road rash, and internal injuries—wouldn't have been prevented by a helmet. Compensation for these injuries shouldn't be reduced regardless of helmet use.
The law recognizes your right to ride without a helmet, making it unreasonable for insurance companies to penalize you for a legal choice.
How Comparative Negligence Affects Your Motorcycle Accident Claim
Your decision not to wear a helmet does not mean you were negligent. However, when seeking compensation after a motorcycle accident, it’s essential to understand how your state’s comparative negligence laws could influence your recovery.
Wisconsin, Illinois, and Iowa all follow a modified comparative negligence system with a 51% bar. This means that in each of these states:
- You can recover damages if you are found to be 50% or less at fault for the accident.
- If you are found 51% or more at fault, you are barred from receiving any compensation.
- If you share some blame (but less than 51%), your compensation will be reduced proportionally. For example, if your total damages are $100,000 and you're found to be 30% at fault, you would receive $70,000.
Fault is determined based on the cause of the accident, not whether you wore protective gear. A skilled motorcycle accident lawyer will argue that your decision to ride without a helmet legally is not grounds to reduce your compensation, especially if your injuries are unrelated to head trauma or could not have been prevented by helmet use.
An attorney familiar with the law and the nuances of motorcycle culture will ensure that your rights are protected and that your compensation reflects the true extent of your losses, regardless of helmet use.
What You May Recover After a Motorcycle Accident
After a motorcycle crash, you may be entitled to various types of compensation, including:
- Medical expenses. From emergency transport and hospital stays to ongoing physical therapy and future medical needs, all reasonable and necessary medical costs related to your accident may be recoverable. A motorcycle accident injury lawyer will help document these expenses thoroughly to ensure you receive proper compensation.
- Lost income. If your injuries prevent you from working, you can seek compensation for wages, benefits, and self-employment income lost during your recovery period. For more serious injuries that affect your long-term earning capacity, you may also recover damages for diminished future earnings or career opportunities.
- Property damage. You're entitled to compensation for repairs to your motorcycle or, if it's totaled, its fair market value before the accident. This includes damaged riding gear, communication devices, or other personal property.
- Pain and suffering. These non-economic damages compensate for the physical pain and emotional distress caused by your injuries.
- Loss of enjoyment. Motorcycle accidents often impact victims' ability to enjoy activities they once loved. Compensation may be available if your injuries prevent you from participating in hobbies, recreational activities, or other pleasures of life.
A motorcycle accident lawyer will evaluate all potential areas of compensation to ensure your settlement or verdict accurately reflects the accident's full impact on your life.
Why You Need a Motorcycle Accident Lawyer Who Understands Rider Culture
Having a motorcycle accident lawyer who truly understands rider culture can make a significant difference in the outcome of your case.
Motorcycle cases differ substantially from standard auto accident claims. Many insurance adjusters and jurors have preconceived notions about motorcyclists being reckless or accepting additional risk. A motorcycle accident injury lawyer who rides or specializes in motorcycle cases can effectively combat these biases through careful jury selection and persuasive evidence presentation.
Your attorney should understand that freedom of choice is fundamental to motorcycle culture, especially regarding helmet use. This perspective allows them to present your case in terms that respect your autonomy rather than judging your decisions.
The outcome of your case often depends on how effectively your attorney communicates the reality of motorcycle riding to those who may never have experienced it. From explaining blind spots to detailing how quickly conditions can change for riders, this knowledge strengthens your claim.
At Hupy and Abraham, our motorcycle accident lawyers represent injured riders across Wisconsin, Illinois, and Iowa. We understand that your decision about helmet use doesn't diminish your right to compensation when someone else causes your crash.