Cagle Law Firm
Attorney Zane Cagle

Posted on April 17th, 2013,
by Zane Cagle

Motorycle Accident Without a Helmet in Missouri or Illinois?

Posted on April 17th, 2013 by Zane Cagle

Motorcycle season is here! Motorcycle season is in full swing and the number of motorcyclists will increase as the spring progresses. Looking out for motorcycles is one of our responsibilities as drivers of motor vehicles. Motorcyclists have an individual responsibility to ride safely and that includes wearing bright, reflective clothing and wearing a helmet. I know, there is a lot of controversy about whether or not state government should make laws requiring motorcyclists to wear helmets.
I respect each individual’s right to an opinion and I am not saying you are wrong………I’m just talking about what the law requires. At this point, I won’t even try to convince you with the overwhelming statistics about trying to keep your noggin safe while riding a motorcycle.

In Missouri, if you are in a motorcycle accident and were injured, then you have a problem in the letter of the law. Missouri requires anyone riding a motorcycle to wear a helmet. If you are 18 or older and involved in an accident and not wearing your helmet,…….then you have a legal problem. Not only may you have serious injuries, but you will need a personal injury attorney to negotiate on your behalf.
If you are an Illinois motorcyclist then you are not required by law to wear a helmet under the letter of the law. However, if you are in a motorcycle accident, you may still have a problem when it comes to negotiating with your insurance company about your injuries or worse yet, if family members are trying to negotiate losses on behalf of a loved one. Even if you are not required to wear a helmet by law, a potential jury member for your case may have a real problem with you not wearing a helmet. A potential jury member may look at you and wonder why you were not wearing a helmet and infer that since you were not, then you are a careless person. So while Illinois may not require a helmet by law, a potential jury member or an insurance company may “require” you to wear a helmet in order to compensate you for damages and injuries.

At The Cagle Law Firm, we know that a negligent driver of a car or a truck that may hit you as a motorcyclist should still be held accountable for hitting and injuring you even if you are not wearing a helmet. However, failing to wear a helmet does make it more difficult to get you the compensation that you need in a personal injury or wrongful death claim.  Many motorcyclists do not want to hear that statement, but our attorneys believe in being completely honest with you about all aspects of your case. . At The Cagle Law Firm, we work hard to get you the compensation that you deserve, but we believe in being honest with you about all aspects of your case. Honesty on the part of the attorney and the client is critical whether in insurance negotiations or jury trial. If another driver makes a choice that results in your injury, then you need legal representation.

If you have been injured in a motorcycle accident in Missouri or Illinois, call our firm for a free consultation to determine what steps you need to take to get the settlement you deserve. Take advantage of personal injury attorney’s free consultations and gather the information that you need that will have a serious impact on your life. We answer the phone and answer your questions seven days a week, toll free (314) 276-1681, or local (314)276-1681