Buffalo Grove motorcyclist killed in accident

A Buffalo Grove motoryclist was killed in a car accident on Sunday afternoon.  He was traveling south on Buffalo Grove Road when a car pulled out of Old Oak Drive in front of him.  The motorcyclist was not wearing a helmet.

I recognize that there is a substantial portion of the motorcycling community which believes that wearing a helmet does not help your chances of surviving an accident and may increase your chances of getting into an accident.

However, looking at it from the perspective of an experienced Chicago motorcycle accident lawyer, it does not matter one way or the other whether he was wearing his helmet or not.  In car accident cases it is well established that a jury cannot consider whether the victim of a car accident was wearing a seat belt or not.  The legal theory behind this is that the negligent driving was the cause of the accident, not the failure to wear a seat belt.  The same reasoning would apply to the failure to wear a helmet.

In this case, whether or not this young man was wearing a helmet or not is beside the point.  The driver had to yield the right of way and did not.  That is why this fatal motorcycle accident happened.