Illinois Motorcycle Helmet Laws

If you ride a motorcycle in Illinois or are thinking about getting one, it is important to understand the state’s helmet laws before hitting the road. Whether you are riding your motorcycle to work or taking a scenic trip through Southern Illinois, knowing your legal rights and responsibilities is important.

In this article, we will break down what Illinois law says about motorcycle helmets and how it compares to other states. We will also discuss why choosing to wear protective gear can impact more than just your safety – it can also impact your legal rights after a crash.

Is Wearing a Helmet Required in Illinois?

No, Illinois does not require motorcyclists or their passengers to wear helmets. That’s right, Illinois is one of the three states that does not require the use of helmets, regardless of age or experience. The other two states are Iowa and New Hampshire.

Typically, even in states that don’t have a universal motorcycle helmet law, there are requirements for riders under the age of 18 or 21. However, you can legally ride without a helmet on Illinois roads, no matter how old you are.

What Motorcycle Safety Gear Is Required by Law in Illinois?

Even though helmets are not required, Illinois law does mandate certain protective gear.

Eye protection is required unless your motorcycle is equipped with a windscreen. This means you need to wear goggles, a face shield, or glasses designed for motorcycle riding.

Additionally, your motorcycle must have proper safety equipment. This includes functioning lights, brakes, and mirrors.

The Benefits of Wearing a Motorcycle Helmet Even Though It's Not the Law

Is it recommended to wear a motorcycle helmet even though it isn’t required by law? Absolutely. Many motorcycle riders realize the benefits of wearing a helmet. In fact, statistics show that in states where helmet use is not universally required, 72 percent of motorcyclists were observed wearing helmets.

Here are some reasons to wear a motorcycle helmet:

• Helmets are found to be 37 percent effective in preventing motorcycle fatalities in riders and 41 percent effective for passengers
• Helmets reduce the risk of traumatic brain injury
• Helmets can impact your personal injury claim

Do You Need a Helmet If You Cross State Lines?

If you ride across the border into neighboring states, be aware that the rules change. If you ride over state lines, you must comply with that state’s law while riding there.

Here’s a quick look at some neighboring state laws:

• Indiana: Helmets are required for riders under 18 and for instruction permit holders
• Kentucky: Helmets are required for riders under 21, instruction permit holders, and licensed riders within the first year
• Wisconsin: Helmets are required for riders under 18 and for those with instruction permits
• Missouri: Helmet use is required only for riders under 26, uninsured riders, or those without a motorcycle license

How the Use of a Helmet Can Affect Your Illinois Personal Injury Claim

If you’re injured in a motorcycle accident, the fact that Illinois doesn’t require you to wear a helmet doesn’t mean that choosing not to wear one won’t affect your insurance claim. Your choice not to wear a helmet could impact your ability to recover damages, especially if you suffered a head or facial injury.

Modified comparative negligence

Illinois follows the modified comparative negligence rule. This means your compensation can be reduced if you’re found partially at fault for your injuries. If you are more than 50 percent at fault, you may be barred from recovering anything at all.

Even though not wearing a helmet isn’t illegal, insurance companies and opposing attorneys may argue that you contributed to the severity of your injuries by not wearing one. This could result in a reduced settlement or verdict.

Recoverable damages

If you suffer a head, brain, or facial injury and are not wearing a helmet, the other party might claim that those injuries could have been avoided or minimized with a helmet. In that situation, a judge or jury might assign partial fault to you. Your reward will then be reduced by your percentage of fault.

For example:

• You’re found to be 25 percent responsible for your injuries due to not wearing a helmet
• Your total damages are $100,000
• You would receive only $75,000 after the 25 percent reduction

Settlement Negotiations

Insurance adjusters often use every available angle to reduce how much money they have to pay out. Not wearing a helmet, even in a state like Illinois, can give them leverage to argue for a lower settlement.

Having a skilled personal injury lawyer on your side can help you fight back against these tactics and present a strong case showing the other party’s liability.

How an Illinois Personal Injury Lawyer Can Help After a Motorcycle Accident

Whether or not you were wearing a helmet, an experienced personal injury lawyer plays an essential role in protecting your rights and maximizing your compensation.

Here’s how we can help:

• Investigating the accident: A motorcycle accident lawyer will gather evidence, speak to witnesses, review police reports, and reconstruct the accident to prove who was at fault.
• Countering bias related to motorcyclists: If the other party tries to argue that your lack of a helmet contributed to your injuries, your lawyer can present medical and legal evidence to refute those claims.
• Dealing with insurance companies: Insurance companies usually try to pay out as little as possible. Your lawyer can handle all negotiations, ensuring you aren’t pressured into accepting a low offer.
• Filing a lawsuit if needed: Most claims are handled out of court, but if negotiations fail, you can file a personal injury lawsuit through your attorney, who can help you fight for full compensation, including medical bills, lost wages, and pain and suffering.

Injured in an Illinois Motorcycle Accident? Our Law Firm Is Here to Help

Motorcycle accidents can result in catastrophic injuries. If you or a loved one has been injured in a crash – whether you were wearing your helmet or not – you still have legal rights. Don’t let your choice about helmet use define your entire case.

Our legal team at Collins Law understands the complexities of Illinois motorcycle laws and how they can affect personal injury claims. When it comes to fighting for our clients' rights, we are relentless.

Let us focus on getting you the compensation you deserve, so you can focus on healing and moving forward. Contact us today to schedule a free consultation.