Illinois Motorcycle Helmet Law

When motorcycle riders get into accidents along busy roads like Lake Shore Drive, understanding Illinois motorcycle helmet law is crucial to protecting your rights.

Insurance companies may attempt to blame Illinois motorcyclists for failing to wear helmets, particularly if they suffer traumatic brain injuries or other serious injuries that can be connected to the lack of proper head protection. A personal injury attorney from our firm can protect you from these arguments while ensuring your medical needs are covered. Contact us today for a free consultation about your legal rights.

What Are the Motorcycle Helmet Laws in Illinois?

According to the Motorcycle Safety Foundation, an appropriate motorcycle helmet is the most important protective gear a rider can wear. The Centers for Disease Control and Prevention (CDC) concurs and recommends universal motorcycle helmet laws, citing the benefits for public safety and for preventing crash fatalities.

However, unlike other states, Illinois traffic laws do not require protective headgear for adult bikers or passengers (625 ILCS 5/11-1404). Iowa and New Hampshire also do not require motorcycle helmet use.

Illinois previously had a helmet law, but the Illinois Supreme Court struck it down as unconstitutional in 1969 (People v. Fries).

Younger riders are also not required to wear helmets. Some local laws require helmets for minor bicycle riders, but not motorcycle passengers or drivers.

Though there is no Illinois law requiring motorcyclists to wear helmets, the Illinois Department of Transportation (IDOT) strongly recommends their use. IDOT notes that bikers should use a DOT-approved helmet.

The Illinois motorcycle insurance requirements are the same as those for other drivers, which is minimum liability insurance of $25,000/person or $50,000/accident for bodily injury (625 ILCS 5/7-203) and $20,000/accident for property damage (625 ILCS 5/7-203). Because there is no state law requiring helmet use, insurance companies cannot deny claims strictly based on this point.

Does Illinois Law Require Eye Protection?

Though there are no motorcycle helmets required in Illinois, state law mandates protective eyewear for all riders regardless of age. (625 ILCS 5/11-1404). These can be glasses, goggles, or a protective shield. If using glasses, motorcyclists must ensure they are shatterproof.

Failing to have eye protection can be grounds for a traffic stop and can be used as proof of negligence in a motorcycle accident claim.

IDOT also encourages motorcyclists to wear protective clothing, such as rash guards, boots, and gloves.

Is There a Federal Law Mandating Helmet Use?

The federal government has left this up to the states following the Federal-Aid Highway Act of 1976. Prior to 1976, the government tied federal funding to helmet laws, aimed to reduce the risk of catastrophic motorcycle crashes. This was repealed due to backlash, which weakened the legal requirements nationwide.

Another attempt at universal helmet laws was made with the Intermodal Surface Transportation Efficiency Act of 1991, but the penalties under that act were repealed by the National Highway System Designation Act of 1995.

As such, there is a patchwork of state laws and regulations. Most states have universal or partial helmet laws, such as requiring them for underage riders or passengers. Motorcycle riders who regularly cross state lines should check local regulations about helmet use.

How Does Helmet Use Impact a Personal Injury Claim?

Illinois uses modified comparative negligence to determine who can recover damages in a personal injury claim (735 ILCS 5/2-1116). Each party will be assigned a percentage of blame. If the injury victim is less than 50% responsible, then they can claim damages from the at-fault party. However, they will not receive the maximum compensation available, as their settlement will be reduced by the percentage of blame.

Insurance companies may argue that failure to wear a helmet constitutes negligence, even in states without helmet laws. This is especially true if you suffered severe trauma to the head or face, which could have been prevented by appropriate headgear.

Although Illinois law does not require helmets, wearing one can help prevent traffic fatalities and catastrophic injuries. Wearing a helmet demonstrates responsible riding and can reduce your percentage of fault in a motorcycle crash.

Motorcyclists should always consider wearing a helmet, especially on roads with high speed limits, such as the Dan Ryan Expressway. It can not only reduce legal liability but also save your life.

Do Expensive Helmets Prevent Fatal Injuries?

Motorcycle accident statistics collected by the National Highway Traffic Safety Administration suggest that motorcycle helmet use is 37% effective in preventing fatal injuries like brain death or spinal cord injuries for motorcycle drivers. They are also 41% effective for motorcycle passengers.

However, there is no clear evidence connecting the price of protective gear with its effectiveness. Rather, bikers who wear a helmet should check that it has a motorcycle endorsement from trusted agencies like the Department of Transportation or the American National Standards Institute (ANSI).

Motorcyclists should also consider the comfort and fit of a motorcycle helmet, as head shapes vary. Someone with a round oval head may suffer a serious brain injury if they wear helmets meant for someone with a more circular head.

The National Highway Traffic Safety Administration provides a guide to identifying unsafe motorcycle helmets.

How We Can Help With the Illinois Helmet Law Defense

Motorcycle accidents often result in severe injuries, as motorcyclists are less protected than occupants of a passenger vehicle. Insurance adjusters may attempt to pressure you into a lowball offer while you’re still recovering, forcing you to admit fault due to not wearing a helmet.

A Chicago motorcycle accident lawyer can help you avoid being unfairly blamed in a motorcycle crash, particularly if you suffered a serious head injury due to the lack of a helmet. We will demonstrate that you complied with all legal requirements and that Illinois does not require a motorcycle helmet.

We will also collect evidence demonstrating that the negligent driver violated traffic laws, such as exceeding the 30 mph speed limit on Chicago city streets (9-12-070) or failing to yield the right-of-way at an intersection (9-24-020).

Evidence we can use includes police reports, witness statements, medical records, surveillance footage, and dash cams. If the driver was using a cell phone at the time of the crash, we can subpoena phone records for the relevant period to demonstrate distracted driving.

While many claims settle out of court, complex legal questions sometimes arise, particularly regarding liability under Illinois helmet laws. Our attorneys have been recognized as one of America’s Top 100 High Stakes Litigators with a distinguished track record in the Circuit Court of Cook County.

Throughout this process, we will handle all third-party communications so that you can focus on healing. Our goal is to help you receive the funds you need to recover while holding negligent parties accountable.

Consult a Motorcycle Accident Lawyer

Our Chicago traffic accident lawyers are here to protect your legal rights, including the right not to wear a helmet in accordance with state law. We are members of the Million Dollar Advocates Forum, having secured more than $450 million in verdicts and settlements over the past 25 years.

We work on a contingency fee basis: no legal fees unless you win. With a 10/10 AVVO rating and the Super Lawyers accolade, we are passionate about strong legal advocacy and motorcyclist rights.

Contact us today for a free consultation about your legal options after a motorcycle accident.