Illinois stands out as one of only three states in the country that does not require any motorcyclist to wear a helmet, regardless of their age and riding experience. If you ride a motorcycle in the Land of Lincoln, the decision to wear a helmet is entirely yours under state law.
That freedom comes with risks to keep in mind, though. For example, if you’re involved in a motorcycle accident, your choice about whether to wear a helmet can come up in ways you might not expect. A Chicago motorcycle accident lawyer can help you understand how this decision may affect your case. Here’s what Illinois riders should know.
What Does Illinois Law Actually Say About Helmets?
Illinois law does not include a motorcycle helmet requirement for riders of any age. This has been the case for decades, as the state repealed its universal helmet law back in 1969. Multiple attempts to reinstate it over the years have failed in the legislature.
While helmets aren’t required, Illinois does mandate that all motorcycle riders wear protective eyewear unless their bike is equipped with a windscreen. This applies to both the operator and any passengers. Violating the eye protection rule can result in a traffic citation.
It’s also worth noting that bicycle helmets are handled separately. Illinois doesn’t have a statewide bicycle helmet law either, though some local municipalities have their own ordinances requiring helmets for younger riders.
How Does Helmet Use Affect a Motorcycle Accident Claim?
This is where things get important for riders. Although Illinois doesn’t require you to wear a helmet, the fact that you weren’t wearing one can still be raised in a personal injury case. If you suffer a head injury in a motorcycle accident and you weren’t helmeted at the time, for instance, the insurance company may argue that your injuries would have been less severe if you had been.
Illinois follows a modified comparative negligence standard that applies to these accident claims in Chicago. Under this framework, you can recover compensation as long as your share of fault for the accident is under 51%. Not wearing a helmet isn’t the same thing as being at fault for the crash itself, but the defense may try to use it to reduce the value of your claim by arguing that your injuries wouldn’t have been as serious otherwise.
Why It’s Still Worth Wearing a Helmet From a Practical Standpoint
Legal arguments aside, the safety case for wearing a helmet is hard to ignore. Head injuries are the leading cause of death in motorcycle accidents, and the National Highway Traffic Safety Administration (NHTSA) estimates that helmets are roughly 37% effective at preventing fatal injuries for riders. For passengers, that number jumps to around 41%.
The bottom line is that while a helmet won’t prevent an accident, it can significantly reduce the severity of your injuries if one happens.
Contact a Motorcycle Accident Lawyer With Meyers & Flowers
If you’ve been involved in a motorcycle accident in Illinois, helmet use is just one of many factors that could affect your claim. An experienced personal injury attorney with Meyers & Flowers can help you take appropriate legal action and work toward securing as much compensation as possible for you under the law.
Call us today for a free consultation to learn more at (630) 576-9696. We work on contingency, which means you only pay attorney’s fees if we successfully handle your case.