At Bonifield & Rosenstengel, P.C., we know that motorcycle helmet laws in Illinois can be confusing, especially when it comes to injury claims you may need to file if you were injured by someone else while riding your motorcycle. The best way to protect your rights is to understand how the laws impact your case.
Illinois Helmet Laws: What’s Required?
Illinois is one of the few states without a motorcycle helmet law. You don’t legally have to wear a helmet while riding your motorcycle here. Illinois law does, however, require all riders—regardless of age—to use eye protection, such as goggles, glasses, or a windshield.
Helmet Use and Personal Injury Claims
Since Illinois doesn’t require helmets, you might think helmet usage doesn’t matter in an injury claim. But whether you wore a helmet or not can influence your case in ways you might not expect.
Illinois has a comparative negligence law, which means your compensation can be reduced if you’re partly responsible for the crash and your injuries. Even though helmets aren’t required, insurance companies may argue that not wearing one made your injuries worse. They may use this argument to try to pay you less, but we know how to push back.
If you weren’t wearing a helmet, that doesn’t mean you don’t have a strong case. Insurance companies may try to use it against you, but we push back. What matters is who caused the accident, not whether you had a helmet on. Our focus is on holding the at-fault driver accountable and fighting for the compensation you need.
How Helmet Use Could Affect Your Case
Failure to wear a helmet while riding could have a greater impact than you expected:
- More Severe Injuries: Without a helmet, head injuries can be worse. Insurance companies may use this to argue that you’re partly responsible for higher medical costs.
- Lower Settlement Offers: Insurers might claim your injuries wouldn’t be as serious if you had worn a helmet, using that argument to justify a smaller payout.
- Jury Perception: Even though helmets aren’t required, a jury could see riding without one as risky, which might affect their decision on your case.
Steps to Take After an Accident
If you’re in a motorcycle accident, take these steps to protect yourself:
- Get medical attention right away. Even if you feel okay, some injuries take time to show symptoms.
- Document everything. Take photos of your injuries, damage to your bike and the other vehicle, and the accident scene.
- Be careful with insurance companies. Don’t give detailed statements before talking to a lawyer.
- Call a motorcycle accident lawyer as soon as possible. The sooner we get started, the stronger your case can be.
Let Us Protect Your Rights
You aren’t required to wear a helmet in Illinois, but we’ve seen firsthand how helmets can reduce injuries and strengthen personal injury cases. They can also make it harder for insurance companies to argue that you contributed to your injuries.
If you’ve been hurt in a motorcycle accident, Bonifield & Rosenstengel, P.C. is here to help. Illinois motorcycle accident claims can be convoluted, but we’ll help clarify any questions you have. Reach out to us, and we’ll take care of the legal fight while you recover.