Can Not Wearing a Helmet Impact Your Motorcycle Accident Claim in Illinois?

 Posted on September 05, 2025 in Motorcycle Accidents

Motorcyclists in Illinois face unique risks on busy streets and highways. When a crash happens, the severity of injuries often depends on whether protective gear was used, and riding without a helmet can influence how insurance companies and courts view your case. A Chicago, IL personal injury attorney can explain how helmet use may affect your claim and help protect your right to fair compensation.

Does Illinois Law Require Motorcycle Helmets?

Unlike most states, Illinois does not require motorcycle riders or passengers to wear helmets. The Illinois Vehicle Code, under 625 ILCS 5/11-1404, requires riders to have protective eyewear, but it does not impose a helmet law.

Even though helmets are not legally required, your decision to wear or one or not can still become an issue in your case. Courts and insurers may consider whether you wore a helmet when deciding fault or damages. For example, if you suffer a head injury and you were not wearing a helmet, the defense might claim you could have prevented your injuries or made them less severe if you had worn protective gear.

Can Not Wearing a Helmet Reduce Your Compensation in a Motorcycle Accident Case?

Illinois follows a modified comparative negligence system outlined in 735 ILCS 5/2-1116. Under this rule, if you are more than 50 percent responsible for your injuries, you cannot recover damages. If your share of fault is less than 50 percent, your compensation is reduced by that percentage.

Since helmet use is not required by law, you cannot be penalized directly for failing to wear one. However, if your injuries were clearly worsened by not wearing a helmet, a judge or jury could assign you a portion of the blame. For example, in a crash caused by a speeding driver, you may still win damages, but your award might be reduced if your head injury was made worse because of the lack of protection.

What Damages Can You Recover After a Motorcycle Accident in Illinois?

Illinois law refers to the losses you sustained as damages. These include the full impact of the crash, from financial loss to how the accident affects you emotionally. If you can present evidence that the other party’s negligence caused the accident, you could potentially recover monetary compensation for:

• Medical expenses, such as hospitalizations, surgery, medication, and rehabilitation

• Lost income, including wages missed during recovery and reduced earning capacity

• Property damage covering repairs or replacement of your motorcycle

• Pain and suffering involving physical pain, emotional distress, and reduced quality of life

In particularly reckless cases, Illinois law, under 735 ILCS 5/2-1115.05, allows punitive damages. These are designed to punish conduct that shows a conscious disregard for the safety of others, such as drunk or aggressive driving.

An experienced attorney can help prove the extent of your damages using medical records, accident reports, and expert testimony, giving you the best chance at a fair outcome.

Schedule a Free Consultation With a Chicago, IL Motorcycle Accident Attorney

Motorcycle accident cases in Illinois can become complicated when helmet use is raised as an issue. Having strong legal representation is the best way to protect your rights.

At Winters Salzetta O'Brien & Richardson, LLC, our team includes attorneys recognized by Super Lawyers, Leading Lawyers, the Million Dollar Advocates Forum, and more. These honors reflect our commitment to achieving exceptional results for our clients while providing the personal attention each case deserves. We will fight for your best interests, build a strong case, and pursue the full compensation you need. If you or someone you love has been hurt in a crash, contact us today at 312-236-6324 to schedule your free consultation with our experienced Chicago, IL motorcycle accident lawyers.