Motorcycle Helmet Laws in Chicago

Most states in the US have laws requiring motorcycle riders to wear helmets. Illinois, however, is one of three states in the US without any motorcycle helmet laws. As such, riders in Chicago do not need to wear a helmet, regardless of age and experience level. You cannot get a ticket for riding without a helmet, and the police cannot pull you over for riding without a helmet. Still, the state’s Department of Transportation heavily encourages riders to wear helmets for safety benefits.

Illinois Motorcycle Equipment Laws

Illinois used to have universal helmet laws, but the state’s Supreme Court overturned them in 1969 as unconstitutional and beyond the state’s authority to enforce. Since then, no legislation has passed helmet requirement laws, although there have been a few attempts to reinstate them.

Although there are no helmet laws, Illinois does have eye protection laws for motorcycle riders. 625 ILCS 5/11-1404 states that riders must wear appropriate eye protection unless they have a windshield on their bikes that covers the eyes. Motorcycle riders in Illinois are not required to wear any other form of safety gear other than eye protection.

Will Not Wearing Helmet Affect an Injury Settlement?

Illinois is a comparative negligence state, meaning that injury victims can share liability for accidents and still recover damages. However, the amount of compensation they get is reduced by the amount of fault they bear. So, it’s natural to wonder whether a lack of a helmet counts as negligence and whether not wearing one could reduce a victim’s compensation in a motorcycle accident lawsuit. 

The answer here is a bit complicated. Illinois’s appellate courts have technically ruled that failing to wear a helmet is not admissible as evidence of negligence in motorcycle accident cases (e.g., Hukill v. DiGregoria, 1985). Failing to wear a helmet cannot be negligence per se, as there is no law explicitly requiring it.

However, a lack of a helmet can still impact a jury’s deliberation, even if a court would not admit it as evidence. The reality is there is not much one can do to stop juries from considering a lack of a helmet as a mitigating factor when deciding damages.

Whether or not a lack of a helmet would affect the verdict of a personal injury lawsuit depends on the nature of the injuries. If a helmet would have likely reduced the severity of damage, then it’s more likely a lack of a helmet will impact your claim. Here is where a personal injury attorney can assist. They can argue persuasively that any injuries do not relate to a lack of a helmet and prevent shared liability concerns from affecting a civil claim or lawsuit. They can also refute attempts by the at-fault party to redirect blame toward the victim.

Should I Wear a Helmet While Riding in Chicago?

Whether or not to wear a helmet is ultimately a personal decision for individuals to make. However, studies have shown that helmets increase safety and significantly reduce the risk of suffering fatal injuries from motorcycle accidents. According to the National Safety Council, wearing a helmet can reduce the risk of dying in a motorcycle accident by as much as a third (37 percent). The CDC also estimates that a motorcycle helmet reduces the risk of serious head injury by as much as 69 percent.

If you decide to wear a helmet, you should get one that meets DOT-approval standards. The DOT evaluates helmets based on a number of metrics relating to:

• Helmet shape/style
• Impact resistance
• Weight
• Securing straps

Wearing a DOT-approved helmet can provide an optimal level of protection so you can enjoy riding without injury or liability concerns.

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