Absolutely, you can still sue if you were not wearing a helmet at the time of your motorcycle accident in Illinois. While not wearing a helmet may be considered when determining fault or calculating damages, it does not automatically bar you from seeking compensation, especially if someone else’s negligence caused the crash.
No Helmet Law for Motorcyclists in Illinois
Illinois does not have a universal helmet law for adult motorcyclists. This means that riding without a helmet is not illegal, and choosing not to wear one does not constitute a violation. However, safety advocates strongly recommend wearing a helmet to reduce the risk of severe head injuries.
How Helmet Use Affects Liability and Compensation
Even though it is not required by law, failing to wear a helmet can still impact your claim under Illinois’ modified comparative negligence system. Here’s how it works:
- If the other party’s negligence primarily caused the accident, you can still recover compensation.
- If your lack of a helmet contributed to the severity of your injuries (e.g., head trauma), the defense may argue that your compensation should be reduced.
- As long as you are less than 50% at fault, you are still eligible for damages, though the amount you receive may be adjusted based on your degree of responsibility.
Insurance Companies and Shifting Blame
Insurance companies often try to reduce their liability by arguing that not wearing a helmet contributed to your injuries. At our law firm, we understand how to counter these tactics. We thoroughly investigate your case, work with medical experts to assess the true cause of your injuries, and build a strong argument that the primary fault lies with the negligent party, not your helmet use.
Free Consultation to Discuss Your Case
Handling a motorcycle accident case without legal support can put you at a disadvantage, especially when helmet use becomes a focal point. Our firm has extensive experience representing injured motorcyclists across Illinois, including Chicago and surrounding areas. We are committed to making sure your rights are protected and that you receive the compensation you deserve, regardless of helmet use. If you’re unsure how your decision not to wear a helmet might affect your claim, contact us for a free consultation. We’ll provide clear, honest answers and help you understand your options. Your right to justice shouldn’t be compromised by misleading insurance tactics or misconceptions about helmet laws.
