Can Motorcyclists Sue If They Were Not Wearing a Helmet?

 Posted on May 30, 2025 in Motorcycle Accidents

Illinois, New Hampshire, and Iowa are the only states in the U.S. that do not require motorcyclists to wear helmets. Still, Illinois riders are strongly advised to use helmets and other kinds of protective gear to reduce the risk of serious injuries in a motorcycle accident.

Even though the law does not require it, you could face complications in a personal injury case if you were not wearing a helmet. Our knowledgeable Schaumburg, IL motorcycle accident attorneys know how to overcome these challenges and will help you pursue the full compensation you deserve.

Do Helmets Really Prevent Injuries?

According to the National Highway Traffic Safety Administration, 54 percent of motorcyclists who died in 2022 accidents in states without a helmet law were not wearing helmets. For states with a universal helmet law, only 11 percent were not using one. Wearing a DOT-compliant helmet is estimated to be 41 percent effective in preventing motorcycle passenger deaths and 37 percent effective for operators.

Regardless of helmet usage, motorcyclists are extremely likely to sustain serious injuries in a collision. Unlike motorists and car passengers, bikers have no protective structures surrounding them. While a helmet can sometimes reduce the severity of injuries, wearing one does not guarantee that riders will not be harmed in a crash.

If No Law Requires Helmet Usage, Why Could My Motorcycle Accident Claim Be Complicated?

Personal injury cases, including motorcycle accidents, usually require you to prove there is a direct link between someone else’s negligence and your injuries. More than one party can share responsibility for causing a crash. In Illinois, your eligibility to pursue compensation is partially determined by your own degree of fault. If you are more than 50 percent to blame for your motorcycle accident and resulting injuries, you cannot seek a settlement.

Suppose Alex was speeding and distracted. His car hit your motorcycle, and you were seriously wounded. You were not to blame for causing the crash, but you were not wearing a helmet at the time of the collision. Alex’s insurance company is likely to say that your injuries would not have been as severe if you were wearing a helmet. The insurer might try to deny your claim or pay only a small portion of your damages.

With our competent attorneys on your side, you do not have to worry about an insurer taking advantage of you. We know the applicable laws and how they apply to your case. Our investigation should uncover evidence to support your claim. We will meticulously calculate your damages, which may include:

• Lost wages
• Medical and ongoing care
• Property damage
• Permanent disfigurement or disability
• PTSD and anxiety
• Pain and suffering
• Future accident-related expenses and detrimental effects on your quality of life

If you lost a loved one in a motorcycle accident, you may also be able to collect various wrongful death damages. We will do all we can to ensure that you receive maximum compensation, even if you were not wearing a helmet.

Discuss Your Case With Our Arlington Heights, IL Motorcycle Accident Attorneys

You do not have to fight an insurance company for fair compensation alone. Our dedicated Rolling Meadows, IL personal injury lawyers are ready to advocate for your best interests. Schedule your free case review today by calling 847-797-8000 or contacting Newland & Newland, LLP online.