Understanding Consequences of Illinois’ Lack of a Motorcycle Helmet Law

Understanding the role of helmet and safety gear use during a motorcycle crash case is critical, especially when filing an injury claim. In many states, the implementation and enforcement of helmet laws vary, and these discrepancies can influence the legal proceedings.

Illinois is one of the few states that does not have a mandatory motorcycle helmet law. A rider’s choice to wear, or not wear, a helmet or other safety gear is not considered admissible evidence. Evidence of failure to wear a motorcycle helmet is generally inadmissible for the purpose of establishing contributory negligence. Furthermore, the failure of a motorcyclist to wear a protective helmet is not admissible with respect to either the question of liability or damages.

However, the decision to wear safety gear can still influence a motorcycle injury claim practically under Illinois law. The perception of helmet use may still affect the jury’s assessment of the case; personal bias regarding helmet use may subconsciously factor into the decision-making process.

Insurance companies often have their own internal policies and views on helmet usage, despite the law. With access to vast data on case outcomes in regards to helmet use, they may reduce settlement offers or take the case to trial regardless of the law.

In Illinois, the decision to forego safety gear cannot in theory be used against someone in a personal injury claim. The court attempts to ensure that a jury’s decision is based solely on admissible evidence and legal principles.

To navigate these complexities, it is vital to have a competent personal injury attorney who understands the nuances of Illinois motorcycle law and how to address helmet use (or lack thereof) at trial.

Cronauer Law has experienced personal injury attorneys who will work hard to protect the rights of injured parties, ensuring that the lack of helmet use does not unjustly diminish the fair compensation for injuries sustained in an accident.

For more information, please contact:

Cronauer Law, LLP

1101 DeKalb Ave., Suite 2

Sycamore, IL 60178

Phone: 815-895-8585/Fax: 815-895-4070

Email: info@Cronauerlaw.com

Website: cronauerlaw.com