Illinois does not require motorcycle riders to wear a helmet. So, a biker faces no criminal consequences for failing to wear a helmet. Plus, since it is not required, there is no presumption of negligence if helmetless in a motorcycle wreck. That makes it easier for bikers to prevail in personal negligence lawsuits against other drivers.
While there are some reckless bikers, most motorcycle crashes are due to negligence by other drivers. Drivers often ignore motorcyclists. They may not understand the particular challenges that come with riding a bike. Plus, it can be difficult for drivers to spot bikers, leading to accidents. When you are injured in a motorcycle accident, the other party may try to blame your failure to wear a helmet. Familiarizing yourself with Schaumburg motorcycle helmet laws is key to understanding your rights after a wreck.
The Importance of Helmets
While not required by law, it is imperative to understand that helmets and other safety equipment make a tremendous difference in outcomes in a wreck. Bikers are far less likely to die or suffer traumatic brain injuries when they wear U.S. Department of Transportation-compliant helmets. It may not be the law, but wearing a helmet is always a good idea.
That said, the state has elected to give riders the choice of whether or not to wear a helmet. It seems to recognize that most bikers are very responsible. It also acknowledges that they are vulnerable to damage in wrecks with larger vehicles—whether or not they use a helmet—even riders who use safety gear risk life-altering injuries in the event of a collision.
People may try to blame the victim after a motorcycle wreck. Whether or not a person was wearing a helmet, they do not deserve the injuries that accompany many Schaumburg motorcycle accidents.
Helmets and Minors
Some states allow adults to choose to ride without helmets but require them for minors. Illinois does not. Regardless of the biker’s age, Illinois law does not require helmets.
Parents can usually bring personal injury lawsuits on behalf of minors involved in motorcycle crashes. However, suppose someone injured as a minor wants to explore potential remedies after reaching adulthood. In that case, they may have a valid legal claim, since Schaumburg does not require riders of any age to wear motorcycle helmets.
Potential Injuries
Riding a motorcycle without a helmet has risks, even in low-speed scenarios. Any collision has the potential to cause long-lasting injuries. Illinois is a modified comparative negligence state—as long as a person is less than 50 percent responsible for their injury, they can recover from the other parties. A factfinder will look at each party’s portion of responsibility for the accident when determining financial damages.
Recovery can be essential for victims of motorcycle accidents. The chance of severe injuries is high. Spinal injuries and traumatic brain injuries can alter the entire course of a person’s life. Medical treatment, lost wages, and loss of earning capacity can lead to financial devastation. The fact that it is legal to ride without a motorcycle helmet in Schaumburg can help injured bikers get the compensation that they deserve.
Speak to a Schaumburg Motorcycle Attorney About Helmet Laws
The aftermath of a motorcycle accident can be confusing. You may not understand all of your potential remedies. If riding without a helmet contributed to the injuries, you may also experience feelings of guilt and remorse. However, nothing can change past circumstances. Talk to a lawyer at The Kryder Law Group to understand Schaumburg motorcycle helmet laws. They can explain how criminal and traffic laws impact negligence findings in civil suits and discuss your potential remedies.
(312) 223-1700