Can a Motorcycle Rider Without a Helmet Still Sue After a Crash?

 Posted on March 31, 2025 in Motorcycle Accidents

According to Statista data from 2022, there were an estimated 291.539 motorcycles registered in Illinois. That same year, there were 2,395 motorcyclists injured and 145 killed in Illinois crashes. Although the 2023 Illinois motorcycle crashes produced only 2,373 injuries, the number of deaths rose to 168.

Motorcycle accidents affect many lives. Riders can be badly hurt, especially if they are not wearing helmets. Some people mistakenly believe that injured bikers cannot file a compensation claim unless they were wearing a helmet, but that is not necessarily true. To find out if you qualify to file a claim, your best bet is to call our office and speak with one of our knowledgeable Rockford, IL motorcycle accident attorneys.

Does Illinois Have a Motorcycle Helmet Law?

Illinois laws do not require motorcycle operators and passengers to wear helmets. Deciding not to wear a helmet probably does not contribute to causing a crash, but that choice could make a rider’s injuries worse. Eligibility to file a claim rests on the cause of the accident, not helmet use. However, the amount of compensation could be lower.

Motorcycle Accident Causes and Shared Fault

Most motorcycle accident claims are based on negligence. In personal injury cases, negligence is a careless behavior that harms others. Vehicle drivers and motorcycle operators all have a legal duty to drive safely to reduce the chance of causing a collision. Examples of negligent driving behaviors include:

• Speeding

• Failing to yield the right of way

• Tailgating

• Running red lights or stop signs

• Driving while fatigued, distracted, or under the influence of drugs or alcohol

Because motorcycles are much narrower than cars, motorcyclists sometimes attempt to pass other vehicles by lane splitting or driving on the shoulder of the road. Those actions can also contribute to accidents.

Many times, more than one person contributes to causing a crash. In those cases, Illinois uses modified comparative negligence to decide whether an injured victim can file a compensation claim. If a motorcycle rider is less than 50 percent at fault for causing the collision that injured him, he should be able to file a claim. However, the amount of compensation he may receive will be reduced by his percentage of fault.

For example, suppose Joe is riding his bike while distracted. Bill runs a red light and hits Joe. If Joe had been paying attention to the road, he may have been able to swerve out of Bill’s way. Still, the majority of the fault rests with Bill. If Joe’s assigned fault is 25 percent, the most he could collect through a compensation claim is 75 percent of his total damages.

Understanding How Not Wearing a Helmet Could Reduce Your Compensation

While helmets cannot prevent injuries or death, they are effective safety measures. According to the Centers for Disease Control and Prevention, helmets reduce the risk of head injuries by 69 percent. They also reduce the risk of death by 37 percent for motorcycle operators and 41 percent for passengers.

Insurance companies know that unless you have a lawyer representing you, they can probably get away with paying you only a small amount or even denying your claim. If you were not wearing a helmet during your motorcycle crash, the insurer is likely to try to use that against you.

The insurance company may claim that if you had been using a helmet, your head would not have been injured. If that does not work, they might say that your brain injury would not have been as severe with helmet usage.

It is hard to place an accurate percentage of your injury’s severity on the lack of wearing a helmet. For example, it might be said that your injuries are 40 percent worse than they would have been if you were using a helmet. If that were true, your damages would be reduced by 40 percent.

This type of issue can get very complicated very quickly. You need a skilled lawyer who understands how to win even the most complex claims if you hope for a favorable outcome.

What Damages Could I Get for a Motorcycle Accident?

As mentioned, injuries in motorcycle crashes are often very serious. Traumatic brain injuries, road rash, severe fractures, and crushing injuries are common. Organ damage, amputations, and spinal cord damage are also likely. These and other severe injuries would require intense medical treatment, and you could be out of work for a long time. You might not ever be able to return to your job.

If your motorcycle accident left you paralyzed or with other disabilities, you might need to hire somebody to help you take care of yourself. You might need a modified vehicle to accommodate your condition, and you could need to add a wheelchair ramp or other handicap-accessible features to your home. Your bike may have been totaled. The financial losses you face because of your crash are called economic damages.

The damages from a motorcycle accident can be astronomical, but the costs to your quality of life can be similarly devastating. You may experience PTSD, anxiety, and depression. If you cannot ride in the future, your accident may have cost you your primary way of enjoying yourself or getting around. These and other forms of pain and suffering can make you lose the ability to enjoy your life. This category of intangible losses is called non-economic damages.

In personal injury cases, the word "damages" is used to describe both the specific losses you have suffered and the monetary compensation or reimbursement you could receive because of those losses. No two injured victims have the exact same damages, so there is no way to predict what your settlement amount would be. However, we have extensive experience winning complex, high-value claims. We know how to build a strong case, calculate your damages accurately, and fight aggressively against insurance companies that want to devalue claims.

Call Our Highly Effective Rockford, IL Motorcycle Accident Lawyers

Winning complex cases requires experience, focused legal knowledge, skill, and determination. At Mannarino & Brasfield, A Division of Schwartz Jambois, we exceed those requirements. To speak with one of our exceptional Winnebago County, IL personal injury attorneys, call 815-215-7561 or contact us online. We offer initial consultations at no charge.