Illinois Motorcycle Laws: No Helmet Rule, Insurance and Fault

Illinois is one of the few states with no motorcycle helmet requirement, but it has a strict fault rule and short deadlines. This guide explains the main Illinois motorcycle laws and what they mean if you are hurt in a crash, with links to sources so you can check each point yourself.

Illinois motorcycle rules of the road

Licensing

Illinois requires a Class M license to operate a motorcycle with an engine larger than 150 cubic centimeters. Smaller machines can fall under a different license category, so check with the Illinois Secretary of State before you ride.

Helmets

Illinois does not require motorcycle riders or passengers to wear a helmet, whatever their age. The only equipment rule for riders in the Vehicle Code is the eye protection requirement. Because no law requires a helmet, an insurer cannot point to a broken helmet law when a rider is hurt, although it may still argue that not wearing one made an injury worse.

Eye protection

Under 625 ILCS 5/11-1404, the operator of a motorcycle and every passenger must be protected by glasses, goggles or a transparent shield. Contact lenses do not count as eye protection. A windshield on the front of the motorcycle that extends above the eyes of the seated operator counts as a transparent shield.

Lane splitting

Lane splitting, which means riding between lanes of traffic, is prohibited in Illinois. Insurers often argue that a rider who was riding between vehicles is mostly or entirely at fault, so this rule can affect a claim.

Insurance

Illinois requires motorcycle owners to carry liability insurance of at least $25,000 for injury or death to one person, $50,000 for two or more people and $20,000 for property damage. Illinois is an at-fault state. Those minimum limits can be small compared with a serious motorcycle injury, so check your own policy for uninsured and underinsured motorist coverage. For many riders, that coverage ends up paying a serious claim.

Illinois motorcycle accident law

The deadline to file is 2 years

Under 735 ILCS 5/13-202, most personal injury actions must be filed within 2 years from the date of the injury. A wrongful death action under 740 ILCS 180/2 is generally limited to 2 years from the date of death. Property damage claims, such as damage to your motorcycle, have a longer deadline of 5 years under 735 ILCS 5/13-205.

The 51% fault bar

Under 735 ILCS 5/2-1116, Illinois follows modified comparative fault. A plaintiff is barred from recovering damages if found more than 50% at fault, which means 51% or more. If you are 50% or less at fault, you can recover, but your damages are reduced in proportion to your share of fault.

• 20% at fault: you can recover, reduced by 20%.
• 50% at fault: you can still recover, reduced by 50%.
• 51% at fault: recovery is barred.

As an illustration only, if damages are valued at $100,000 and a jury assigns you 20% of the fault, your recovery would be reduced to $80,000. Illinois allocates fault among the plaintiff and all tortfeasors, which can include someone who was not sued.

Joint liability

Under 735 ILCS 5/2-1117, a defendant whose fault is less than 25% of the total fault is only severally liable for non-medical damages, while defendants at 25% or more remain jointly and severally liable. Identifying every responsible party early matters.

Prejudgment interest

Illinois law, in 735 ILCS 5/2-1303(c), allows prejudgment interest of 6% per year in personal injury and wrongful death actions caused by negligence and certain other conduct. The details depend on the date of the claim and the rules for offers of settlement, so ask a lawyer how it may apply.

What to do after a motorcycle crash in Illinois

• Get medical care promptly and describe every symptom, even ones that seem minor.
• Photograph the scene, your bike, your gear and your injuries.
• Save camera footage from a helmet cam, a dash cam or nearby businesses.
• Keep your helmet, eyewear, jacket and damaged gear instead of throwing them away.
• Collect witness names and ask for the police report number.
• Do not discuss fault with the other driver's insurer until you have spoken with a lawyer.
• Write down your deadline and keep itemized bills and records.

When to talk to a lawyer

A free consultation can help you understand your deadlines, your insurance options and how the 51% bar may be argued. If you decide to hire someone, confirm that the lawyer is licensed in Illinois, ask for the fee agreement in writing and understand how case expenses are handled before you sign.

Frequently asked questions