The Midwest is a haven for bicyclists. Illinois has invested a lot in bike trails and lanes on streets. According to a 2024 poll by The League of American Bicyclists, Illinois ranks as the 11th most bicycle-friendly state in the country.
With more people using bikes for transportation and recreation, the risk of collisions and injury climbs. Examining state transportation data, there are thousands of bicycle accidents every year, with an average of 30 fatalities. Most of the serious injuries involved the absence of a helmet.
If you’ve been injured in a bicycle accident without a helmet, you may be wondering what your legal options are — or lack of — on a claim for compensation.
In this post, we’ll explain how local helmet laws work, the effect of helmet use on injury claims, and offer practical advice for riders after an accident — whether or not a helmet was worn. Let’s dive in.
Helmet Laws in Illinois and the Midwest
Bicycle laws vary across the Midwest, but most states in the region do not require bicycle helmets.
Illinois, Indiana, and Wisconsin have no statewide laws requiring adults to wear helmets while riding a bicycle. However, helmets are widely recommended. Cities like Chicago have promoted helmet use through safety campaigns.
While Indiana does not mandate helmet use for adult cyclists, the state requires helmets for riders under 18 when participating in certain state-sponsored events or parks.
If you’ve been injured in a bike accident, helmet laws set the context for how injury claims are evaluated. In the scenario where there are no legal requirements for helmet use, the choice to wear (or not wear a helmet) generally does not bar you from making a claim.
Still, whether a helmet was worn may factor into the discussion with insurance companies – or in court.
How Helmets Impact Injury Severity
Studies consistently show that wearing a helmet can significantly reduce the risk and severity of certain injuries in bike accidents, especially a serious head injury.
Cyclists who do not wear helmets are more vulnerable to severe trauma, longer recovery times, and increased medical costs.
Bike Accidents, No Helmet, and Legal Outcomes
One of the most common concerns we see with injured cyclists is if not wearing a helmet will reduce (or void) their ability to recover damages after an accident.
In Illinois, there are comparative negligence laws that factor into injury claims. This legal rule measures how much fault each party had in causing the accident and injury. If you are found partly at fault (like if you were not riding in the bike lanes), the law usually considers if your actions contributed to causing the accident itself, not just to the severity of your injuries.
Courts in Illinois, Indiana, and Wisconsin typically focus on whether traffic laws were broken and who was responsible for the collision.
Since helmet use is not required by law for adults, insurance companies cannot automatically deny your claim if you were not wearing one. However, insurers may try to argue in the claim negotiation process that not wearing a helmet contributed to the severity of your injuries.
The strength of your claim relies on evidence, witness statements, and clear documentation of fault. When you work with a skilled bicycle accident attorney, they will work directly with the insurance companies to fight for the highest settlement, regardless of whether or not you were wearing a helmet.
Steps to Take After a Bike Accident When No Helmet Was Worn
If you suffered injuries in a bike accident (with or without a helmet), the immediate steps you take after play a key role in filing an injury claim – and earning compensation.
Step1: Seek Medical Care at the Scene
Even if the injuries seem minor, spinal cord injuries and traumatic brain injuries may take hours or days to show symptoms. Delayed medical attention can lead to complications. Call the authorities immediately.
The police and a medical team will be dispatched. Always get examined by the medical team on the scene. This is extremely important, even if you feel fine. These teams can spot the early signs of serious head injuries before the symptoms show. Their analysis will be included in the official police report – which is a crucial piece of evidence in an injury claim.
From here, make an appointment with your doctor as soon as possible. Be honest with healthcare providers about not wearing a helmet, as this information may be noted in your records. This documentation could be helpful if there are disputes about the severity of your injuries or the cause of the accident down the line.
Step 2: Document the Accident Thoroughly
If you can, try to take photos of the scene, your bike, your injuries, and any road conditions that may have contributed to the crash.
These images will help provide a clear visual account of what happened and can be valuable when working with insurance companies – or in court.
Next, collect contact information from witnesses and the driver involved, including their insurance details. This will allow you to follow up with them later or provide to your attorney to make sure all parties involved are accounted for in the bicycle accident case.
Step 3: Gather ALL Records Related to the Accident
Request and organize all records of the official police report, medical bills, treatments, and pay stubs for any lost wages.
These documents serve as proof of your expenses to establish the financial impact the accident has had on your life. Keep track of any follow-up appointments, medications, and therapies, as this will clearly outline your ongoing recovery process and strengthen your case for compensation.
Step 4: Consult Dedicated Bicycle Accident Attorneys
In the days following the accident, reach out to a local personal injury attorney – one with experience in bicycle accident injury cases. Most consultations with these lawyers are free. They can help you understand your legal rights and explain your options to seeking rightful compensation.
Proving Fault in Bicycle Crash
Establishing who is at fault is the key factor in every bike accident injury claim. Helmet use is only part of the equation — the core issue is who caused the crash. This may be demonstrated through:
Eyewitness Statements
Statements from people who saw the accident can clarify what happened. Eyewitnesses may have observed important details, such as the speed of the vehicle or the actions of the driver before the crash. Their accounts can strengthen your case by providing a 3rd party perspective of the incident and confirming your version of events.
Police Reports
The official police report provides the responding officer’s summary of the accident, witness observations, and in some cases, diagrams. In addition to the basic facts, the report may also include details about traffic violations, the scene’s condition, and any laws that may have been broken by the at-fault party.
Photos and Video Footage
This is where the pictures and videos you took at the scene come into play. In addition to your own documentation, big cities like Chicago, Indianapolis, or Milwaukee often have traffic cameras or business security systems that may have captured the incident.
This footage can provide irrefutable evidence of the events leading up to and during the accident. When you work with an attorney, they will coordinate with municipalities, business owners, or even residential properties with surveillance systems to gather the evidence.
Consistent Testimony
Your recollection and testimony should match up with other available evidence.
Your version of events needs to be consistent across different forms of documentation, including the police reports, witness statements, and photographs. Discrepancies between your testimony and the evidence could weaken your case and provide grounds for the other party or insurance company to challenge your claim.
Legal Representation
Insurance companies may attempt to shift blame to you in an attempt to minimize the payout —particularly if you were not wearing a helmet.
An experienced bicycle accident lawyer will advocate for you, making sure that any attempts to reduce your compensation based on factors (like helmet use) are countered. They will also handle all the legal steps in the case, which involves gathering evidence and presenting a strong case.
With proper legal support, you are more likely to secure the compensation you deserve and avoid being taken advantage of during the claims process.
How Do Bicycle Accident Injury Lawyers Help Secure Maximum Compensation?
When you’ve been injured in a bike accident, securing fair compensation is a long, complicated road – even if the evidence is clear. These disputes can become more complex if helmet use is involved. Here’s how bicycle accident attorneys advocate for you:
Investigating the Accident and Establishing Fault
The first step in a bicycle accident injury claim is determining who was at fault for the accident. A bicycle accident lawyer will work to gather evidence, including (but not limited to):
- Eyewitness Statements
- Police Reports
- Photos and Video Footage
- Accident Reconstruction
These pieces of evidence help your lawyer show that the at-fault party, which may be negligent motor vehicle drivers, were responsible for the accident — not your lack of helmet use.
Negotiating for a Fair Settlement
Once liability is established and evidence is gathered, your lawyer will negotiate with the insurance companies on your behalf. This is an essential step, as many bike accident cases settle outside of court. A well-negotiated settlement can result in:
- Full Compensation for Medical Costs
- Lost Wages
- Pain and Suffering
Keep in mind, negotiating with insurance companies without an attorney is extremely difficult. In many cases, insurance companies will offer a low settlement that may not adequately cover your damages. Experienced bicycle accident attorneys make sure every single damage is accounted for in your case.
Countering Insurance Company Tactics
Insurance companies commonly attempt to minimize payouts or deny claims by blaming the victim, especially if you weren’t wearing a helmet. They may try to challenge claims that not wearing a helmet contributed to the severity of your injuries.
An attorney can work diligently and tactfully to make sure that all injuries — whether related to head trauma or not — are fully documented and advocated for. The goal is to secure the maximum possible compensation for both medical bills and other damages like lost wages or pain and suffering.
Taking Your Case to Court if Needed
First of all, it’s important to note that most bicycle accident injury cases are settled out of court. However, if the insurance company refuses to offer a fair settlement, an attorney with trial experience may decide to take your case to court.
With thorough evidence and expert legal representation, they can help you pursue the compensation you deserve within the state’s court system, regardless of the defendant’s tactics to avoid responsibility.
What’s the Next Step
The aftermath of a bike accident can feel overwhelming, especially when dealing with insurance adjusters and legal challenges.
An experienced lawyer can manage the entire process to build your claim with evidence and negotiating for the settlement you deserve – regardless of whether or not you were wearing a helmet. Helmet use is a key factor in safer bicycling, but the law in Illinois, Indiana, and Wisconsin rarely makes helmet use a decisive issue for adult injury claims.
At Midwest Injury Lawyers, we’ve represented hundreds of bicycle accident victims – and we’re here to help you, too. Schedule a FREE consultation to speak with our firm. You’ll work directly with a Chicago bicycle accident injury lawyer to discuss your situation, evidence, and legal options to pursue justice.