Motorcyclists are the group in both Illinois and Indiana facing the greatest danger of dying in an accident: why are there no mandatory helmet laws?
Motorcycle helmet laws in Illinois and Indiana are the target of change for safety advocates, as discussed in our previous post. Their studies reveal motorcyclists in both Illinois and Indiana are at the greatest risk of dying in a traffic accident of any group (including teen drivers and drunk drivers). An all-rider motorcycle helmet law is suggested legislation for both Indiana and Illinois.
History of Motorcycle Helmet Laws in Illinois and Indiana
Motorcycle helmet laws existed for both Illinois and Indiana until the mid-20th Century, when both state legislatures removed the statutory requirements from the state law books. This has been a trend among other states as well; Michigan, for instance, repealed its motorcycle helmet law in 2012.
Why remove the old mandatory motorcycle helmet laws?
There was heated debate in both Indiana and Illinois about getting rid of these safety laws. Many were concerned about the greater risk of death that faced any motorcyclist who was in a crash without a helmet for protection.
However, proponents for getting rid of the motorcycle helmet laws argued first that the helmet laws did not prevent accidents from happening. Secondly, it was argued that forcing a motorcyclist to wear a helmet violated their civil liberties and freedoms guaranteed by the Constitution.
From their perspective, wearing a helmet “should not be a government mandate,” but instead “… be the responsibility of each rider to decide for themselves whether or not to wear a helmet,” as explained by ABATE of Illinois.
Its website explains that ABATE is: “… mainly known as an ‘anti-helmet’ group responsible for keeping Illinois without a mandatory helmet law for motorcycle riders. This is a half-truth. Yes, we are responsible for engaging in citizen advocacy to keep Illinois from enacting a mandatory helmet bill. We are not “anti-helmet” though. We are pro helmet choice. ABATE believes that it should be the responsibility of each rider to decide for themselves whether or not to wear a helmet, and that helmets should not be a government mandate.”
From ABATE of Indiana: “In 1976 ABATE was responsible for the repeal of the state’s mandatory helmet law and continues to defend the equal rights of motorcyclists – preserving their freedom of choice. ABATE of Indiana believes education, not legislation, is the key to creating a safer environment for motorcycling.”
What about a federal motorcycle helmet law?
This was tried by Congress when it passed the Highway Safety Act of 1966, mandating that states had to pass a universal helmet law or they would not be eligible for federal funding. Within ten years, that federal mandate was removed from the federal highway funding statute. There has been no further federal legislation directly or indirectly requiring a motorcycle helmet to be worn.
For more, read “Senate keeps lid on required helmet use,” written by George P. Blumberg and published by the Chicago Tribune on June 19, 2005; and Homer, Jenny, and Michael French. “Motorcycle helmet laws in the United States from 1990 to 2005: politics and public health.” American Journal of Public Health 99.3 (2009): 415-423.
2020 Illinois: No Motorcycle Helmet Law Whatsoever
The Illinois statute that required wearing a motorcycle helmet was repealed in 1969. Today, only Illinois, New Hampshire, and Iowa allow motorcyclists to decide on helmet use without any form of legislation requiring a motorcycle helmet for either drivers or passengers of a motorcycle.
Current Illinois law requires only that the “…operator of a motorcycle, motor driven cycle or moped and every passenger thereon shall be protected by glasses, goggles or a transparent shield.” No helmet.
2020 Indiana: No Motorcycle Helmet Law for Adults
At one time, Indiana also had a mandatory motorcycle helmet law, but it was repealed in 1977. Since then no one operating a motorcycle (or riding as an adult passenger) is legally required to wear a motorcycle helmet in the Hoosier State.
Indiana laws have been passed that require children (anyone under the age of 18 years) to wear a helmet if they are drivers or passengers on a motorcycle. Anyone operating a motorcycle with only a learner’s driving permit must also wear a helmet.
Motorcycle Accident Claims and Motorcycle Helmet Laws
Today, the arguments continue on both sides of the fight for mandatory helmet laws in Indiana and Illinois. Both sides recognize that serious accidents involving motorcycles can mean non-helmet-wearing drivers and riders will suffer serious traumatic brain injuries as well as neck and spinal injuries which often prove fatal.
Nevertheless, there is no universal legal duty placed upon the motorcyclist to wear a helmet in either Indiana or Illinois. Each fatal motorcycle crash must be individually investigated for the causes of the crash as well as the resulting fatal injuries.
If the investigation reveals someone (or something) had a duty of care which was breached and resulted in the motorcycle accident fatality, then the personal injury and wrongful death laws of Indiana and Illinois provide avenues for justice to the victim and their loved ones.
For more on motorcycle accidents in Indiana and Illinois, read:
- Fatal Motorcycle Accidents: Failure of Other Drivers’ Motorcycle Awareness
- Motorcycle Safety Awareness and Danger of Fatal Motorcycle Accidents
- Deadly Motorcycle Accidents: No Mandatory Helmet Laws for Indiana and Illinois
- Motorcycle Accident in Indiana or Illinois: Risk of Death or Serious Injury in a Motorcycle Crash
- Fatal Motorcycle Accidents in Indiana and Illinois: How Great is the Danger?
Motorcyclists are considered by safety advocates to be in the highest risk group for a deadly crash in either Illinois or Indiana. Please be careful out there!
