Motorcyclists in Illinois have the same rights to use public roadways as drivers of cars and trucks. However, because motorcycles operate differently and are more exposed to injury, Illinois has specific laws governing licensing, equipment, and roadway conduct.
If you have been involved in a collision, understanding Illinois motorcycle laws can help clarify your responsibilities and protect your legal rights. Insurance companies often attempt to misinterpret these laws or rely on unfair stereotypes about riders. Knowing the law is one of the first steps toward protecting yourself.
Below is a comprehensive overview of Illinois motorcycle laws and what riders should know after a crash.
Motorcycle Licensing Requirements in Illinois (625 ILCS 5/6-104)
Under 625 ILCS 5/6-104, Illinois requires motorcycle operators to obtain a valid Class M endorsement or license.
Class M License
- Required for all motorcycles with engines over 150cc
- Applicants must pass a written test and road skills test
- Motorcycle Safety Foundation (MSF) courses may satisfy the road test requirement
Class L License
- Covers motor-driven cycles with engines of 150cc or less
Instruction Permit
- Available for new riders aged 16 or older
- Riding restricted to daylight hours and no passengers
Riding without a valid motorcycle license can affect a personal injury claim. Insurance adjusters may argue that an unlicensed rider assumed additional risk, though this does not automatically bar recovery under Illinois fault.
Helmet Laws and Protective Equipment (625 ILCS 5/11-1404)
One of the most frequently misunderstood Illinois motorcycle laws concerns helmet use.
Illinois does not require motorcycle helmets for riders age 18 or older under 625 ILCS 5/11-1404.
However:
- Protective eyewear is required unless the motorcycle has a windshield.
- Passengers must follow the same rules.
Although helmets are not legally required for adults, wearing one may significantly reduce the risk of traumatic brain injury.
Insurance companies sometimes argue that failure to wear a helmet contributed to injury severity. This does not automatically prevent recovery.
For more information, see:
I Was in a Motorcycle Accident But Was Not Wearing a Helmet — What Now?
Lane Splitting Is Illegal in Illinois
Lane splitting — riding between lanes of slow or stopped traffic — is not legal in Illinois.
If a rider is involved in a crash while lane splitting, the insurer may use this to argue contributory negligence. Under Illinois’s modified comparative fault system (735 ILCS 5/2-1116), a rider can still recover damages as long as their fault does not exceed 50%.
Insurance Requirements for Motorcyclists (625 ILCS 5/7-203)
Motorcyclists must carry liability insurance meeting the state minimum under 625 ILCS 5/7-203.
Minimum Coverage Limits:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $20,000 for property damage
Because motorcycle accidents often result in severe injuries, these minimum limits are frequently insufficient.
Uninsured and underinsured motorist coverage can be critical.
For more information, see:
Uninsured and Underinsured Motorist Claims.
Right-of-Way Violations: A Leading Cause of Motorcycle Crashes
Many serious motorcycle collisions occur when drivers violate a rider’s right of way.
Common Scenarios:
- Left-turn accidents at intersections
- Drivers pulling out from driveways
- Failure to yield during lane changes
Drivers often claim they did not see the motorcycle. However, under Illinois law, all motorists have a duty to maintain a proper lookout.
Your Rights as a Motorcycle Rider After a Crash
If you are involved in a motorcycle accident in Illinois, you have rights under state law.
Right to Seek Full Compensation
Under Illinois personal injury law, you may recover compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of normal life
No Penalty for Riding a Motorcycle
Choosing to ride a motorcycle does not reduce your legal rights.
Right to Hire Legal Counsel
You have the right to consult an attorney before giving statements or accepting settlement offers.
Learn more on our
Motorcycle Accident Attorney page.
Insurance Company Bias Against Riders
Unfortunately, some insurers rely on stereotypes that motorcyclists are reckless.
Adjusters may attempt to:
- Shift blame to the rider
- Argue assumption of risk
- Minimize injury severity
Illinois law evaluates cases based on evidence, not stereotypes.
For more information, see:
Overcoming Bias in Motorcycle Accident Cases.
Comparative Fault and Motorcycle Accidents
Under 735 ILCS 5/2-1116, Illinois uses modified comparative fault.
This means:
- You can recover compensation if your fault is 50% or less
- Your award is reduced by your percentage of fault
- If you are 51% or more at fault, you cannot recover
For a detailed breakdown, see our Comparative Fault in Illinois page.
Related: Common Motorcycle Accident Injuries
Motorcycle accidents frequently result in serious injuries.
To review common injury types, visit:
Common Motorcycle Accident Injuries.
Frequently Asked Questions
Do I have to wear a helmet in Illinois?
No. Illinois does not require helmets for riders over 18, though protective eyewear is required unless the bike has a windshield.
Is lane splitting allowed?
No. Lane splitting is not legal in Illinois.
Can I recover damages if I was partially at fault?
Yes, as long as you are less than 51% at fault. Your compensation will be reduced proportionally.
What if the driver says they didn’t see me?
Drivers have a legal duty to maintain proper lookout. Failure to see a motorcycle does not excuse negligence.
Contact Parker & Parker Attorneys at Law
Understanding Illinois motorcycle laws is critical after a serious crash. Knowing your rights can protect you from unfair insurance tactics and help you pursue full compensation.
Parker & Parker Attorneys at Law represents injured motorcyclists throughout Peoria and Central Illinois.
Parker & Parker Attorneys at Law
300 NE Perry Ave
Peoria, IL 61603
Phone: 309-673-0069
Contact us today to discuss your case.