Question 1

Do you have to wear a motorcycle helmet in Illinois?

Accepted Answer

The Illinois section on special equipment for motorcycle, motor-driven cycle and moped riders requires the operator and every passenger to be protected by glasses, goggles or a transparent shield. That section does not require a helmet.

Question 2

Is lane splitting legal in Illinois?

Accepted Answer

Illinois law says the driver of a two-wheeled vehicle may not pass on the right of a vehicle going the same direction unless there is an unobstructed lane of traffic available to make the pass safely.

Question 3

Can you recover damages if you were partly at fault in Illinois?

Accepted Answer

Modified comparative fault (51% bar). In negligence and strict product liability cases for bodily injury, death or property damage, a plaintiff whose fault is more than 50% of the cause recovers nothing. A plaintiff whose fault is 50% or less recovers damages reduced by his or her share of fault. No fault may be attributed to a plaintiff suing over childhood sexual abuse.

Question 4

What is the minimum car insurance required in Illinois?

Accepted Answer

Vehicles must be covered by liability insurance of at least $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one crash, and $20,000 for property damage (25/50/20).

Question 5

What is the statute of limitations for personal injury in Illinois?

Accepted Answer

A lawsuit for injury to the person (and for false imprisonment or malicious prosecution) must be filed within 2 years after the cause of action accrued. Claims for damages from first degree murder or a Class X felony, where the perpetrator is convicted, are excluded from this limit.

Motorcycle helmet law	The Illinois section on special equipment for motorcycle, motor-driven cycle and moped riders requires the operator and every passenger to be protected by glasses, goggles or a transparent shield. That section does not require a helmet. Read on ilga.gov on 2026-10-28. Reviewed 625 ILCS 5/11-1401 through 11-1420; no helmet requirement found in those sections. Source: 625 ILCS 5/11-1404
Lane splitting	Illinois law says the driver of a two-wheeled vehicle may not pass on the right of a vehicle going the same direction unless there is an unobstructed lane of traffic available to make the pass safely. Read on ilga.gov on 2026-10-28. Source: 625 ILCS 5/11-703(c)
Fault rule (comparative negligence)	Modified comparative fault (51% bar). In negligence and strict product liability cases for bodily injury, death or property damage, a plaintiff whose fault is more than 50% of the cause recovers nothing. A plaintiff whose fault is 50% or less recovers damages reduced by his or her share of fault. No fault may be attributed to a plaintiff suing over childhood sexual abuse. Source: 735 ILCS 5/2-1116
Minimum car insurance	Vehicles must be covered by liability insurance of at least $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one crash, and $20,000 for property damage (25/50/20). Source: 625 ILCS 5/7-601, 5/7-203
Deadline to sue for an injury	A lawsuit for injury to the person (and for false imprisonment or malicious prosecution) must be filed within 2 years after the cause of action accrued. Claims for damages from first degree murder or a Class X felony, where the perpetrator is convicted, are excluded from this limit. Source: 735 ILCS 5/13-202

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