Is It Illegal to Wear Headphones While Riding a Bike in Illinois?

Distracted driving is a serious danger for motorists in this state, but riding a bike is not the same as operating a motor vehicle. Although bicyclists must follow the same rules of the road as drivers, many of the statutes in the Illinois vehicle code do not apply to cyclists. Many bikers face elevated risks when using these devices, but is it illegal to wear headphones while riding a bike in Illinois?

A study published by PubMed Central revealed concerning results about the nature of distracted biking. Four high-traffic intersections were observed to examine how many cyclists were distracted. Out of 1,974 bikers observed, 615 of them were distracted, with the most common source of distraction being headphones or earbuds (17.7%). 

At Chicago Bike Injury Lawyers, we understand the challenges that come with a lawsuit after a bike collision injury. Our team will evaluate your case and stand by your side in your fight for compensation if someone else is at fault for your injuries. Our attorneys can make all the difference in your pursuit of justice. 

Can You Ride a Bicycle With Headphones in Illinois?

The Illinois Vehicle Code prohibits all kinds of distractions for drivers in the state. Under state law 625 ILCS 5/12-610, motorists are not allowed to use headset receivers at any time while operating a vehicle. The primary reason for this law is that headphones can impair your ability to hear sounds around you, such as car horns and sirens. 

Although these devices are clearly mentioned in the vehicle code, there is no specific language about bicyclists being unable to use headphones while riding. Technically, there is no state law against headset receivers for cyclists (hearing aids are not included in this definition, as some people require them as aids to drive). However, some cities do regulate the use of headphones within their jurisdictions. Let’s look at a few examples:

• Chicago Municipal Code 9-52-110 – This statute prohibits the use of any communication device while riding a bicycle. In this case, “using” can include listening to an electronic message or sound from a device. Therefore, headphones would fall into the category of communication devices. 
• Evanston Municipal Code 10-9-4. (K) – If a device could impede a person’s awareness of auditory or visual signals while riding a bicycle, that device is prohibited in the city of Evanston, IL. This includes headphones since they can impair the rider’s ability to listen to signals and traffic sounds. 

According to these state laws, it is perfectly legal to wear headphones while operating a bicycle. However, there could be legal consequences if you are riding in a city or town with specific regulations against these devices. 

How Does Illinois Compare to Other State Laws?

Illinois aligns with a large percentage of states in addressing the legality of bicyclists wearing headphones. There are only two states that outright ban the use of headphones for bikers (Ohio and Louisiana). Several states have passed the responsibility onto local municipalities to determine if wearing headphones is legal while riding. 

Illinois is part of the largest group of states where wearing headphones is legal, but not recommended. In a few states, including New York and California, cyclists can wear headphones or earbuds if they only affect one ear, leaving the other unimpeded. There are also multiple states where wearing headphones while biking is legal throughout the state, such as Michigan, Georgia, and Virginia.

Based on this data, Illinois sits right in the middle in terms of the strictness of its laws. Though you can technically ride in the state with headphones on, it is not recommended since you will be less likely to hear external sounds that could keep you safe. Additionally, some local municipalities do ban these devices, so legality depends on where you are in Illinois. 

How Does Wearing Headphones Impact Illinois Bicycle Accident Victims’ Rights?

When a person gets injured due to someone else’s negligence in Illinois, they have a right to recover compensation for legal damages suffered due to the incident. What if the at-fault party injured the victim because they were wearing headphones while riding a bicycle?

This is a factor that would be considered when assigning fault for the injuries. For example, let’s say you are riding your bike on a path in Millennium Park in Chicago. You are approaching a bicyclist who is moving slower than you and you want to pass them, so you ring your bell and say, “On your left.” As you ride by, they suddenly take a left turn and hit you, causing you to fall and suffer some broken bones. 

If they were wearing headphones at the time of the accident, they probably couldn’t hear your bell or voice as you passed them. Even if they only had an earbud in one ear, it could be enough for them to miss the sound of an alert. As a result, they may be responsible for the damages you suffered because they were not exercising due caution while riding. 

You should also know that Illinois has a comparative negligence statute (735 ILCS 5/2-1116). This law allows for shared fault among multiple parties, so a biker wearing headphones doesn’t have to be 100% responsible for the accident to be held liable. Additionally, you must be no more than 50% responsible for the incident to recover compensation. 

How an Experienced Bicycle Accident Lawyer Can Help You Recover Compensation

Being involved in a dangerous bicycle accident can have serious consequences for the victim. As a result of your injuries, you can suffer the following bicycle accident damages.

Economic Damages

• Lost wages – For missed time at work that leads to lost income
• Medical expenses – For costs associated with your treatment, including emergency care, surgery, medication, rehabilitation, and therapy
• Future medical costs – For ongoing treatment expenses that will continue after the legal claim is resolved
• Property damage – For costs associated with damage to your possessions, such as a bicycle or motor vehicle

Non-Economic Damages

• Emotional distress – Psychological challenges that result from the crash, including Post-Traumatic Stress Disorder, anxiety, depression, and self-harm
• Pain and suffering – Physical injuries and surgery can cause pain and suffering after the accident
• Disability and disfigurement – If the accident causes permanent alteration to your physical abilities or appearance
• Loss of enjoyment of life – If your ability to enjoy life is diminished due to physical or emotional wounds, this can be included as a non-economic loss

Our Legal Services

At Chicago Bike Injury Lawyers, we believe in your case. There are legal consequences for negligence, and our attorneys can help you hold the at-fault party accountable for your suffering. Our law firm’s services include: 

• Investigating the bike accident to determine liability
• Assessing all legal damages to maximize your bike accident settlement
• Researching the use of headphones or earbuds, even if they were only placed in one ear
• Protecting your rights under federal, state, and local laws
• Gathering evidence, such as witness statements, photos of the scene, and surveillance footage
• Obtaining medical records to prove the extent of your injuries
• Negotiating with insurance companies for full compensation
• Litigating in civil court if a settlement cannot be reached

Book a Free Consultation

Navigating the claims process alone can be a challenging prospect, especially if you are facing a difficult physical or emotional recovery. Headphones can be a distraction for bicyclists, so if the other party was hearing impaired and contributed to your injuries, you can hold them accountable with a successful lawsuit.

At Chicago Bike Injury Lawyers, we provide a compassionate space for you to tell your story. Our attorneys work on a contingency fee basis with clients. This means you pay no legal fees unless we secure a favorable outcome, and payment is deducted from the final settlement value. 

We also offer a free consultation, where you can ask questions about your case and the legal process. There is no obligation to work with us after a free consultation, and we are happy to discuss your legal options honestly. 

Contact our law firm today at 312-646-3708 to schedule your confidential and free consultation with our top-rated attorneys.