An East Moline dad and his 7-year old son remain in a Peoria hospital after a motorcycle accident Thursday night.
Tim Hay, 51, and his son Nathan were airlifted to Peoria after the motorcycle skidded on wet pavement at a Silvis intersection.
Police say neither were wearing helmets.
Illinois and Iowa are one of only three states without any type of helmet law.
For kids in Illinois, the only motorcycle law on the books is all about size and not age.
"The only requirement for the child is that they can reach the foot pegs," said Illinois State Trooper Jason Wilson.
Penny West, with the area A.B.A.T.E, an organization which opposes any kind of helmet legislation, said wearing a helmet is a matter of personal choice; with both adults and children.
And says it's up to the adult to know what age is safe for a child to be a passenger.
"It's the parents' and grandparents' responsibility to know that child, who knows them better? Is your child big enough? This father did not set out to injure his child. It was an accident," said West.
A family member told News 8 that the little boy is doing better and is out of intensive care, while the father remains in critical condition and has undergone surgeries.