Getting into a motorcycle accident is stressful enough, but if you weren’t wearing a helmet at the time, you may be wondering how that choice could affect your ability to file a claim or recover damages. The answer depends on a few key factors, including your state’s laws, the type of injuries you suffered, and whether helmet use is relevant to the cause of the crash. While not wearing a helmet doesn’t automatically prevent you from suing, it can complicate your case as a motorcycle accident lawyer can explain further.
Factors That Affect Your Case
First, it’s important to know whether helmet use is legally required in the state where your accident occurred. Some states have universal helmet laws that require all riders, regardless of age or experience, to wear a helmet. Others have partial laws that only apply to riders under a certain age or those without specific insurance coverage. A few states don’t have helmet laws at all as our friends at Hayhurst Law PLLC can share. If you violated a helmet law during your crash, that fact may be used against you, especially if you suffered a head or neck injury that a helmet could have helped prevent.
However, even in states where helmets are required, not wearing one doesn’t automatically make you ineligible to sue. The bigger issue is whether your failure to wear a helmet directly contributed to the injuries you’re trying to recover compensation for. For example, if you broke your leg or suffered road rash in the crash, those injuries would have occurred with or without a helmet. In that case, the other party could still be held fully liable if they caused the accident.
On the other hand, if you suffered a traumatic brain injury or head trauma, the insurance company or defense attorney may argue that your own negligence, by not wearing a helmet, contributed to the severity of your injuries. This is where state laws around comparative or contributory negligence come into play. In states that follow comparative negligence rules, your compensation could be reduced in proportion to your share of the fault. So, if a court finds that not wearing a helmet made your head injury 30 percent worse, your award could be reduced by 30 percent.
In contributory negligence states, the rules can be even stricter. If you’re found even slightly at fault for your injuries, you may be barred from recovering any damages at all. That’s why it’s so important to have legal representation if you’re injured in a crash where helmet use might be a factor. A skilled attorney can help demonstrate how the accident happened, what injuries were directly caused by the crash itself, and which ones had nothing to do with helmet use.
The bottom line is this: You can still pursue a claim after a motorcycle accident if you weren’t wearing a helmet, but the details of your case will matter more. The laws in your state, the nature of your injuries, and the cause of the crash all play a role in what kind of recovery is possible. If you find yourself in this situation, don’t assume you’re out of options, talk to someone who can help you understand your rights and build a strong case.