How Motorcycle Helmet Laws Affect Personal Injury Cases

Motorcycle helmet laws are in place throughout the US requiring drivers to wear helmets while riding. These laws are designed to protect motorcycle riders from the significant damage that can occur when they are struck on the head during an accident. Brain injury or a traumatic hit to the head can result in permanent brain damage or even death, so it is imperative that motorcycle riders wear their helmets and comply with all safety regulations. When a rider does not wear his or her helmet, in addition to taking a risk with his life, he also takes the risk that his ability to recover compensation may be limited in the event of a car accident. 

What Happens if You Don't Wear a Helmet

If you don't wear a motorcycle helmet, you may face criminal charges and/or the possibility of receiving a traffic citation. The rules for exactly what will happen for riding without a helmet will vary from state to state. You may also be considered to be exhibiting negligent behavior. While the mere act of not wearing a helmet is not going to automatically mean you are considered the negligent or responsible party in any action, it can result in you either being able to recover nothing when you get injured in an accident that is caused by another driver, or in severely limiting the amount of recovery you are entitled to. 

Motorcycle Helmets and Car Accident Liability

In all but the 12 no fault states, when a driver is responsible for negligently causing a car accident, that driver must pay for any and all damages caused. This includes medical bills, lost wages, pain and suffering, and emotional distress damages to any driver injured by the accident. However, if that injured driver was a motorcycle rider with no helmet, then there is a very good chance the motorcycle rider will be considered to have breached the duty of care required of him and will also be considered negligent. 

In the five states that still use contributory negligence rules, you are probably going to be considered to have been negligent and contributed to your own injury. Since any negligence on the part of the injured victim under a contributory negligence system renders the victim unable to receive compensation, you are not going to be able to receive any money through a tort claim against the driver who caused the accident.

In the remaining states, comparative fault or comparative negligence rules are in place. This means you might still be able to collect some damages for motorcycle accident injuries, equal to the amount of fault that is assigned to the other driver. For example, if the other driver's negligence was determined to have been 75 percent responsible for the accident and your resulting injuries, you could get 75 percent of your damages from him or her. Comparative fault rules also differ by state, so it's important to be aware of just how much at fault you can be and still recover. Some states let you be 50 percent at fault, but others limit you to recovering only if your share of the responsibility is 49 percent or less. 

Getting Help

Because the laws on fault and liability do differ by state, it is always best to contact a lawyer if you find yourself facing damages arising from a motorcycle accident. Your lawyer can help you to determine if you are eligible for compensation and, if so, what your best course of action is for collecting the damages you deserve.