Can I Still File a Personal Injury Claim in a Motorcycle Crash Case If I Wasn’t Wearing a Helmet?
Motorcycle accidents can result in serious injuries, and wearing a helmet is one of the most effective ways to reduce the risk of head trauma. But what happens if you’re injured in a crash and weren’t wearing a helmet? Can you still file a personal injury claim?
The short answer is yes, but there are important legal and practical considerations that could affect your compensation.
You Still Have the Right to File a Claim
Even if you weren’t wearing a helmet at the time of your motorcycle crash, you can still file a personal injury claim against the at-fault driver.
Motorcycle accident claims are typically based on negligence, and if the other driver was negligent (such as by speeding, running a red light, or driving distracted) you have the right to seek compensation for your injuries, regardless of whether you were wearing protective gear.
The Impact of Not Wearing a Helmet
While you can still pursue a claim, not wearing a helmet may affect the total amount of compensation you can recover. This depends largely on your state’s helmet laws. Some states require all motorcyclists to wear helmets, while others only require them for certain riders (such as those under a certain age or without a specific license). If you violated your state’s helmet law, that fact may be used to argue that you were partially responsible for your injuries.
Your overall compensation will also depend on comparative negligence laws. Most states follow some form of comparative negligence, which means that your damages may be reduced in proportion to your share of fault. For example, if you sustained a head injury and weren’t wearing a helmet, the insurance company might argue that your injury would have been less severe, or avoided entirely, if you had been wearing one. If a court then finds that you were 20% at fault for your injuries due to not wearing a helmet, your total compensation award would be reduced by 20%.
When Helmet Use May Not Matter
If your injuries are unrelated to your head, such as broken bones, road rash, or internal injuries, then not wearing a helmet may not be relevant to your claim.
In these cases, your failure to wear a helmet likely won’t impact the value of your case.
What You Can Do
If you’ve been involved in a motorcycle accident and weren’t wearing a helmet, it’s critical to:
- Seek medical attention immediately and document your injuries thoroughly,
- Avoid discussing fault or admitting you weren’t wearing a helmet with the other driver’s insurance company, and
- Speak to an experienced personal injury attorney who understands how local helmet laws and comparative fault rules could affect your case.
Bottom Line
Not wearing a helmet doesn’t automatically prevent you from filing a personal injury claim after a motorcycle accident. However, it could influence how much compensation you’re entitled to, especially if your injuries involve your head or brain.
Understanding your rights and how the law applies to your specific situation can make a big difference in the outcome of your case.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.
* Main image at top by freepik