Motorcycle riding provides a sense of adventure and freedom, but comes with significant risks. Helmets provide riders with the necessary protection for their head and can also reduce the severity of injuries resulting from accidents. But laws on helmets vary widely from state to state and jurisdiction to jurisdiction. They can also majorly impact any claims for injuries following a crash.
Understanding motorcycle helmet laws and their impact on your legal case can be crucial for those involved in an accident. You can protect your rights by consulting an experienced lawyer for motorcycle accidents.
Overview Of Motorcycle Helmet Laws
Motorcycle helmet laws fall under three broad categories.
- Universal Helmet Laws: Mandatory helmet wear for all motorcycle riders regardless of experience or age.
- Partial Helmet Laws: Helmets are required only for specific groups, such as riders younger than a particular age (often under 18 or 21) or those with inadequate insurance.
- Helmet Laws: Some state laws do not require helmets to be worn by riders.
As of now, the majority of U.S. states enforce universal or partial helmet laws. Helmets have been proven to be effective in preventing fatalities and injuries.
Helmet Laws: Why They Matter
State helmet laws are primarily enforced to reduce deaths and serious injuries among motorcyclists. According to multiple studies, wearing a helmet can lower the risk of death or traumatic brain injury (TBI) by 70 percent and almost 40 percent.
By wearing a helmet, riders can dramatically improve their odds of surviving accidents and avoiding severe head injuries. In an accident, not wearing helmets, especially when required in certain states, can result in severe financial and legal consequences.
Helmets And Injury Claims
1. Comparative Negligence and Fault
In some states, comparative negligence is a legal concept that applies to personal injury cases. You could lose compensation if you are at fault for your injuries. In some situations, failing to wear a protective helmet when required by law may be considered carelessness.
If, for instance, you failed to wear a motorcycle helmet when the accident occurred and caused serious head injuries, an insurance company could argue that this contributed to your injuries. As a result, your settlement could be reduced due to this shared liability.
2. Effect on Damages
When a motorcycle accident is reported, the damages typically include medical bills, lost wages, and pain and suffering. Punitive damages may also be awarded. You may be penalized by your insurer if, despite helmet laws, you do not wear one.
Some policies have clauses that reduce coverage if the insured fails to follow safety laws. Your financial burden could be greater if you didn’t comply.
3. Helmet Law Exceptions
In states with partial laws on helmets, the rules may be complex. Riders who are exempted due to their age and insurance status from the requirement of wearing helmets may still be under scrutiny if they sustain a serious head injury.
Even in states with no helmet law, not wearing helmets can negatively impact your injury claim.
4. Exceptions & Legal Strategies
Even if a rider fails to wear his helmet, it may not be enough to prevent a recovery. If, for instance, the accident is caused by negligence on another’s part, you still have a right to damages. The amount can be reduced.
An experienced attorney for motorcycle accident cases knows how to make your case by highlighting other parties’ negligence and mitigating any negative impact caused by helmet non-compliance.
Conclusion
The purpose of motorcycle helmet rules is to prevent serious injury to motorcyclists and their passengers. However, they have legal ramifications that may impact your post-accident injury claims. Whether or not you wear a helmet, a motorcycle accident attorney can assist you in assessing your claim and comprehending your legal rights.
Remember that helmet laws aim not only to keep drivers safe but also to guarantee fair treatment by the law if there is an accident. Knowing the rules is important to protect you both legally and physically. Seek professional legal assistance if you are injured in a bike accident.
In addition to understanding helmet laws, it’s crucial to be aware of how these regulations can impact your injury claim. For those involved in motorcycle accidents, navigating the legal landscape can be complex. Consulting resources like https://themarinelawyer.com/motorcycle-accidents/ can provide valuable insights into the nuances of filing a claim. This includes understanding how helmet use, or lack thereof, might influence the outcome of your case. By staying informed and seeking expert advice, you can better protect your rights and ensure that you receive the compensation you deserve after an accident.
