Did you know that about 14% of all traffic deaths are caused by motorbike accidents? Even though these numbers aren’t as high as the number of people hurt in car accidents, the effects of motorcycle crashes are just as harmful.
In many US states, everyone who drives or rides a motorbike must wear a helmet. This simple safety rule can make all the difference when making a claim for a personal injury.
Read on to learn more about how the law on motorcycle helmets affects personal injury cases and how it can affect how your claim turns out.
Motorcycle Helmet Law in the US
The Motorcycle Helmet law in the US requires a rider at minimum to wear a helmet that meets the safety standards set forth by the US Department of Transportation (DOT). These laws are designed to protect riders from catastrophic head and brain injuries in the event of an accident.
Without helmets, riders are much more likely to suffer serious brain trauma, and this can lead to costly medical bills and lost wages due to lost time at work from rehabilitation. Furthermore, a lack of a helmet can hurt an injured riders ability to receive compensation from another party deemed to be at fault for the accident.
The impact of the Motorcycle Helmet Law on personal injury claims varies depending on where the rider is located when the incident occurs.
States with Motorcycle Helmet Law for All Riders
Some states have stricter requirements than others when it comes to helmet laws. Here are the states with motorcycle helmet laws that apply to all riders:
- Alabama
- Georgia
- California
- District of Columbia
- Maryland
- Louisiana
- Nevada
- Massachusetts
- Mississippi
- Oregon
- New Jersey
- New York
- North Carolina
- Tennessee
- Vermont
- Virginia
- Washington
- West Virginia
States with Motorcycle Helmet Law for Riders of Certain Age
In some states, the motorcycle helmet law only applies to riders of certain ages. It can range from age 25 to below. These states include the following:
- Alaska
- Florida
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- Hawaii
- Idaho
- Arkansas
- Indiana
- Kansas
- Kentucky
- Maine
- Michigan
- Minnesota
- Missouri
- Montana
- Nebraska
- New Mexico
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Texas
- Utah
- Wisconsin
- Wyoming
States without Motorcycle Helmet Law
Meanwhile, a small number of states in the US do not have any particular motorcycle helmet law in place. They are:
- Illinois
- Iowa
- New Hampshire
Coverage Based on Motorcycle Type
Motorcycle helmet law affects personal injury claims coverage based on the type of motorcycle the rider is on. For a standard motorcycle, riders can make a more comprehensive claim due to the extra protection from the helmet. For a scooter, a claim can still be made, but the coverage will not be as extensive due to the lack of protection from a helmet.
The differences are usually based on engine displacement (cc), brake horsepower, and maximum speed.
For those riders looking to maximize their personal injury claim, it is best to ride a standard motorcycle while wearing a helmet doing so will give the rider the best chance of receiving maximum coverage for any injuries sustained.
Effects on Personal Injury Claims
Since different places have different helmet rules, this can affect personal injury claims differently. Here’s how:
Comparative Negligence
Where helmet rules are in place, a person who doesn’t wear one could be partly to blame for what happens to them. If someone gets hurt and isn’t wearing a helmet, the person who caused the accident may not have to take all the credit. This is because the
The percentage of faults the claimant is given can affect how much money they get. Not wearing a helmet could lead to a smaller payment or make it impossible for someone to file a personal injury claim.
Contributory Negligence
Most states have explicit or implied rules requiring motorcyclists to wear safety helmets and protect their heads. Not following these laws can lead to a finding of contributory negligence.
This means that a rider who gets into an accident without a helmet will probably be held partly or wholly responsible and unable to get money for their injuries.
It’s crucial to follow motorcycle helmet rules so that your personal injury claim doesn’t get thrown out if you get into an accident because you were partly to blame.
Impact on Damages
Even in places where wearing a helmet is not needed by law, not wearing one can still affect personal injury claims. Insurance companies and judges might think that a motorcyclist who wasn’t wearing a helmet was careless and didn’t care as much about their safety. This can affect how much compensation is given, which could lower the amount of losses received.
Causation and Injuries
Using a helmet can change what kind of injuries you get and how bad they are in a motorcycle crash. A helmet can protect the head and lower the chance of a traumatic brain injury.
If a rider gets into an accident without a helmet, the defense may say that the injuries could have been avoided or lessened if the rider had been wearing a helmet. This can change how the cause is found and how losses are calculated.
Seeking Legal Assistance To Secure Your Personal Injury Claim
Motorcycle helmet laws can significantly affect the outcome of personal injury claims. As motorcycle-related accidents can be complicated, seeking legal assistance from a motorcycle accident attorney is vital to secure your personal injury claim.
An experienced attorney will be able to help you understand how helmet laws may affect your claim and which exemptions may apply. With their help, you can further ensure the best outcome and total compensation for your claim.
Seeking legal assistance can help injured riders better prepare their case and receive the compensation they deserve for medical and other costs incurred during their recovery.
Be Informed About Motorcycle Helmet Laws
It is important that you understand the motorcycle helmet laws in your state. Not wearing a helmet can be extremely impactful if you become involved in an accident. It can also affect your personal injury claims, so be sure to be aware of the laws and know their scope.
A personal injury lawyer can guide you further with any questions or advice. Take the time to research today to make sure you and those around you are protected!
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