How do helmet laws affect motorcycle accident claims?

How do helmet laws affect motorcycle accident claims?

While statistics clearly show that motorcycle helmets can save lives by reducing the extent and severity of head injuries sustained by motorcycle riders in accidents, it is true that not all riders are willing to wear helmets. Many states have enacted laws requiring motorcyclists to wear helmets. And when a crash occurs, a claim for injuries may be affected by whether or not the rider was in compliance with applicable helmet laws at the time of the crash.

Why do motorcyclists choose not to wear helmets?

Even when the statistics demonstrate that motorcycle helmets protect from injury and save lives, some motorcyclists have resisted the requirement to wear them. Common reasons include:

• the belief that safety statistics are overstated and misstated;

• the belief that helmets can be the cause of injury;

• the belief that mandatory helmet laws are unconstitutional;

• the belief that the best protection is take an approved motorcycle safety course, maintain the motorcycle, wear leathers and eyewear, and ride responsibly.

In a state with mandatory helmet laws, when a personal injury action is brought by an injured motorcyclist, the opposing motorist may raise an issue with regard to the motorcyclist's own negligence. A motorcyclist's legal recovery might be barred, or reduced, as a result of his/her contributory negligence in causing the injury.

Not all jurisdictions have laws requiring motorcyclists to wear helmets, and some courts have held that evidence of an injured motorcycle rider's failure to wear a helmet is inadmissible in a personal injury lawsuit. If you have been injured in a motorcycle collision and the issue of helmet use is a factor, it is extremely important to discuss the facts of your case with an experienced personal injury attorney who understands the relevant helmet and evidentiary laws that may apply.