Does Not Wearing a Motorcycle Helmet Hurt My Case?

Whether you’re cruising through mountain turns or simply commuting to work, riding a motorcycle can be really enjoyable. However, if you don’t take the proper safety precautions, you are more likely to get injured in the event of an accident. Motorcycle accidents almost always result in head injuries, which can be fatal. If you are wearing your helmet, your chances of suffering a traumatic brain injury decreases. A helmet will lessen the impact if you happen to hit your head during an accident.

Some states do not require motorcyclists to wear helmets

It isn’t against the law to not wear a helmet while riding a motorcycle in some states, but insurance adjusters may try to hold it against you if you are in an accident and not wearing a helmet. They will argue that your injuries are partial because you didn’t wear a helmet. Even if the accident is caused by another driver, insurance adjusters might try to make it more difficult for you to obtain compensation.

The good news is that some state courts are on the side of motorcyclists who don’t wear helmets. If you are trying to recover compensation for medical bills, lost wages, and other losses, you cannot be penalized for not wearing a helmet. Some state courts say that evidence showing a motorcyclist wasn’t wearing a helmet is inadmissible. In other words, the court won’t consider you negligent for not wearing a helmet. If it is proven that the other driver was at fault, you are entitled to compensation.

It’s still a wise idea to wear a helmet

While some states might not require you to wear a helmet while riding a motorcycle, that doesn’t mean you should get on that bike without any protection. It’s strongly recommended for motorcyclists to wear helmets, gloves, riding boots, and armor. Protective gear can play a big role in preventing serious injuries and even fatalities. According to a government study, helmets are 37 percent effective in preventing fatalities. The next time you think about not wearing a helmet because it’s uncomfortable or doesn’t look cool, remember that it can save your life.

Wearing a motorcycle helmet is the smart choice. If you have any further questions about this topic, feel free to set up a meeting to talk to a motorcycle accident lawyer today.


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