Each state has different laws concerning safety helmets for motorcyclists, a few states having no helmet requirements, others mandating that everyone who rides a motorcycle wear a helmet. Depending on the outcome of an accident and the laws in your state, you could lose out on some or all compensation, or you could strengthen your claim.
For instance, if you sustain a head injury in a motorcycle accident, then any safety helmet laws your state has will definitely come into play. If for example, you sustained injuries to your head and neck despite the fact that you were wearing a helmet, then this will only show how severe your accident was. The fact that you were wearing a helmet will also demonstrate your responsibility as a rider, potentially strengthening your case. In states where there are helmet laws, this can further protect your right to full compensation.
If you were not wearing a helmet at the time of the motorcycle accident, however, and you sustained head and neck injuries, then you could lose out on some or all compensation. If your state does not have a law that mandates you to wear a helmet, then you could still reduce the amount of compensation that you could receive. This is because of comparative negligence, which means that you share some of the blame for your injuries.
If your state's laws do require you to wear a helmet, then you may lose out on all compensation for your head and neck injuries, though you could still be eligible for compensation for other injuries. In the handful of contributory negligence states, however, this could potentially negate any compensation that you could be entitled to. Be sure to contact a personal injury lawyer, as getting your claim approved in such instances could be an uphill battle.
What about motorcycle accidents where you did not sustain head or neck injuries? Well then it may not matter all too much whether or not you had a safety helmet on. For example, if you broke a leg in a motorcycle accident where you were not wearing a helmet, it would not matter whether or not your state has a safety helmet law that affects you. You would probably be just as eligible for damages either way. And if you were wearing a helmet, then this is something helpful to mention, as it can help strengthen your case that you were driving responsibly, but it was someone else's negligence that caused the accident and your injuries. Again, state law would not enter much into this case.
Regardless of whether or not wearing a helmet could affect an injury claim, wearing a helmet certainly promotes a motorcyclist's safety. The National Highway Traffic Safety Administration has said about 37 lives could be saved for about every 100 motorcyclists who died in an accident—if only the motorcyclist had simply been wearing a helmet at the time. Such a staggering statistic does not even cover the known protections that a helmet provides against serious injuries. This is an enormous reason to wear a safety helmet whenever you are on a motorcycle, and this is a huge reason why so many states have these helmet laws to begin with. Only Illinois, Iowa, and New Hampshire lack helmet laws of any kind, for the present anyway.
If you have sustained injuries after a motorcycle accident, find out if you are entitled to compensation. You can search our directory today to find the legal counsel and representation you need and deserve from a personal injury attorney.