Just as there are laws requiring motor vehicle drivers and passengers to wear seat belts, most states have laws requiring motorcyclists to wear helmets. Opponents of these laws usually base their criticism on principles of freedom of choice, while proponents of helmet laws typically cite statistics showing lower rates of serious injury/fatality in vehicle accidents when helmets are worn (like these Motorcycle Fatality Stats from the Insurance Institute for Highway Safety).
Regardless of which side of the debate you're on, you should be aware that your decision to ride without a helmet could impact your ability to successfully pursue an insurance claim or lawsuit against the person who caused your motorcycle accident. The impact on your case will depend in part on what your state's laws say about helmet use by motorcyclists and their passengers, and the admissibility of a helmet law violation in civil court. Let's look at the details.
If you ride without a helmet in a state that has a mandatory helmet law, your violation of the law may amount to negligence on your part, and that may limit or totally bar any recovery against other negligent drivers.
In some states, the injured party's contributory negligence acts as a defense to financial responsibility in a personal injury lawsuit, if the defendant (the person being sued) can show that the motorcycle rider was also negligent. The handful of states that still adhere to this harsh rule are Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.
The vast majority of states follow the less-harsh comparative negligence rule, in which the claimant's own negligence reduces his or her right to recover damages by a percentage equal to the claimant's share of fault. So, a determination that the claimant's fault amounts to 30% will reduce the claimant's recovery by 30%). But in a number of those states, if the claimant is deemed 50 percent or more at fault, recovery is totally barred. When you ride in any of these states, you can avoid limitations or bars to recovery associated with the violation of a mandatory helmet law simply by wearing a helmet. In addition, the judge or jury deciding your case might view you in a more favorable light if you are seen as a law-abiding citizen, which can only boost your chances of a favorable outcome to your personal injury case.
Regardless of which shared fault system your state follows, perhaps the most important state law has to do with the admissibility of the helmet law violation in a civil case. The law in this area isn't as clear as you might think when it comes to whether or not failure to wear a motorcycle helmet actually amounts to contributory or comparative negligence in the context of a personal injury lawsuit over a motorcycle accident. Talk to your personal injury lawyer for the details of the law in your state.
If your state's laws didn't require you to wear a helmet under the circumstances of your crash, the impact on a motorcycle accident claim becomes murkier.
As a general rule, the opposing party would have to argue and prove a causal relationship between your failure to wear a helmet and the injuries you sustained. For example, if you sustained a closed head injury and the opposing party introduces expert testimony that your injuries would have been lessened or prevented by wearing a helmet, this testimony will likely have a significant impact on the outcome of your case.
In contrast, if your only injury is a broken leg, it would be difficult for the opposing party to establish that wearing a helmet would have had any impact on your accident.
In addition to the considerations discussed above, you may also experience difficulties with your own insurance company if you were not wearing a helmet at the time of your accident. Some insurers will boost your premium if it's documented that you've failed to wear a helmet, especially in connection with an accident. Learn more about how insurance affects a vehicle accident case.
Mandatory helmet laws and insurance practices affecting helmet use are the source of strong opinions. If you ride, consider how your decision not to wear a helmet could impact your ability to pursue a claim for damages after an accident. And if you've been involved in a motorcycle accident where you weren't wearing a helmet, regardless of what the law says in your state, you might want to discuss your situation with an experienced motorcycle accident attorney.
