If you have suffered injuries in a motorcycle accident, the law entitles you to financial compensation if someone else was negligent. However, even when someone else was to blame, you can expect insurance companies to investigate your actions in the crash. You might have done nothing wrong, but insurers will take every step to possibly limit their liability.
Not only will they scrutinize your driving when you try to file a claim, but they will also consider your safety measures. One of the most important safety measures motorcyclists take is wearing a safety helmet when they get on their bikes. Whether you were wearing a helmet might complicate your claim, but it should not deprive you of your rightful compensation.
Always seek help from a motorcycle accident lawyer who can address these complex issues in a motorcycle injury claim. When you have serious injuries, the last thing you need is for an insurance company to complicate the process over a helmet issue. Do not try to fight against insurers alone; always have a professional providing the legal representation you need.
Helmets Are Not Always Legally Necessary, But They Are the Safest Thing
Each state sets its own requirements for motorcycle helmets. For example, Missouri has recently changed its motorcycle helmet laws. In the past, the state had a universal helmet law that required all riders and passengers to wear a helmet on a bike. To further the rider’s ability to have the freedom to make their own choices, the Missouri Legislature scaled back the law in 2020.
Now, motorcycle helmet use is optional for riders over the age of 26 so long as they can provide proof of medical insurance and financial responsibility. The theory is that if riders do not leave others to foot the bill, they can do what they want with regard to helmets. In the wake of the new law, motorcycle accident fatalities have increased in the state, even more than the national average.
You Can Still Get Compensation if You Did Not Wear a Helmet
Regardless of what you should do to protect your own safety, a driver does not get away with their own negligence, even if you were not wearing a helmet. You should never assume that you are barred from a financial recovery, no matter what type of injury you suffered and what safety precautions you did or did not take. You should always contact an experienced motorcycle accident attorney after your accident to review your legal options and determine how best to seek financial compensation for your injuries.
Even though state law does not require you to wear a motorcycle helmet, insurance companies might allege that wearing a helmet is what a reasonable rider should do under the circumstances.
Each person on the road must act reasonably. If you do not do your part to further your own safety, it might end up harming your legal case. The insurance company is interested in what is rational and safe, as opposed to what the law allows you to do. Besides, if there is any way that the insurance company can save itself some money, you can be certain that they will avail themselves of it.
You need a lawyer who can demonstrate that your failure to wear a helmet should have no bearing on your financial recovery from the liable parties. If you were within the law, you should not be to blame for any of the injuries that a negligent party caused. You need an experienced motorcycle accident lawyer to handle your case.
You Can Hold the Driver Liable if You Did Not Wear a Helmet
Remember that not wearing a helmet does not change the liability for the motorcycle crash. The driver is still negligent if they fail to act reasonably under the circumstances. If the driver has acted carelessly or recklessly, they should still have to pay for the damages they caused.
In most states, the law allows a plaintiff to always recover something for their motorcycle accident injuries, so long as someone else bears part of the blame. This includes when someone is not wearing a helmet.
However, if you did not use all the available safety equipment, the insurance company may try to point the finger at you for some of your accident injuries, no matter what their policyholder did. Insurance companies already perceive motorcyclists as riskier than the average person, and they will not hesitate to use an additional risk that you took to their advantage.
The insurance company will know whether you were wearing a helmet at the time of the accident. The officer who shows up at the scene and writes the police report will likely state whether you were wearing a helmet. In addition, your injuries might reflect whether you wore a helmet. It will be one of the first questions they ask when they evaluate your claim, and they will try to use it to their advantage whenever possible.
The right motorcycle accident lawyer can prove that you deserve full compensation, regardless of your choice not to wear head protection. First, if the law does not require you to wear a helmet, you have done nothing wrong by making that choice.
Further, helmets cannot prevent all head and neck injuries. Many motorcyclists still suffer traumatic brain injuries and other injuries that a helmet works to prevent. Your lawyer can help to show that a helmet might not have prevented your injuries, even if you chose to wear one.
How Insurers Address Injuries Connected to Not Wearing a Helmet
If you did not wear a helmet, the insurance company might come up with its own calculation of how much of your injuries came from the failure to wear protection on your head. They will then try to reduce your recovery by that amount.
You can expect a searching analysis of your injuries. The insurance company will have its theory of how much of your head and neck injuries may have resulted from the failure to wear a helmet. Your attorney might need to consult with your own medical experts to come up with the proper calculation of the impact of not wearing a helmet.
Chances are that there might be some effect of not wearing a helmet on your settlement offer. However, the insurance company’s view of your injuries may be self-interested and just plain wrong.
The insurance company will always try to skew the calculation against you. However, the insurance company does not get to dictate how much you can receive in compensation. Your attorney will likely need to push back against their determination, either in settlement negotiations or by taking your case to court. The insurance company does not have the final say about your motorcycle accident compensation. They are merely trying to settle the case on behalf of their policyholder. You do not have to take a specific offer or accept the insurance company’s categorization of the facts.
The Style and Safety of Your Helmet Itself Also Matters
Not only will the insurance company ask whether you were wearing a helmet, but they will also pay close attention to what you were wearing. Certain motorcycle helmets are better and more effective than others. The Department of Transportation will certify motorcycle helmets that meet safety requirements.
Here are some general guidelines for motorcycle helmets:
- A thick inner liner of at least one-inch thick of firm polystyrene foam
- Sturdy chin straps with solid rivets
- The weight of the helmet is usually about three pounds
- Nothing extends further than two-tenths of an inch from the surface of a helmet
Helmets weighing one pound are considered unsafe, as are helmets with spikes or decorations fastened to them. Some riders will try to use decorative helmets for style purposes, but they are counterproductive in terms of safety. The proper helmet has been tested by the Department of Transportation for safety.
A Helmet That Does Not Meet Safety Standards May Not Count as a Helmet
There is a Federal Motor Vehicle Safety Standard that governs motorcycle helmets. Those that meet the standard will have a sticker on the outside of the helmet that says so. Some novelty helmets try to attach phony stickers to make it look as if they meet safety standards. You can count on scrutiny of your actual helmet if you suffered any sort of head injury. A sticker cannot cover up an unsafe helmet.
If your helmet does not meet safety standards, the insurance company may treat it as if you were not wearing a helmet in the first place. Vanity helmets may look good but do little to protect you from injury. If you wore one of these, it can reduce your settlement. You can expect the insurance company to analyze pictures of the crash scene and ask about your helmet when you file a claim.
Get Legal Help as Soon as Possible
You should contact an attorney shortly after your motorcycle accident. Because motorcycle accident injuries tend to be more serious, the amount of your settlement can be larger. There is a lot of money on the line – money that you and your family will need, both to pay for your medical care and other expenses related to your injuries. The insurance company knows that full well, and they make their own efforts to try to pay you less. They may even point a finger at you for the entire accident and try to avoid paying you altogether.
Your motorcycle accident attorney will get the right to work on your case as soon as you hire them. The first thing that they will do is investigate the crash and try to compile the evidence that you need to be in a position to receive financial compensation.
Your attorney will try to prove the driver negligent, meaning that they:
- Owed you the duty of care to act as a reasonable driver should under the circumstances.
- Failed to uphold their duty of care because they did something unreasonable (an example is tailgating too close to you and hitting your motorcycle from behind)
- You suffered an injury.
- You would not have suffered injuries if not for the driver’s actions.
Your Attorney Can Help Secure You the Maximum Possible Compensation
Motorcycle Accident Attorney, Phillip J. Barkett
If you can prove that someone else was to blame, you can then proceed to the determination of how much money you should get for your injuries. This is when the discussion of your helmet might come into play. Whatever your damages were, the insurance company might try to reduce them if you did not wear a helmet.
If you were not wearing a helmet, but your injuries were internal or to your extremities, the failure to wear a helmet should have nothing to do with your injuries, and you should receive full compensation. Not wearing a helmet should only become a question if you suffer head and neck injuries.
There may be a large gap in the settlement figures between you and the insurance company. You may not accept their offer because it is unrealistically low, and it overly punishes you for not wearing a helmet. You can always reject a low settlement offer and counter with your own demand. The insurance company may raise its settlement offer over time, where you end up in the same ballpark. If you cannot get on the same page with the insurance company, you can always take your case to court and let the jury decide the matter.
The key is that you get legal representation in your case. You are no match for a sophisticated insurance company without an attorney to look out for you. If you try to take matters into your own hands, you will end up paying the price, especially when there is a heavily scientific analysis of the connection between not wearing a helmet and your injuries.