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Wearing a Motorcycle Helmet Can Affect Your Injury Claim

The undisputed truth is that wearing a motorcycle helmet can save your life if you get into a motorcycle accident. Research shows that for every 100 motorcycle crash fatalities, 37 of those people could have lived had they been wearing helmets.

States vary in their helmet laws. Some require all riders to wear a helmet. Others require only riders under a certain age to wear one. Only three states have no helmet law whatsoever; Illinois is one of those states. In the event of a motorcycle wreck, you will be grateful to have been wearing a helmet.

Helmet Laws and Recovery for Head and Neck Injuries

According to Nolo, your state’s helmet law can be a deciding factor in whether you are able to recover damages for head and neck injuries sustained in a motorcycle crash. Taking into consideration the helmet law in your state and whether or not you were wearing a helmet, here are the chances of recovery of injury expenses in each scenario:

  • Wearing a helmet—No head or neck injury. Although the fact that you were wearing a helmet is not relevant to an injury claim, including this information in your claim may help your case by indicating that you are a responsible motorcyclist.
  • Not wearing a helmet—No head or neck injury. Again, the fact that you were not wearing a helmet is legally irrelevant, regardless of your state’s helmet law.
  • Wearing a helmet—Head or neck injury. Under these circumstances, your having worn a helmet helps your case. It shows that your injuries could have been much worse had you not been wearing a helmet and emphasizes the possible danger of the other driver’s behavior.
  • Not wearing a helmet—No state helmet law—Head or neck injury. You may find it hard to get compensation for your injuries if you chose not to wear a helmet, particularly if the helmet could have prevented or lessened the severity of your injuries. You could be found “comparatively negligent,” which means that you are partially responsible for your injuries. You will have to convince the insurance adjuster that you would have still suffered head or neck injuries if you had been wearing a helmet. If the adjuster believes that your injuries would not have been as severe if you had worn a helmet, you will receive reduced compensation.
  • Not wearing a helmet—State helmet law—Head or neck injury. You will find it very difficult to receive compensation for a head or neck injury if your state requires you to wear a helmet and you chose to ignore the law. You have automatically demonstrated your comparative negligence.

If you or a loved on are ever in a motorcycle accident, please contact Hupy and Abraham. Call us toll free at 800-800-5678 or locally at 414-223-4800. You can also request our FREE books, The Ultimate Guide for Motorcycle Accident Victims and Secrets Your Insurance Agent Won’t Tell You About Buying Motorcycle or Car Insurance.