When it comes to motorcycle accidents, few topics stir up more debate than helmet use. While some riders argue that wearing a helmet should be a personal choice, the law often disagrees. In states like Maryland, helmet laws require all motorcycle riders and passengers to wear protective headgear that meets specific safety standards. However, beyond safety, helmet laws can also significantly impact the outcome of personal injury claims following an accident. As a rider, you need to know when and how to pursue compensation by:
Understanding Helmet Laws
Helmet laws vary from state to state. Some states have universal helmet laws, which require all motorcycle riders and passengers, regardless of age or experience, to wear helmets. Other states have partial laws, applying only to specific age groups or new riders. Then there are a few states with no helmet requirements at all.
Maryland is one of the strictest, requiring all motorcycle operators and passengers to wear helmets that meet standards set by the Department of Transportation (DOT). Approved helmets must carry a DOT label and provide adequate protection in the event of a crash. Riders are also encouraged or required, depending on the state, to wear eye protection unless their helmet has a visor.
How Helmet Laws Affect Accident Claims
One of the biggest concerns for injured riders is whether not wearing a helmet can affect their ability to collect compensation after a crash. The answer depends heavily on the state where the accident occurred and whether that state uses a comparative or contributory negligence standard.
- In Contributory Negligence States
Maryland, for example, follows the doctrine of pure contributory negligence, which is extremely strict. In most personal injury cases, if you are found even 1% at fault for the accident, you may be barred from recovering any damages. However, Maryland law states explicitly that failure to wear a helmet cannot be used as evidence of negligence in a personal injury claim. That means insurance companies and defense attorneys cannot argue that your lack of a helmet should reduce or eliminate your compensation.
- In Comparative Negligence States
In states that follow comparative negligence, damages can be reduced based on the injured party’s share of the fault. For instance, if you are found to be 20% responsible for your injuries because you were not wearing a helmet, your compensation could be reduced by that percentage. In these states, helmet laws can play a more direct role in limiting compensation, especially if the rider’s injuries were head-related and could have been mitigated by wearing a proper helmet.
Helmet Use and Injury Severity
Whether or not the law requires it, wearing a helmet can significantly affect the severity of injuries in a motorcycle crash. According to the National Highway Traffic Safety Administration (NHTSA), helmets reduce the risk of death by 37% for riders and 41% for passengers. They also reduce the risk of head injury by nearly 70%.
Insurance adjusters and legal teams know this, and they may try to use it to their advantage, especially in states without helmet law protections. While helmet use does not affect fault in most jurisdictions, it can impact the value of your injury claim if it can be shown that wearing a helmet might have prevented or reduced the injuries.
Protecting Your Rights After a Crash
If you are injured in a motorcycle accident, do not assume that helmet use or the lack of it automatically disqualifies you from compensation. Every state has different laws, and every case has unique facts. It is therefore crucial to consult with a personal injury attorney who understands your state’s motorcycle laws and how to counter the strategies insurance companies use.
Conclusion
Helmet laws are not just about safety; they can shape the entire legal landscape of a motorcycle accident claim. Whether you live in a state with strict helmet requirements or more relaxed regulations, knowing how these laws work is essential to protecting both your health and your legal rights.
