When it comes to driving a motorcycle, your safety needs increase compared to those of drivers of four-wheel vehicles or those with more than four wheels. The open air can be freeing, but the risks of getting severely injured are also greater. Among the diverse safety devices and precautions designed for motorcyclists, helmets have taken center stage.
However, there’s a debate about whether to wear a helmet or not in all situations. Mandating helmet use varies from state to state. That’s why knowing about Helmet Laws in the USA might help you navigate through traffic safety rules.
Check out this blog to get a quick understanding of how motorcycle helmet laws can affect your motorcycle accident claim.
What are the Motorcycle Helmet Laws?
Motorcycle Helmet Laws in the US are set at the state level and fall into three categories:
- Universal Laws: All riders are required to wear a helmet.
- Partial Laws: Applies to specific riders and those within a particular age group.
- No Laws: These have no helmet requirements.
As of now, U.S. states like Illinois, Iowa, and New Hampshire have no Federal Helmet Laws mandated. Riders both above 21 years of age and below need not wear a helmet while riding a motorcycle. Apart from these states, helmet laws are present in the other states.
Which states have mandatory motorcycle helmet laws?
State helmet laws, such as Florida Statute Section 316.211, require all motorcycle riders to wear a helmet, unless they are wearing other Federally Approved protective headgear or coverings. Federal Motorcycle Vehicle Safety Standard 218 mandates that all motorcycle riders under 21 years wear a helmet. However, individuals over 21 years of age are not mandated to wear a helmet. This legal clause is subject to ongoing legal debates aimed at increasing safety.
Other U.S states that mandate helmet use are as follows:
- Alabama
- California
- District of Columbia
- Georgia
- Louisiana
- Maryland
- Massachusetts
- Mississippi
- Nebraska
- Nevada
- New Jersey
- New York
- North Carolina
- Oregon
- Tennessee
- Vermont
- Virginia
- Washington
- West Virginia
Do helmet laws affect my motorcycle accident claim?
Yes, Helmet Laws can affect your injury compensation in motorcycle accident claims. In Florida, where helmet laws are mandatory for those above 21 years old, your compensation might be affected:
Comparative Negligence
States like Florida apply Comparative Negligence laws. If you are found to be negligent, then your compensation value can be reduced. If you didn’t wear a helmet and suffered a head injury, this could lead to a reduced payout.
Increased Fault for Injuries
Helmet laws can increase a rider’s fault in accident claims if they weren’t wearing a helmet where required. This non-compliance can lead to insurers assigning partial fault to the rider, reducing compensation due to the argument that the lack of a helmet contributed to the worsening of injuries.
Legal vs Insurer Arguments
Legally, the non-use of a helmet does not bar claims, but insurers argue that it indicates negligence. They may claim injuries were aggravated by the absence of a helmet, seeking to reduce liability. Courts distinguish injury causation, and expert testimony is required to link helmet use and injury severity.
Lower Compensation
Not wearing a helmet can result in lower compensation, as it affects comparative fault calculations. If a rider is partly at fault for not wearing a helmet, the damages awarded may be reduced by that percentage of fault. Especially in states with strict helmet laws and negligence rules, risks of lower compensation can arise.
Navigation through compensation settlement can be very complex. That’s when our motorcycle accident lawyers can help you.
Does wearing a helmet increase settlement value?
Wearing a helmet can positively influence settlement value in injury cases. It often demonstrates responsible behavior, which may strengthen your claim and reduce liability concerns. Insurance companies and courts may view helmet use as a factor that mitigates the severity of injuries, potentially leading to increased compensation. However, the overall settlement of helmet accident claims depends on various factors, including:
- The extent of the injury
- Fault of the driver and the injured party (in case of comparative negligence)
- Effectiveness of evidence
Helmet use alone doesn’t guarantee a higher payout, but it is generally beneficial in negotiations.
Can I still get compensation if I wasn’t wearing a helmet?
Yes, you can still get compensation even if you weren’t wearing a helmet. Not wearing one might reduce the settlement amount because it can be seen as contributory negligence, but it doesn’t eliminate your right to claim.
Compensation depends on the degree of fault, the severity of the injury, and other relevant evidence. The absence of a helmet might be factored into reducing damages, but it won’t completely bar you from receiving compensation for your injuries.
Final Thoughts
Settling a claim without a lawyer is a quick and easy solution. But it often results in long-term regret. You may accept less than you deserve and face unplanned costs later.
Let the legal professionals at Abercrombie, P.A. help you. Whether you need a trusted Motorcycle Accident Lawyer, we are here to protect your rights and maximize your recovery.
Don’t settle for less. Get a Free Consultation Today.
