What If You Weren’t Wearing A Helmet In A Motorcycle Accident?

If you are riding a motorcycle, helmets are always a good idea. In fact, they can avoid catastrophic injury. But despite their benefits, many people don’t use them, and the law, for many, doesn’t require them. So if you’re in an accident and you weren’t wearing your helmet–can you still recover damages?

The Helmet Laws

In Rhode Island, you only need to wear a helmet on a motorcycle, if you are under the age of 21, or if you are over 21, but in the first year after you obtain your license, no matter what your age.

So what happens if you are on a motorcycle and injured, and you weren’t wearing your helmet?

Lowered Settlements

A Defendant who is sued for injuring you while you were on a motorcycle, will immediately look to see if you were using a helmet. That fact will often be immediately disclosed on a police report, or on your medical records, so there is rarely any ability to hide the fact that you weren’t wearing one.

Not wearing a helmet isn’t a legal bar to recovering damages–but it can allow a jury to apportion some fault for the accident, or for your injuries on you, and your lack of using a helmet. The insurance company reviewing your claim knows this, and will adjust their settlement offers to you accordingly.

Does it Matter?

How much settlement offers will be reduced will depend on your injuries–arguably, wearing a helmet or not wearing one wouldn’t affect your shoulder injury, or if you were then hit by another oncoming vehicle when you were thrown off of your cycle, or if you suffered internal bleeding in your abdomen.

But if you had head injuries, or even neck injuries or anything related to the head or brain, you can bet that the lack of a helmet will lower the insurance company’s settlement offer to you.

Comparative Negligence Reductions

A jury can say that because you were not wearing your helmet, you bear some responsibility for your injuries. The percentage that you are liable will be reduced from the total amount awarded to you by the jury.

So, using simple numbers, if your injuries are worth $100,000, but a jury finds you 50% responsible because you weren’t wearing a helmet, you would only obtain $50,000.

The Defendant has to prove that the lack of your wearing a helmet, did, in fact, make your injuries worse or cause them entirely. This often takes medical testimony, but juries can use their common sense as well, and their own feelings–and many will hold riders responsible for injuries, if they are not wearing their helmet while on a motorcycle.

The Right Helmet

Even if you were wearing a helmet, a Defendant will look at the kind of helmet. It should be one that is approved by the Department of Transportation–most major motorcycle helmets are, and will indicate that on their packaging when you purchase them.

Contact our Rhode Island accident lawyers at Robert E. Craven & Associates at 401-453-2700 for help if you were injured in a motorcycle accident.

Source:

dot.ri.gov/safety/motorcycle_safety.php