How Can a Motorcycle Helmet Affect Your Motorcycle Accident Case?

How Can a Motorcycle Helmet Affect Your Motorcycle Accident Case?

Riding a motorcycle comes with freedom and thrill, but it also comes with risks. Motorcycle helmets play a massive role in keeping riders safe and reducing the chances of severe injuries during accidents. 

Many riders may not realize that wearing or not wearing a helmet can also affect the outcome of their motorcycle accident case. 

Do you know all the ways a helmet affects your motorcycle accident case?

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Types of Helmets

Several kinds of helmets are available, each offering different levels of protection. Full-face helmets provide the most coverage, protecting your entire head and face. Open-face helmets shield the top and sides of your head but expose your face, while half helmets cover only the top. 

Full-face models offer the best protection during an accident, reducing the impact force on the skull and preventing facial injuries.

Helmets that meet safety standards, such as those certified by the Department of Transportation (DOT), provide consistent and tested levels of protection. Riders who use DOT-approved helmets are better equipped to avoid severe injuries in accidents.

How Helmet Design and Condition Could Influence Your Case

The helmet you wore during the accident can play a significant role in your motorcycle accident case. Its design, age, and condition may affect how blame and compensation are evaluated. Insurance companies and legal teams carefully review these details when building or contesting a claim.

The importance of helmet condition

Over time, helmets wear out just like any other piece of gear. If your helmet was old or poorly maintained, it might not have performed as intended during the crash. For instance, a helmet with a cracked shell or aged padding might fail to cushion the force of the impact. 

These flaws could be scrutinized when determining how much the helmet contributed to your injuries.

Age and effectiveness

Helmets lose their effectiveness over time, even when they still appear intact. Many manufacturers recommend replacing them every five years. Materials like foam lining can degrade, reducing the helmet's ability to absorb impact. 

If your helmet was beyond its recommended lifespan, it might weaken arguments about how well it protected you. 

This does not mean you can no longer claim compensation, but it makes the details surrounding your helmet an important discussion point in your case.

How these factors affect liability and compensation

Details about your helmet affect the financial outcome of your case. Insurance companies might argue that a poorly chosen or maintained helmet contributed to your injuries. 

Wearing any helmet, regardless of its condition, is better than none. If another party caused the crash, they remain responsible for your injuries, even when helmet usage is questioned. 

The quality and state of your helmet might reduce the amount of blame assigned to them, but it does not erase their liability.

Legal Implications of Helmet Use or Non-Use

Wearing a helmet doesn't just impact your health; it can also influence legal outcomes in your motorcycle accident case. States differ on helmet laws, and whether you were wearing a helmet at the time of the crash can affect your ability to recover compensation for injuries.

Helmet Laws Vary by State

Different states enforce different helmet laws. Some have universal helmet laws that require all motorcyclists to wear helmets, while others have partial laws that apply only to specific groups, such as riders under a certain age or those with less riding experience. 

Pennsylvania, for instance, requires helmets for riders under the age of 21 and those with less than two years of licensed riding experience unless they’ve completed an approved safety course.

Even if you’re riding in a state that does not require helmets, choosing to ride without one can still impact your case. Insurance companies, jurors, and judges all consider the role of helmet use when determining fault and damages.

Comparative Negligence

Comparative negligence is one of the most significant legal principles in motorcycle accident cases. This determines how fault is divided between the parties involved in an accident. 

If you suffer injuries in a crash in a comparative negligence state, but are not wearing a helmet, the argument may be made that you share some responsibility for the severity of your injuries. Only a knowledgeable lawyer can explain these complicated legalities and if they apply to your case.

Impact on Damages

Motorcycle accident damages typically cover a range of losses, including medical expenses, lost income, pain and suffering, and long-term effects like disability or reduced earning capacity. 

Without a helmet, the extent of your injuries may be greater, affecting the types and amounts of damages awarded.

If you suffer a severe head injury while not wearing a helmet, the responsible party’s lawyers may argue that they should not be fully liable for your injuries. This can lead to reduced compensation or prolonged legal battles.

How Helmet Use Can Strengthen Your Case

Wearing a helmet protects more than your head during a motorcycle accident; it can also enhance the strength of your legal claim. Demonstrating that you wore protective gear shows that you took reasonable precautions for your own safety. This can prevent the opposing party from shifting any blame onto you for your injuries.

Making a Strong Claim

A motorcycle accident case typically involves proving that another party was negligent and that their negligence caused your injuries. Wearing a helmet helps demonstrate that your injuries resulted directly from the crash and not from a preventable failure on your part.

For instance, if you wore a helmet and still suffered a concussion, it would be more challenging for the other side to argue that you share blame for your injuries. Conversely, without a helmet, the other party may suggest that you could have avoided or reduced your injuries by taking basic safety measures.

Insurance Adjusters and Helmet Use

Insurance companies often try to minimize payouts in motorcycle accident claims. If you didn’t wear a helmet during the crash, they might use that fact to reduce your settlement. Their argument may center on the idea that you contributed to the extent of your injuries, even if their client caused the accident.

Wearing a helmet makes it harder for the insurer to use this tactic. Having proper protective gear helps shift the focus back to the actual cause of the accident and the negligence of the at-fault party.

Common Injuries Related to Helmet and Non-Helmet Use

Motorcyclists with helmets generally experience less severe injuries, while those without face heightened risks of serious harm. Knowledge of these injury patterns can provide insight into how helmet use affects both safety and legal cases.

Injuries riders with helmets often avoid

• Traumatic Brain Injuries (TBIs): Helmets reduce the impact to the brain and skull, helping riders avoid concussions, brain bleeding, and long-term cognitive impairments.
• Facial injuries: Riders wearing full-face helmets are less likely to experience facial fractures or significant scarring.
• Skull fractures: Helmets can absorb much of the force in a crash, sparing the skull from life-threatening cracks.

Such injuries often require extensive medical attention, lead to prolonged recovery times, and carry enormous financial and emotional costs. In these cases, plaintiffs may face higher scrutiny regarding why they didn’t wear a helmet in the first place.

Steps to Take in the Days and Weeks After a Motorcycle Accident

After being involved in a motorcycle accident, the days and weeks ahead are critical for protecting your rights and building a strong case. Knowing what to prioritize can help you recover compensation and ensure your voice is heard. 

Here’s what to do:

Continue medical treatment

Follow your doctor’s instructions and attend all follow-up appointments. This helps your recovery and establishes a detailed record of your injuries. Save all medical documents, including bills and treatment plans, as they are key pieces of evidence.

Organize photographic evidence

Review photos you may have taken of the accident scene. If you couldn’t document the crash immediately, now may be a good time to return to the location to capture anything relevant, like road damage, skid marks, or lingering hazards. Keep your photos organized and easily accessible.

Maintain a journal

Track daily changes in your physical and emotional health. Write down pain levels, symptoms, and limitations in your routine. This journal can help you explain how your injuries have impacted your life.

Secure the police report

Request a copy of the official police report filed after your accident. Review it for accuracy; this document will play a significant role in your case. Correct any potential errors as soon as possible.

Notify your insurance provider

Inform your insurance company about the accident and file your claim. Stick to the facts when describing the incident and avoid making unnecessary statements that could be interpreted against you.

Keep all receipts and documents

Collect every piece of documentation related to expenses tied to the accident. These can include repair bills, transportation costs for doctor visits, or receipts for medical supplies. Providing proof of these costs helps support your claim for damages.

Avoid quick settlements

Insurance companies may approach you with a settlement offer soon after the accident. These initial offers are often lower than what you may deserve. Speak with legal counsel before agreeing to any terms to ensure their offer covers the full scope of your damages.

Minimize public discussions

Limit what you share about the accident on social media or to others. Publicly discussing details of your case could harm your chances of receiving fair compensation, as insurance companies may use these statements against you.

Maintain contact with your lawyer

Stay in communication with your attorney. Keep them updated on changes in your health, new expenses, or additional information you discover about the accident. This collaboration helps strengthen your case and ensures it remains on track.

Focusing on these steps in the weeks after your motorcycle accident can make a critical difference in your recovery and your case. Taking these actions one step at a time ensures you stay organized and prepared as you seek justice for your injuries.

Let The Levin Firm Protect Your Rights After an Accident

Motorcycle accidents can have life-changing consequences, both physically and financially. Helmet use doesn't just protect your safety; it can also enhance your ability to recover compensation and hold negligent parties accountable. 

Understanding how your helmet use may influence your case can help you make informed decisions about pursuing justice after an accident.

At The Levin Firm Personal Injury Lawyers, we represent motorcyclists with care, intensity, and a commitment to achieving their desired results. Whether or not you wore a helmet during your accident, we’ll fight to tell your story and maximize your recovery. 

Contact us today to discuss your case and explore your options for moving forward.

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