Motorcycle helmets are essential for rider safety, but their use—or lack thereof—can also influence a motorcycle accident case. While helmets significantly reduce the risk of serious head injuries and fatalities, many riders mistakenly believe that failing to wear one automatically prevents them from recovering damages after a crash. In reality, helmet use primarily affects the extent of the motorcyclist’s damages, not liability for the accident.
In most states, insurance companies determine liability depending on who caused the crash, such as a negligent driver failing to obey traffic laws. The fact that a motorcyclist was not wearing a helmet does not make them responsible for another party’s negligence. However, helmet use may come into play during damage calculations, particularly for head and facial injuries. Insurance companies and defense attorneys often argue that the severity of specific injuries was partially the rider’s fault, attempting to reduce compensation.
Understanding how helmet use affects a motorcycle accident case is crucial for riders and their legal representatives. An experienced Mississippi motorcycle accident attorney at Langston & Lott can challenge overstated claims about helmet noncompliance, present expert testimony, and ensure that riders receive fair compensation for all injuries caused by the at-fault party, not just those potentially influenced by helmet use.
Key Takeaways involving Motorcycle Accidents and Helmet Use
- Some states leave it up to individual riders to decide whether to wear motorcycle helmets, while others have universal helmet laws. Mississippi falls into the latter category.
- If you were not wearing a helmet at the time of the accident, it is still possible to receive some compensation for your injuries.
- Insurance companies may reduce the amount of your compensation if they demonstrate that some of your injuries resulted from the failure to wear a helmet.
- The insurance company may try to act in its own interest by overstating the effect of your failure to wear a helmet on your physical injuries.
- You should speak to an experienced motorcycle accident attorney when you need someone to stand up for your legal rights after a crash.
Does the Law Require Motorcycle Helmet Usage?
Motorcycle helmet laws vary widely across the United States, and contrary to popular belief, not every state requires riders to wear helmets. While helmets can significantly reduce the risk of head injuries and fatalities in accidents, whether a rider must legally wear them depends on state law. Currently, only a handful of states, such as California and New York, have universal helmet laws, requiring all riders and passengers, regardless of age or experience, to wear helmets. In contrast, many states impose partial helmet laws that apply only to specific groups, typically riders under 18 or 21, or those without particular insurance coverage.
Mississippi has a universal motorcycle helmet law, meaning all motorcycle operators and passengers must wear helmets while riding on public roads. The law, found in Mississippi Code § 63-7-64, specifies that helmets must meet the safety standards set by the U.S. Department of Transportation (DOT) under Federal Safety Standard No. 218. This measure ensures that helmets provide adequate protection in the event of a crash.
There are limited exceptions. For example, riders 18 years or older may be exempt when traveling in a parade or operating a motorcycle or motor scooter at speeds under 30 miles per hour. Autocycles are also exempt from this requirement. Aside from these narrow exceptions, riders and passengers must wear DOT-compliant helmets to comply with Mississippi law.
It is Possible to Recover Damages if You Were Not Wearing a Helmet
A common misconception in motorcycle accident lawsuits is that riders cannot recover damages if they were not wearing a helmet. While wearing a helmet is a vital safety measure that can reduce the severity of head injuries, the idea that failing to wear one altogether bars recovery is a myth. The truth is more nuanced and depends on the laws of the state where the accident occurred and the case’s specific circumstances. Chances are that you may receive some compensation for your motorcycle accident injuries, although it may be less than what it otherwise would have been had you been wearing a helmet at the time of the accident.
It is also important to note that in many states, insurance companies and attorneys cannot use the lack of a helmet against a motorcyclist when they sustain injuries unrelated to head trauma, such as broken bones or spinal injuries. In these cases, helmet use has no bearing on liability or damages. However, you can expect the insurance company to try to argue that most of your physical injuries resulted from the lack of a helmet, no matter what.
Ultimately, not wearing a helmet does not eliminate your right to file a motorcycle accident lawsuit. Courts recognize that negligent drivers still have a duty to share the road safely. An experienced motorcycle accident lawyer can help challenge attempts by insurers or defense attorneys to unfairly shift blame and ensure injured riders pursue the full compensation they deserve.
Liability Still Depends on Negligence in the Motorcycle Accident
The actions that led to the crash form the basis of the liability determination for the motorcycle accident. To be in a position to receive financial compensation for the accident, you must prove that the driver in the accident, or another party, was negligent.
Regarding civil liability in a motorcycle accident lawsuit, the helmet issue is more complicated. Generally, liability for the crash itself depends on who caused the accident, such as a negligent driver who ran a red light. The fact that the motorcyclist was not wearing a helmet does not make them at fault for the collision.
The Helmet Issue Comes Into Play in Determining Damages
In motorcycle accident cases, whether the rider was wearing a helmet often comes into play, not when determining who caused the accident, but when calculating damages. Liability for the collision depends on negligence, such as a distracted driver running a red light or failing to yield, and a rider’s helmet use does not change who caused the crash. However, it can influence the extent of recoverable compensation if the injuries are directly related to head protection.
Under legal principles, the court may reduce damages if it finds that failing to wear a helmet contributed to the severity of the rider’s injuries. For example, if a motorcyclist sustains a traumatic brain injury and medical experts testify that a helmet may have lessened the harm, the court may reduce compensation proportionally. On the other hand, if the rider’s injuries are unrelated to helmet use, such as broken legs, spinal cord damage, or internal injuries, the absence of a helmet is generally irrelevant.
Helmet use becomes particularly important in states with universal helmet laws, since defense attorneys often raise the issue to limit damages. Still, a skilled motorcycle accident lawyer can challenge these arguments, emphasizing that negligent drivers remain fully responsible for causing the crash. Ultimately, while helmet use may impact the amount of damages the insurance company or courts award, it does not erase the legal duty of other drivers to drive safely and avoid causing harm to motorcyclists.
Insurance Companies Often Overstate the Effect of Not Wearing a Helmet
Insurance companies frequently attempt to minimize payouts in motorcycle accident claims by overstating the impact of a rider not wearing a helmet. While helmet use is undeniably essential for safety, insurers sometimes argue that the severity of the rider’s injuries is entirely the rider’s fault because they failed to wear protective gear. This tactic can reduce the amount of compensation or shift blame away from the at-fault party.
In reality, helmet use affects only certain types of injuries, primarily head and facial trauma. Helmet use does not influence injuries to the spine, arms, legs, or internal organs. Insurance adjusters often exaggerate the role of helmet noncompliance, suggesting that a helmet would have completely prevented head injuries, which may not reflect the actual circumstances of the accident.
Additionally, sometimes, the law allows damage reduction if helmet use contributed to the injury, but it does not affect the determination of fault. Even if a motorcyclist was not wearing a helmet, the negligent driver who caused the crash is still responsible for the accident and the resulting injuries. That’s where a skilled motorcycle accident attorney comes in.
A knowledgeable motorcycle accident attorney can challenge insurance companies’ attempts to overstate helmet impact. By presenting expert testimony, accident reconstruction, and medical evidence, a lawyer can ensure that the rider receives fair compensation for injuries the other driver caused, regardless of helmet use. Legal advocacy is essential to counter biased arguments and protect riders’ rights.
How Your Motorcycle Accident Lawyer Can Prove That the Lack of a Helmet Did Not Cause Your Injuries
When insurance companies try to argue that your injuries were a result of your failure to wear protective gear, you need solid legal representation. A skilled motorcycle accident attorney can build a strong case to prove that the lack of a helmet did not cause your injuries.
One of the key roles of your attorney in this scenario is to gather evidence and present a strong case on your behalf. They will closely examine the details of the accident and work to establish the actual cause of your injuries. By analyzing factors such as the impact of the collision, the speed at which it occurred, and any other involved vehicles, your lawyer can build a compelling argument to demonstrate that the lack of a helmet was not a contributing factor to your injuries.
Furthermore, your attorney can also collaborate with accident reconstruction specialists and medical experts to provide objective opinions and evidence to support your case. These professionals can help establish the extent of your injuries and demonstrate that they were a direct result of the accident itself, rather than the lack of a helmet. By leveraging their knowledge, your lawyer can strengthen your claim and increase your chances of receiving fair compensation for your damages.
Moreover, your motorcycle accident lawyer will leverage their experience to handle complex legal proceedings and advocate for your rights. They will skillfully negotiate with insurance companies and fight for fair compensation on your behalf. With their guidance and representation, you can focus on your recovery while trusting that your attorney is working diligently to secure the compensation you deserve. Legal advocacy is essential to counter biased arguments and protect riders’ rights.
What Happens if You and the Insurance Company Cannot Agree on Motorcycle Accident Damages?
If you and the insurance company cannot agree on the amount of compensation for your motorcycle accident, the dispute may escalate beyond negotiations. Initially, insurance adjusters often try to settle claims for less than the full value, sometimes citing helmet noncompliance or partial fault to reduce the payout. When you cannot reach an agreement with the insurance company, your next step is typically to file a lawsuit against the at-fault driver.
Once a claim is in court, a judge or jury determines liability and damages from the evidence, including medical records, accident reports, witness statements, and expert testimony. In some cases, parties may pursue mediation or arbitration as alternative dispute resolution methods, which can help reach a fair settlement without going to trial.
Working with an experienced Mississippi personal injury lawyer is invaluable in this process. They can present compelling evidence, challenge the insurance company’s arguments, and advocate for the full compensation you deserve for medical bills, lost earnings, pain, suffering, and property damage. Contact a motorcycle accident lawyer at Langston & Lott at (662)728-9733.
Frequently Asked Questions
What type of motorcycle helmet should I wear?
Regardless of type, choose a helmet that meets DOT (Department of Transportation) standards, fits snugly, and is comfortable. Some riders also look for Snell or ECE certification for added safety assurance.
What if I did not wear the correct type of helmet?
If you were not wearing a DOT-compliant helmet, the insurance company may treat it as if you were not wearing a helmet at all.
What is the role of an expert witness in a case involving issues about helmet usage?
A medical expert can review injury reports and testify about which injuries were caused by the accident versus those resulting from a lack of helmet use.
