When you ride a motorcycle, you open yourself up to more risks than driving a car. No seat belts or protective metal frames exist, so even a small collision can result in big injuries. A motorcycle helmet is one of the most important safety items you can wear. Not only can it protect your head from serious harm, but it can also play a big role in how your accident case unfolds.
Remember that every accident is unique. Factors like speed, road conditions, and other drivers' actions can all play a role. This guide serves as a helpful starting point for that reason.
If you have specific questions, contact a professional who knows your state’s laws and can give advice based on your exact situation. A seasoned Federal Way motorcycle accident lawyer can handle the complicated details so you do not feel lost in the legal process.
Why Is a Motorcycle Helmet So Important for Your Safety?
The head and brain are some of the most fragile parts of the body. Even low-speed crashes can cause a hard impact, which might lead to a concussion, brain swelling, or worse. When you wear a helmet, you give yourself a buffer between your head and whatever it hits. The helmet’s hard outer shell can help spread out the force of the impact, while the inner foam lining can cushion your head.
Reducing Medical Costs
If you suffer a serious head injury, you can face huge medical bills for surgeries, rehabilitation, and long-term care. Helmets can prevent or decrease the extent of brain injuries. This is not just about your physical health. Preventing severe injuries can also reduce the financial burden on you and your family.
Peace of Mind
Above all else, a helmet can give you confidence while riding. You know you are reducing the risk of a traumatic brain injury if a crash happens. While helmets cannot prevent every possible injury, they can make a real difference in how you feel on the road. If an accident happens, you can focus on healing rather than worrying about taking the right safety steps.
Are There Laws About Helmets That Can Affect Your Case?
Different states have different rules about who must wear a helmet. In some places, everyone on a motorcycle must wear one. In others, only riders under a certain age or license type must wear a helmet. If your state has a law that requires you to wear a helmet, failing to do so might affect your accident case.
For example, if the law says everyone must wear a helmet, insurance companies might claim you broke the law by not wearing one. That can influence the strength of your case. On the other hand, if you wore a helmet and followed the law, you can show that you obeyed important safety rules.
- Specific Helmet Standards
- How Might Wearing a Helmet Strengthen Your Position with Insurance Companies?
- Avoids Arguments About Preventable Injuries
- Strengthens Medical Evidence
Specific Helmet Standards
Some states do not just say “wear a helmet”—they say the helmet must meet certain standards, often set by the Department of Transportation (DOT). Helmets that meet DOT rules usually have a sticker or label showing that they passed impact and strap strength tests. If your helmet does not meet these standards, an insurance company might try to argue it was not truly protective.
How Might Wearing a Helmet Strengthen Your Position with Insurance Companies?
Using a helmet when you ride can show you are mindful of safety. If an adjuster or jury sees you as a careful rider who obeys traffic laws, they might be more inclined to believe your statements about how the accident happened. They might also be less likely to question your motives when you seek money to cover your injuries.
Avoids Arguments About Preventable Injuries
Insurance companies sometimes argue that a rider's injuries result from not using safety gear. If you wore a helmet, the company has fewer ways to claim you did not do your part to protect yourself. That can speed up settlement discussions and make you more likely to get a fair amount.
Strengthens Medical Evidence
You might still have injuries when you wear a helmet, but they are less likely to be severe head traumas. Medical records can show that your head was protected, emphasizing the severity of the crash and how it caused other types of injuries. If you wear protective gear and still get hurt badly, that often signals a strong case.
Why Should You Consider Hiring a Motorcycle Accident Lawyer?
Motorcycle accident cases are different from car accident cases. You often deal with more serious injuries and special laws about helmets, lane splitting, or even the size of your bike. A motorcycle accident attorney understands how to make the best case for you. They can ensure all details are handled.
Negotiating with Insurance Companies
Insurance companies are known for settling claims for as little as possible. They may say you were speeding or did not wear a helmet properly. You might have a low settlement if you are unprepared for these arguments.
Your motorcycle accident lawyer's job is to counter these claims with solid evidence and strong legal reasoning. They can also file all the paperwork on time and ensure you meet important deadlines.
Fighting for Fair Compensation
Even if you were wearing a helmet, you can still suffer major injuries like broken bones, road rash, or damage to your spinal cord. You might miss work, need lengthy rehab, or face mental distress from the accident.
A motorcycle accident lawyer can help seek payment for these costs. They can also aim for amounts to cover future medical needs, not just the bills you have right now.
Handling Court Proceedings
You might need to go to court if your case does not settle. This can be a difficult process that involves filing legal papers, presenting evidence, and possibly arguing before a judge or jury.
A motorcycle accident lawyer handles these tasks with experience. They understand the rules for bringing evidence to court and how to question witnesses. Going to trial without a lawyer is risky, especially if you are dealing with serious injuries and big financial losses.
Do Different Types of Helmets Affect Your Motorcycle Accident Case?
All DOT-approved helmets offer a baseline of protection. However, a full-face helmet can guard your face and jaw, while a half-helmet protects the top of your head. You may avoid facial injuries in a crash with a full-face helmet. This can reduce the chances an insurance company says you failed to protect yourself.
Open-Face Helmets
Open-face helmets provide head protection but leave the face exposed. If you get injured in your eyes or jaw, an insurer can argue that you did not wear the safest helmet.
A motorcycle accident attorney can show that you still used a DOT-approved helmet and that the main cause of your injuries was the other driver’s actions, not your open-face style.
Non-DOT-Approved Helmets
These might look cool, but they do not meet important safety standards. If you wore a novelty helmet with no padding, an insurer might treat it as if you had no helmet. This can complicate your accident claim, especially if your state has strict helmet laws.
Helmet Upgrades
Some riders add extra gear, like built-in communication systems or tinted visors. These features do not usually harm your case. What matters is that your helmet meets or exceeds safety standards and does not interfere with your ability to see or hear traffic. If it did interfere, an insurance company can bring that up to question your level of caution.
How Can Helmet Use Affect Court Decisions in Motorcycle Accident Cases?
If your case goes before a jury, your helmet use can send a strong message. It tells the jurors that you took safety seriously. This may make them more inclined to believe you deserve payment for damages caused by another driver’s mistake.
Avoiding Blame
In a trial, lawyers on the other side might try to shift blame onto you. They can claim you made a risky choice by not wearing a helmet or wearing an unsafe one. If you followed the rules and wore a proper one, this argument might fail. A motorcycle accident lawyer can then focus on the main issues, such as the other driver’s reckless or distracted behavior.
Medical Professional Testimony
Doctors and other medical professionals might testify about your injuries. They may confirm that you avoided critical wounds if you wore a helmet. This can support the idea that you were acting responsibly, yet you still got hurt because of the other party’s actions. On the flip side, if you didn’t wear a helmet, the defense might bring in professionals who will argue that you may have avoided the injuries.
Evidence of Helmet Condition
In court, physical evidence is very persuasive. If the crash visibly damages your helmet, you can present it to the jury as proof of a strong impact. This kind of evidence can help show you faced a life-threatening collision and that the other driver should be held responsible for what happened.
Can You Still Recover Compensation for a Motorcycle Accident If You Were Not Wearing a Helmet?
Yes, you can still pursue compensation even if you did not wear a helmet. However, it might be a tougher fight. Insurance companies can question the extent of your injuries or claim that your head injuries were your responsibility to prevent. They might attempt to reduce the amount they pay.
Focus on the Cause of the Motorcycle Accident
A key factor is showing that the other driver’s actions caused the crash, such as running a stop sign or driving while distracted. If your injuries include more than just head trauma, you can still claim payment for your broken bones, back injuries, or other harm. A motorcycle accident lawyer can frame your case so that the lack of a helmet does not overshadow the other driver’s fault.
State Helmet Laws Matter
If you live where helmets are legally required, not wearing one can create extra hurdles. But even then, you are not automatically barred from seeking help with medical bills or other expenses. The accident details still matter; you should never assume you have no options. Speaking with a lawyer gives you the best understanding of your options in the case.
What If You Borrowed a Helmet or Motorcycle?
Sometimes, riders borrow a helmet that may not fit or meet standards. If you crash while wearing a friend’s old helmet, an insurance company might ask questions about its condition. Did it have cracks or a worn-out strap? Even so, some protection is usually better than none. Your lawyer can work with you to show that you tried to follow safety measures, even if the helmet was not brand new.
Borrowed Motorcycle
What if the bike you were riding was not your own? Maybe you borrowed your cousin’s motorcycle for a weekend ride. Accidents on borrowed motorcycles can raise questions about insurance coverage and who is financially responsible.
A motorcycle accident attorney can help track down the right insurance policy and show that the other driver’s negligence caused the crash, regardless of the bike you were on.
Rental Bikes
If you rent a motorcycle, the rental agreement might require you to wear a certain type of helmet. The rental or insurance company can use that against you if you do not.
Always read the rental contract carefully, and wear a helmet that meets local laws. This precaution can protect both physically and legally.
Proof of Ownership
Another angle is proving that you were allowed to use the bike. If someone questions permission, insurance companies may try to avoid paying.
A motorcycle lawyer can handle such complications, showing that you were authorized to ride and that the focus should be on how the crash happened, not on whether you owned the motorcycle or helmet.
Reach Out to a Trusted Motorcycle Accident Lawyer
Take action now. Contact a trusted personal injury attorney to discuss your case and learn your next steps.
Your health and financial stability may depend on a strong legal strategy; wearing a helmet is only one piece of the puzzle. By acting quickly, you can protect your rights, increase your chances of a fair settlement, and return to recovery.
Chong H. Ye
Managing Partner
Chong H. Ye is a Federal Way, WA personal injury trial lawyer who understands that when clients come to him with their legal matter, they need his experience and his readiness to fight the insurance companies on their behalf.
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