Can I Recover Compensation From the At-Fault Driver If I Didn’t Have a Helmet On?

Personal Injury Lawyer

Not wearing a helmet and being involved in a motorcycle accident can get complex, but it isn’t an impossible situation. Almost every state in the country has some type of motorcycle helmet law, but there are some ways to navigate the situation to your favor. What’s most important is having a motorcycle accident lawyer on your side so you can get the most compensation possible.

If You Experience a Head Injury

If you suffer a head injury as a result of a motorcycle accident in which you were not wearing a helmet, you may not be able to recover compensation for that specific injury. Not only is it the law in most states, it’s just a smart thing to wear your helmet.

Depending on the extent of other injuries sustained and the legal battle you and your lawyer present, you may be able to recover compensation for all other injuries. What this means is if your head injury accounted for 45% of your medical expenses, a broken leg accounted for 35% of those expenses and road rash on your torso accounted for the last 20%, it’s possible you could receive compensation for 55% of your medical costs to cover the leg and the torso.

If There Is No Head Injury

While not wearing a helmet on a motorcycle is illegal in most states, it can’t be used as a factor in a case that does not involve a head injury. If you have no head injury but deserve compensation for a broken hip or other similar injury, the side of the at-fault driver cannot use your lack of a helmet against you. This goes for whether the accident was entirely the other driver’s fault or if it was partially yours.

Some Things to Keep In Mind

Although you may be able to recover a certain amount of compensation after a motorcycle accident in which you did not wear a helmet, your insurance premiums could go up due to reckless driving. It might also take a bigger fight on your part to receive a payout from your insurance provider.

Also keep in mind that collecting documentation is one of the best things you can do. A police officer should make an official report of the accident, someone should take pictures and witness statements should be collected. Your lawyer can file the documentation for you to use it when needed.

Contacting a Lawyer

After being involved in a motorcycle accident without a helmet, you can often recover compensation from the at-fault driver for injuries not related to your head. Contact a professional motorcycle accident lawyer in Salt Lake City, UT to help you work through it.

Thanks to Rasmussen & Miner for their insight into personal injury claims and motorcycle accidents without a helmet.