Almost every state in the nation has laws regarding the use of helmets while operating or riding as a passenger on a motorcycle. These laws can also decide whether a lawsuit is ruled in your favor after a motorcycle accident.
According to the National Highway Traffic Safety Administration, out of every 100 fatal motorcycle collisions and accidents in which the drivers were not wearing helmets, at least 37 lives could have been spared had helmets been worn. This is only for fatal accidents. The reduction of injuries if people had worn a helmet during non-fatal accidents is enormous. Because of the tremendous amount of accidents and the fact that so many lives could have been saved by just wearing a helmet, the majority of states in the nation take helmet laws seriously. In fact, only three states out the 52 states have no helmet laws: New Hampshire, Iowa, and Illinois. The remaining states either require specific riders or all riders to wear helmets.
If you’ve been injured in a motorcycle accident, it’s imperative that you know and understand your state’s laws in regards to helmets. You can find state-specific information by contacting your state’s Department of Vehicles. However, there are certain are certain laws that are typical of most states:
- A helmet is typically irrelevant to your claim if you didn’t sustain any neck, shoulder, or head injuries, even if you were wearing a helmet.
- If you weren’t wearing a helmet in a state that doesn’t have a helmet law, it will be be hard to prove that your own negligence wasn’t the reason for injuries.
- If you were not wearing a helmet in a state that requires that you wear one, your case will be extremely difficult to prove, and an attorney is highly recommended.
If you’ve been in a motorcycle accident, regardless if you were wearing a helmet or not, a motorcycle accident lawyer can help you through legal process and educate you about your rights.