I wasn’t wearing a helmet when I was in a motorcycle accident. Can I still obtain compensation?
It is important to always wear a motorcycle helmet for safety, but it does not affect a motorcycle accident legally, including whether you’ll receive compensation for your injuries and other losses.
Kentucky and Indiana have partial helmet laws, requiring riders under age 21 and 18, respectively, to wear a motorcycle helmet. Kentucky makes further provisions, requiring a helmet if a motorcyclist has been licensed for less than a year or has no medical insurance. Tennessee has no motorcycle helmet law. (See the Governors Highway Safety Association roundup of motorcycle helmet laws.)
Wearing a motorcycle helmet greatly increases your chances of surviving a motorcycle accident, according to the National Highway Traffic Safety Administration and most other organizations that study the matter. But a helmet is not typically considered a contributing factor in an accident. Therefore, not wearing a helmet should not affect the compensation you could be awarded in a lawsuit after a motorcycle accident.
Engaging an experienced motorcycle accident attorney is the best way to protect your ability to obtain compensation after an accident, regardless of the circumstances of the wreck. If you have been seriously injured in a motorcycle accident that was someone else’s fault in Kentucky, Indiana, Ohio, or Tennessee, please contact the Becker Law Office today.