Motorcycle Injury: Helmet Usage and Damages
Does a Motorcyclist's Failure to Wear a Helmet Limit Recovery for Personal Injury?
It depends. While some states limit a motorcyclist's recovery for failure to wear a helmet, other states still allow a motorcyclist to collect all damages.
Why Would a Court Decide to Limit Damages?
Most courts recognize the importance that helmets play in preserving a motorcyclist's safety. Therefore, failure to wear a helmet is often regarded as a conscious disregard for one's own well-being. Courts usually explain this rationale as either negligence, assumption of risk, mitigation of damages, or simply as an avoidable consequence.
What Factors Affect a Motorcyclist?s Ability to Recover for Damages?
While each motorcycle injury case is different, courts generally look at the same factors when determining a motorcyclist's ability to recover:
- Any state or local laws requiring helmets that include fines or punishment (NOTE: The existence of motorcycle helmet laws does NOT preclude full recovery of all personal injury damages.)
- Probability of preventing injury if helmet was worn.
- Any exacerbation or addition of injuries caused by failure to wear a helmet
- Motorcyclist's relative fault in causing his or her own personal injuries
- Public policy considerations (e.g. would allowing motorcyclist full recovery promote or deter helmet usage?)
How Can a Lawyer Help Me?
If you suffered a motorcycle injury while not wearing a safety helmet, you should contact a personal injury attorney to help assess your case. A lawyer can inform you of your state and local government helmet laws, and how they may affect your ability to recover damages.
Consult a Lawyer - Present Your Case Now!
Last Modified: 10-13-2011 01:26 PM PDT
