Motorcycle accidents can result in serious injuries, and in some cases, fatalities. In Pennsylvania, as in other states, specific laws govern motorcycle operation, and one of the most important regulations is the helmet law. The state’s helmet requirements can have a significant impact on motorcycle accident claims. Understanding these laws is crucial for both riders and those involved in motorcycle accidents.

This blog post will explain how Pennsylvania’s helmet laws can influence a motorcycle accident claim and what riders need to know to protect their rights.

Pennsylvania’s Helmet Law

Pennsylvania’s helmet law allows for more flexibility compared to some other states. As of 2003, Pennsylvania no longer mandates that all motorcycle riders must wear a helmet. However, there are specific conditions where a helmet is required. The law states that helmets must be worn by:

• Motorcyclists under the age of 21
• Motorcycle riders with a learner’s permit
• Motorcyclists who do not have proper medical insurance

For riders who are 21 years or older and have at least two years of riding experience, or have completed a motorcycle safety course, wearing a helmet is optional. However, if you choose not to wear a helmet, your decision can affect your rights if you are involved in a motorcycle accident.

The Role of Helmet Use in Motorcycle Accidents

While helmets are designed to protect motorcyclists in the event of a crash, not wearing one doesn’t automatically negate your ability to file a claim for damages. However, the helmet law does play a role in how a claim may proceed, particularly in the context of contributing to injuries.

Comparative Negligence in Pennsylvania

Pennsylvania follows a comparative negligence rule when it comes to personal injury claims. This means that the degree of fault each party has in an accident will affect the compensation that party can recover. In the context of motorcycle accidents, if you were not wearing a helmet and suffered head injuries, the opposing party (or their insurance) may argue that your failure to wear a helmet contributed to the severity of your injuries.

While not wearing a helmet is not the sole cause of a motorcycle crash, insurance companies may use it to reduce the amount of compensation you are entitled to receive. For instance, if your head injuries are more severe because you were not wearing a helmet, the insurance company may argue that you should be partially responsible for your injuries. This could reduce your overall settlement or award, depending on the degree of negligence attributed to you.

The Impact on Damages

If you’re injured in a motorcycle accident and you weren’t wearing a helmet when the law required you to, this could affect the type and amount of damages you can recover. In Pennsylvania, damages are typically split into two categories: economic and non-economic.

• Economic damages include medical bills, lost wages, and other direct financial costs related to your injury. If you weren’t wearing a helmet and your injuries were worsened as a result, you could have a reduced chance of recovering the full cost of these damages.
• Non-economic damages address intangible losses, such as pain and suffering. If it’s shown that wearing a helmet could have reduced the severity of your injuries, it could influence how much you can recover for these types of damages.

Insurance Companies and Helmet Laws

Insurance companies will often use the failure to wear a helmet as a defense strategy in a motorcycle accident case. They may argue that the motorcyclist’s injuries were more severe than they would have been had they been wearing a helmet. This could lead to a reduction in compensation or a lengthy negotiation over the extent of the injuries and their relation to helmet use.

However, it’s important to note that insurance companies are also obligated to compensate you for injuries caused by the other party’s negligence, even if you weren’t wearing a helmet. If the other driver was at fault in the accident, you still have the right to pursue compensation for your injuries.

Helmet Laws and Motorcycle Safety

Despite the potential effects helmet use may have on a claim, the importance of helmets for motorcyclists cannot be overstated. Helmets are designed to protect riders from traumatic brain injuries, which can result from even a minor accident. The statistics consistently show that wearing a helmet greatly reduces the risk of fatal head injuries.

In fact, studies have demonstrated that helmets reduce the risk of fatal motorcycle injuries by over 40% and brain injuries by around 70%. Even though helmet use is optional for some riders in Pennsylvania, the safety benefits of wearing one are undeniable.

What Happens If You’re Not Wearing a Helmet and Are Involved in an Accident?

If you are not wearing a helmet at the time of a motorcycle accident, the outcome of your claim will depend on several factors:

• The Cause of the Accident: If the other driver was primarily at fault in the accident (for example, running a red light or failing to yield), you may still have a valid claim for damages, even if you were not wearing a helmet.
• The Severity of Your Injuries: If your injuries are more severe due to not wearing a helmet, the defendant’s legal team or the insurance company may argue that your lack of helmet use contributed to the extent of your injuries. This could reduce your recovery.
• Comparative Negligence: If you are found partially responsible for your injuries due to not wearing a helmet, your compensation could be reduced in proportion to your level of fault. However, this does not prevent you from recovering damages if the other party is at fault.
• Contributory Factors: If other factors contributed to the accident, such as poor road conditions or mechanical failure, these may also be considered in the claim. The absence of a helmet may not significantly affect the overall damages if the primary cause of the crash was someone else’s negligence.

How to Protect Your Rights After a Motorcycle Accident

To protect your rights and ensure you receive the compensation you deserve after a motorcycle accident, it’s important to:

• Seek Immediate Medical Attention: Regardless of whether you were wearing a helmet, getting medical treatment right away is crucial. This establishes a record of your injuries and helps prevent arguments from insurance companies regarding the severity of your injuries.
• Consult an Experienced Motorcycle Accident Attorney: Working with a lawyer who understands Pennsylvania’s helmet laws and the motorcycle accident claims process can help you navigate the complexities of your case. An attorney can assist in gathering evidence, negotiating with insurance companies, and ensuring you are treated fairly throughout the legal process.
• Preserve Evidence: Collect all relevant evidence, including photographs of the accident scene, your injuries, medical records, and witness statements. This documentation can help prove your case, especially if helmet use becomes a point of dispute.

Conclusion

While Pennsylvania’s helmet laws provide flexibility for some motorcyclists, it’s essential to understand how these laws may impact your ability to recover damages in a motorcycle accident claim. If you’re involved in an accident and weren’t wearing a helmet, your claim may be affected by comparative negligence. However, this doesn’t mean you are automatically disqualified from recovering compensation.

At Kingbird Legal, we understand the complexities of motorcycle accident claims and are here to guide you through the process. If you’ve been injured in a motorcycle accident in Pennsylvania, contact us today for a consultation. We are dedicated to fighting for your rights and helping you secure the compensation you deserve.