Noncompliance With Helmet Laws Affect Motorcycle Accident Cases

Helmet laws can have an effect on personal injury lawsuits as well…

Several states have mandated the use of helmets for motorcyclists.  These laws have been quite controversial and have been called unconstitutional by some motorists.  While some motorcyclists have claimed that helmet laws impinge on personal freedoms in the Constitution, these safety regulations have widely been held up as constitutional in the courts. Even though mandatory helmet laws have not always been supported across the board, they have been effective in reducing the amount of serious head injuries and fatalities that occur as the result of motorcycle accidents.

Helmet laws can have an effect on personal injury lawsuits as well, since failure to be wearing mandatory head protection at the time of an accident can be seen as negligence on the part of the motorcyclist, calling into question issues of liability and personal responsibility.  If a motorcyclist is not wearing a helmet, making a case against an opposing motorist can become increasingly difficult, if the opposing motorist can demonstrate that negligence was a part of injuries sustained.  However, even if failure to wear a helmet increases the severity or amount of injuries sustained, that does not mean that this negligence contributed to the cause of the accident itself.  So while it may mean less recovery of damages, this should not have an effect on the legal outcome itself.

Failure on the part of the motorist to wear a helmet can have a varying degree of effects on the outcome of a case. Some states have criminal penalties for failure to comply with safety regulations like wearing a helmet.  In many states where helmets are mandated, it is still unclear as to whether and to what extent the motorcyclist’s failure to wear a helmet contributes to determining negligence.  It may or may not be a determining factor at all – some courts have found this fact to be inadmissible in personal injury lawsuits.

In other states, however, failure to wear a helmet is treated just as any other safety violation would be, like seat belt negligence or speeding. If it can be determined to be a contributing factor or proximate cause of injuries sustained, failure to wear a helmet can have an affect on the amount of damages or the ability of the motorcyclist to recover damages from a personal injury suit.

Because motorcycle helmet regulation varies from state to state, and the way that states approach viewing helmet wearing with regard to negligence can differ so greatly, finding a motorcycle accident attorney in your state is crucial. In the event of an accident with or without a helmet, contacting a motorcycle accident attorney immediately is extremely important.

St. Louis Motorcycle Accident Lawyers

GET IMMEDIATE HELP! If you feel that you or someone you love has a motorcycle accident case, contact the St. Louis motorcycle accident lawyers at Zevan and Davidson Law Firm today. Schedule a free consultation by calling (314) 588-7200.

photo credit: DaGoaty