Riding a motorcycle is often considered a freeing and thrilling experience, but it also comes with inherent risks. Unfortunately, given their lack of protection, accidents involving motorcycles often lead to serious injuries. If you weren’t wearing a helmet, those injuries may be even more severe and can open the door to questions about whether your lack of a helmet impacts your ability to file a claim.
The simple answer is yes, you can file a claim. Not wearing a helmet, however, can affect the results of your case, including the amount you receive in any settlement or verdict. Here’s what you need to know.
Understanding Massachusetts Helmet Laws
Massachusetts is one of the many states that enforce a universal helmet law that requires all motorcyclists and their passengers to wear protective headgear. This helmet must meet the Registrar of Motor Vehicles’ specific standards. Failing to wear a helmet could lead to issues down the road, requiring you to pay fines and potentially influencing any personal injury claim following an accident.
Comparative Negligence in Massachusetts
Massachusetts operates using a modified comparative negligence system. This is important in personal injury cases, especially if you’re partly to blame for the incident or resulting injuries. Under Massachusetts law, you may recover damages in an accident if you are less than 51% at fault. However, that amount will drop by your percentage of fault.
For example, suppose you were found to be 20% at fault for your injuries because you did not wear a helmet. In this situation, you could still pursue compensation, but any verdict or settlement would drop by 20%.
The Impact of Not Wearing a Helmet on Your Claim
Riding without a helmet doesn’t automatically prohibit you from filing a motorcycle accident claim. However, it does present several considerations that can affect the outcome of your case, including:
1. Determination of Fault
After a motorcycle accident, one of the first questions that pops up is who caused the collision. If the other driver is entirely at fault for the accident—for instance, running a red light or driving under the influence—your failure to wear a helmet may have no bearing on the determination of fault in the crash.
However, the lack of a helmet can become an important issue when determining the extent of your injuries. The other party will likely argue that you suffered more severe injuries than you otherwise would have because you did not wear a helmet. Based on this, they may attempt to shift some of the fault to you.
2. Reduction in Compensation
Even if the other driver is clearly responsible for causing the accident, failure to wear a helmet can reduce the amount of damages you can recover. The defense might claim that your head or facial injuries would have been much less serious—or might not have occurred at all—if you wore a helmet.
For example, let’s suppose your damages claim is $100,000, but you’re found to be 25% at fault because failing to wear a helmet contributed to the severity of your injuries. In this situation, your recovery would be reduced by 25% to $75,000.
3. The Role of Expert Testimony
Where helmet use is an issue, expert testimony may become critical. Medical experts and accident reconstruction experts may testify about the degree to which failure to wear a helmet caused your injuries.
Their testimony can be crucial in the back-and-forth arguments that often come up in these cases. The defense might say a helmet would have mitigated or lessened your injuries, and your attorney may argue that the majority of your injuries were due to the other party’s negligence. It is possible that the helmet would not have prevented the injuries. Your lawyer can use the expert’s testimony, if applicable, to back up your claims.
Legal Precedents and Considerations
Massachusetts courts have dealt with countless motorcycle accident cases, some of which involved helmet use issues. All cases are different, but generally, the courts assess whether your failure to wear a helmet contributed to the severity of your injuries and by how much.
For instance, suppose Charles is injured in a motorcycle accident and wasn’t wearing a helmet. His injuries are primarily to his back and legs, parts of his body not impacted by wearing a helmet. In this case, his lack of head protection may make little difference.
However, if Charles suffered a head injury, the defense may well argue that those head injuries were partly his fault because he failed to wear a helmet and violated state law.
The bottom line is that every case is different. There’s not a one-size-fits-all solution that applies to these cases, as Massachusetts courts consider the specific facts and circumstances of each accident when applying comparative negligence.
What to Do After a Motorcycle Accident Without a Helmet
If you are involved in a motorcycle accident without wearing a helmet, it’s important to take proper steps to protect your rights and strengthen your claim. Here’s what you need to do:
1. Seek Immediate Medical Care
First and foremost, seek medical attention, even if you don’t think you’ve been hurt badly. After a motorcycle accident, the adrenaline coursing through your veins might mask the symptoms of an injury, even a more serious one. So, it’s important to get checked out regardless of whether you can see obvious injuries.
Full medical documentation can also work to your benefit once you file your claim.
2. Document the Accident Scene
Take several photos of the scene when safe to do so and if you’re physically able. Snap photos of everything: the location of the motorcycle accident, the motorcycle, visible wounds, and damage to other vehicles that were involved. Get contact information from any witnesses and the other driver and request a copy of the police report.
3. Avoid Discussing Fault
After an accident, emotions often run high, and it can be easy to say something that could be used against you later. For example, you might say, “I’m so sorry!” or “I didn’t see you!” Even the most innocent statements could be twisted against you, so it’s important to discuss who is at fault for the accident regardless of who you’re talking to.
Always chat with a lawyer before discussing the accident with anyone, including insurance agencies involved in the claims process. Of course, you should tell your side of the story to the police but avoid any admissions of fault.
4. Contact a Motorcycle Accident Lawyer
Reach out to a skilled Massachusetts motorcycle accident attorney as soon as possible after your accident. Your lawyer can help you through every stage of the legal process, helping you understand the specifics of not wearing a helmet, how it affects your claim, and applicable comparative negligence laws.
There are deadlines that apply to filing these cases (usually three years for personal injury cases in Massachusetts), so don’t wait. Your attorney can help you stay on track and avoid missing important deadlines.
Don’t Let Helmet Use Define Your Case—Seek Legal Guidance Today
If you were not wearing a helmet at the time of your motorcycle accident, you are still able to submit a claim in Massachusetts. However, it’s important to remember that your choice not to wear a helmet may factor into an analysis of fault and damages.
These cases can quickly become complicated, so it’s important to enlist the guidance of a knowledgeable motorcycle accident attorney. This way, your decision not to wear a helmet doesn’t have to prevent you from pursuing justice.
If you’ve been injured in a Massachusetts motorcycle accident, our experienced team at the Fogelman Law Firm is here to help. We can guide you through the process, working to help you understand your rights and options and pursue the best possible outcome. Contact us today to learn more about how we can help you.
