Can I Still Recover from Injuries Sustained in a Motorcycle Accident if I Was Not Wearing a Helmet?

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Your decision to ride without a helmet could impact your ability to successfully pursue a personal injury claim against the person who caused your motorcycle accident. Whether or not you will be able to recover compensation depends in part on your state’s laws regarding helmet use.  If you ride without a helmet in a state with mandatory helmet requirement, your choice to not wear a helmet may constitute negligence on your part and may affect your recovery (depending on your state’s laws about contributory or comparative negligence).  If your state does not require a helmet, then you may still be able to recover compensation from an at-fault driver but there are damages and insurance considerations.  To limit your recovery, the opposing side would need to show that your failure to wear a helmet caused your injuries or made the injuries you sustained worse.  In addition to a potential adverse effect on the damages you can cover, not wearing a helmet will almost certainly cause your insurer to raise your premiums or even deny your claims if you were not wearing a helmet in a state that requires it.

Please contact us for a consultation right away if you’ve been injured in a motorcycle accident.

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