The process of gaining compensation after a motorcycle accident can raise many questions and concerns. If you were not wearing a helmet at the time of your accident in Massachusetts, you might be worried about how it affects your motorcycle accident claim. This article aims to help you navigate the complexities of MA helmet laws and your right to compensation.

After reading this article, our goal is to ensure that you understand your rights and that you receive fair treatment throughout the claim process. We also recommend consulting with an experienced motorcycle accident lawyer, who can make a significant difference in protecting your interests and helping you move forward.

Does Not Wearing a Helmet Affect My Motorcycle Accident Claim in Massachusetts?

Wearing a helmet is not just a safety recommendation—it's the law. However, not wearing a helmet doesn't automatically disqualify you from filing a motorcycle accident claim, although insurance companies might attempt to reduce your compensation by arguing that riding without a helmet contributed to your injuries.

Massachusetts Helmet Laws

Understanding Massachusetts helmet laws is essential for all motorcycle riders and passengers to ensure both safety and legal compliance.

• Mandatory for All Riders and Passengers: Massachusetts enforces a universal helmet law, meaning that all motorcycle operators and passengers, regardless of age or experience, are required to wear a helmet at all times while on a motorcycle.
• Legal Reference: This requirement is stipulated in Massachusetts General Laws Chapter 90, Section 7. The law mandates the use of protective headgear that meets specific safety standards.

Helmet Standards and Specifications

• DOT Approval: Helmets must meet the standards set by the U.S. Department of Transportation (DOT). Look for a DOT certification sticker on the helmet to ensure it complies with federal safety regulations.
• Proper Fit and Fastening: The helmet should fit snugly and be securely fastened with a chin strap. An improperly fitted or unfastened helmet may not provide adequate protection and could be considered non-compliant with the law.

Eye Protection

• Strongly Recommended: While not explicitly required by Massachusetts law, wearing eye protection such as goggles or a face shield is highly recommended, especially if your motorcycle lacks a windshield. This helps protect against debris, insects, and wind.

Penalties for Non-Compliance

• Fines and Citations: Failure to wear a helmet can result in monetary fines and legal citations. The exact amount may vary, but non-compliance is considered a traffic violation.
• Impact on Insurance Claims: Not wearing a helmet can affect personal injury claims in the event of an accident. Insurance companies may argue that injuries sustained were due in part to the lack of proper headgear, potentially reducing compensation under comparative negligence laws.

Applicability to Other Vehicles

• Mopeds and Scooters: The helmet law also applies to operators and passengers of mopeds and motorized scooters. If you're riding any motorized two-wheeled vehicle, wearing a helmet is mandatory.

No Age Exemptions

• All Ages Covered: Unlike some states that have age-based helmet laws, Massachusetts requires all riders and passengers, regardless of age, to wear a helmet.

Safety Benefits

• Reducing Fatalities and Injuries: According to the National Highway Traffic Safety Administration (NHTSA), helmets are estimated to be 37% effective in preventing fatal injuries to motorcycle riders and 41% for motorcycle passengers.
• Protecting Against Legal Liability: Wearing a helmet not only safeguards your health but also strengthens your legal position should an accident occur.

Recommendations for Riders

• Choose a Quality Helmet: Invest in a helmet that meets or exceeds DOT standards. Some riders opt for helmets that also meet Snell or ECE standards for additional safety assurance.
• Regularly Inspect Your Helmet: Helmets can degrade over time or after an impact. Regularly check for cracks, loose padding, or damaged straps, and replace your helmet as needed.
• Stay Informed: Laws can change. Stay updated on any amendments to motorcycle safety regulations in Massachusetts.

If you have been involved in a motorcycle accident, it is highly recommended that you consult with an MA personal injury lawyer as soon as possible.

How Not Wearing a Helmet in Massachusetts Can Affect Your Claim After a Motorcycle Accident

If you weren't wearing a helmet at the time of your accident, you might be worried about how this could affect your ability to receive compensation for your injuries. Understanding the concept of comparative negligence in Massachusetts motorcycle accidents without a helmet can help you navigate your claim more confidently.

Understanding Comparative Negligence in Massachusetts

Massachusetts operates under a legal principle known as modified comparative negligence. This means that if you are partially at fault for an accident, your compensation can be reduced by the percentage of your fault. However, as long as you are not more than 50% responsible, you can still recover damages.

• Example: If you're awarded $100,000 but found to be 30% at fault, your compensation would be reduced by 30%, leaving you with $70,000.

How Not Wearing a Helmet Affects Your Claim

In the context of motorcycle accidents, not wearing a helmet can be considered a form of negligence, especially since Massachusetts law requires all riders and passengers to wear helmets (Massachusetts General Laws Chapter 90, Section 7). Here's how it might impact your claim:

• Injury Severity: If you sustained head or neck injuries, the opposing party might argue that these injuries were exacerbated by not wearing a helmet.
• Fault Percentage: Your failure to wear a helmet could increase your assigned percentage of fault, thus reducing your compensation.
• Legal Compliance: Violating helmet laws can be used as evidence of negligence against you.

Factors That Influence Comparative Negligence

Several elements are considered when determining fault and negligence in motorcycle accidents without a helmet:

1. Cause of the Accident: Was the other party clearly at fault (e.g., running a red light)?
2. Type of Injuries: Are your injuries directly related to not wearing a helmet?
3. Compliance with Other Laws: Were you following all other traffic regulations?
4. Expert Testimony: Medical experts may testify on how a helmet would have impacted your injuries.

Insurance Companies and Comparative Negligence

Insurance companies often use comparative negligence to minimize the amount they have to pay:

• Reducing Settlements: They may argue that your lack of helmet use significantly contributed to your injuries.
• Denial of Claims: In extreme cases, they might attempt to deny the claim altogether.
• Negotiation Tactics: Insurers might offer lower settlements, expecting you to accept due to the complexity of the situation.

Determining fault can be complex after a motorcycle accident. If you were riding without a helmet or have questions, it is important to consult with a lawyer right away to discuss the details of your accident and available legal options.

What Steps Should I Take After a Motorcycle Accident in Massachusetts?

If you've been involved in a motorcycle accident in Massachusetts, it is important to take the proper steps after the accident.

1. Ensure Your Safety and That of Others

• Check for Injuries: Your immediate priority should be to assess yourself and others for any injuries. If anyone is hurt, call 911 right away to request medical assistance.
• Move to a Safe Location: If it's safe and possible, move away from traffic to prevent further accidents. Use hazard lights or warning triangles to alert oncoming vehicles.

2. Call the Police

• Report the Accident: Even if the collision seems minor, it's important to have an official police report. Law enforcement will document the scene and gather essential information, which can be critical for insurance claims and any legal proceedings.

3. Exchange Information with Involved Parties

• Collect Essential Details:
  • Names and contact information
  • Driver's license numbers
  • License plate numbers
  • Insurance information
• Document Vehicle Information: Note the make, model, color, and any distinguishing features of the other vehicles involved.

4. Gather Evidence at the Scene

• Take Photographs:
  • Damage to all vehicles
  • Road conditions and skid marks
  • Traffic signs and signals
  • Any visible injuries
• Identify Witnesses:
  • Obtain names and contact details of any bystanders who witnessed the accident.
  • If possible, record their statements using your phone (with their consent).

5. Avoid Admitting Fault

• Be Mindful of Your Statements:
  • Do not admit fault or apologize, as these statements can be used against you later.
  • Provide factual information to the police without speculating about who is to blame.

6. Seek Immediate Medical Attention

• Get a Medical Evaluation:
  • Some injuries may not be immediately apparent due to adrenaline or shock.
  • A thorough medical examination can detect hidden injuries and provide necessary documentation.
• Follow Medical Advice:
  • Adhere to all treatment plans and attend follow-up appointments.
  • Keep records of all medical visits, prescriptions, and expenses.

7. Notify Your Insurance Company

• Report the Accident Promptly:
  • Inform your insurance provider as soon as possible.
  • Provide accurate and factual information without admitting fault.
• Understand Your Policy:
  • Review your coverage details to know what benefits you may be entitled to receive.

8. Preserve All Documentation

• Maintain an Organized File:
  • Police reports
  • Medical records and bills
  • Repair estimates and receipts
  • Correspondence with insurance companies
• Document Financial Losses:
  • Keep track of lost wages if you're unable to work.
  • Record any other out-of-pocket expenses related to the accident.

9. Be Cautious with Insurance Adjusters

• Limit Your Communication:
  • Be polite but avoid providing detailed statements without legal advice.
  • Do not agree to a recorded statement without consulting an attorney.
• Don't Rush to Settle:
  • Early settlement offers may not fully cover your damages.
  • Consider seeking legal counsel before accepting any offers.

10. Consult a Motorcycle Accident Attorney

• Seek Legal Guidance:
  • An experienced attorney can help you understand your rights and options.
  • They can handle communications with insurance companies on your behalf.
• Benefit from Expertise:
  • Attorneys are skilled in negotiating fair settlements and can represent you if litigation becomes necessary.

12. Avoid Social Media Discussions

• Protect Your Privacy:
  • Refrain from posting about the accident, your injuries, or negotiations online.
  • Insurance adjusters may monitor your social media accounts for information to use against you.

Following these steps will help to ensure that you can build the strongest possible case after a motorcycle accident in Massachusetts.

You’re Not Alone: Brandon J. Broderick, Attorney at Law, Is Here to Help After Your Motorcycle Accident

We understand that being involved in a motorcycle accident in Massachusetts can turn your life upside down in an instant. The physical pain, emotional stress, and uncertainty about the future can be overwhelming and stressful for both you and your family. At Brandon J. Broderick, Attorney at Law, we want you to know that you don't have to face this difficult time by yourself. We are here day or night to assist you in your recovery.

Contact us today for a free consultation.