Motorcycle accidents can result in severe injuries, and the question of whether a rider was wearing a helmet at the time of the accident often plays a significant role when you decide to file an accident claim. In Pennsylvania, helmet laws are somewhat lenient compared to other states, but that raises an important question: How does riding without a helmet impact a motorcycle accident claim? Does it affect your ability to recover damages, even if the accident wasn’t your fault?

In the following blog, we explore the laws that govern helmet rules and motorcycles in Pennsylvania and how they could impact a personal injury claim. We will also discuss the potential impact of not wearing a helmet on your insurance claim and the compensation you may be entitled to after a motorcycle accident.

For those with legal questions, it is in your best interest to consult a PA motorcycle accident lawyer for advice. The team at Brandon J. Broderick, Attorney at Law is here to help. Call us today to learn more about how we can help.

Pennsylvania's Motorcycle Helmet Laws

Who is Required to Wear a Helmet?

Pennsylvania law offers flexibility when it comes to motorcycle helmet use. Under Pennsylvania Statute Title 75, Section 3525, motorcycle riders aged 21 or older who have either been licensed to operate a motorcycle for two or more years or have completed an approved motorcycle safety course are not required to wear a helmet. However, all riders under the age of 21 and any passengers are mandated by law to wear helmets at all times.

While Pennsylvania's helmet law allows many riders to choose whether or not to wear a helmet, this decision could affect how your accident claim is handled if you're involved in a crash.

The Impact of Not Wearing a Helmet on an Accident Claim

If you are involved in a motorcycle accident in Pennsylvania and you weren’t wearing a helmet, your decision could influence the outcome of your personal injury claim. However, it’s important to understand that not wearing a helmet doesn’t automatically bar you from seeking compensation. Whether or not helmet use affects your claim depends on the specific injuries you’ve sustained and whether those injuries could have been prevented by wearing a helmet.

For example, if your injuries are primarily related to your head, an insurance company or opposing party could argue that not wearing a helmet contributed to the severity of your injuries. This could reduce the compensation you’re entitled to under Pennsylvania's comparative negligence rules.

Pennsylvania's Comparative Negligence Rule

How Comparative Negligence Works

Pennsylvania uses a modified comparative negligence system. This means that if you are found to be partially at fault for your injuries, your compensation will be reduced by the percentage of fault attributed to you. If you are determined to be more than 50% at fault, recovering damages is prohibited.

In regard to motorcycle accidents, if you weren’t wearing a helmet and suffered head or facial injuries, the opposing party might argue that you are partially responsible for your injuries. If the court or insurance adjuster agrees, your compensation could be reduced accordingly. For instance, if you are awarded $100,000 in damages but are found to be 20% at fault because you weren’t wearing a helmet, your compensation would be reduced by 20%, leaving you with $80,000.

Helmet Use and Injury Type

It’s important to note that helmet use will primarily affect your claim if your injuries are related to your head. If your injuries involve other parts of your body—such as broken bones, road rash, or spinal injuries—helmet use may not be a significant factor. However, if you sustained a traumatic brain injury (TBI) or severe head trauma, not wearing a helmet could lead to a reduction in your compensation based on comparative negligence.

In Pennsylvania, even if you are not legally required to wear a helmet, choosing not to do so can still impact your accident claim if it can be shown that wearing a helmet would have minimized your injuries.

Filing a Motorcycle Accident Claim in Pennsylvania

Collecting Evidence

After a motorcycle accident, it’s important to collect as much evidence as possible to support your claim. This includes:

• Police reports: These reports contain important details about the accident, including whether you or the other driver violated any traffic laws.
• Medical records: Your medical records will document the extent of your injuries and provide evidence of the treatment required. These records are especially important if you are seeking compensation for medical bills or long-term care.
• Witness statements: If other individuals are witnesses to the accident, getting their statements can be valuable in proving fault.
• Photos and videos: Photos or videos of the accident scene, the vehicles involved, and your injuries can strengthen your case.

Proving Fault

In Pennsylvania motorcycle accident claims, proving fault is important in recovering compensation. If the other driver was negligent—such as running a red light or failing to yield—you can seek damages for your injuries, medical expenses, lost wages, and pain and suffering.

While helmet use may play a role in determining how much compensation you receive for head-related injuries, it doesn’t eliminate your right to file a claim. Your attorney will work to demonstrate that the other driver’s negligence was the primary cause of the accident, which is key to maximizing your compensation or settlement.

How an Attorney Can Help With Your Claim

Motorcycle accidents can lead to complex legal situations, especially when helmet use becomes a factor in the case. A skilled personal injury attorney can help gather the necessary evidence to prove fault, negotiate with insurance companies, and minimize the impact of comparative negligence on your compensation.

Even if you weren’t wearing a helmet, an attorney can argue that your injuries would have occurred regardless of helmet use, especially if your injuries are unrelated to your head or brain. Having experienced legal representation ensures that your rights are protected, and you receive the compensation you deserve.

Call Brandon J. Broderick For Legal Help

Navigating Pennsylvania motorcycle accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.