If you’ve been involved in a motorcycle accident that was caused by a dangerous driver, you may already know that you are entitled to compensation. You may be worried that you will not receive as much compensation as you would like because you did not wear a helmet, and that’s a realistic concern.

It’s true that the driver can draw an issue with the fact that you were negligent in not wearing a helmet, since the state requires you to. The other driver may argue that you should be held partially responsible for the accident and the injuries you suffered. He or she may argue that your injuries wouldn’t have been as bad if you had been wearing a helmet.

In states where wearing a helmet is required, not wearing one is sometimes viewed the same way as speeding or participating in reckless driving activities. In that case, it could affect your claim, as it could be seen as a proximate cause of your injuries. It might even bar you from recovering compensation for your injuries and losses.

There are situations where you could argue that wearing a helmet wouldn’t have helped at all. For example, if you broke your legs and had no head injuries, then the fact that you did not wear a helmet has zero impact on the injuries you suffered from the accident. These are some things to think about before you reach out to talk to your attorney, so you can have questions ready. Our website has more information about motorcycle accidents and what to expect in court.