How do helmet laws affect motorcycle accident lawsuits?

In Washington, motorcyclists generally must wear a helmet when riding. This is in the best interests of riders, as wearing a helmet can protect a person from suffering a head injury if the person is involved in a motorcycle accident. In fact, a motorcyclist who doesn’t wear a helmet is three times more apt to suffer a brain injury in a motorcycle crash than those who do wear a helmet. Simply put, helmets save lives.

However, does the failure to wear a helmet mean a motorcyclist cannot pursue a legal claim if they are hit by a car? In some states, the damages a motorcyclist may collect if they were not wearing a helmet when the crash occurred could be reduced or even barred altogether. This may be the case when the motorcyclist is deemed to be partially at-fault in the collision — that is, their negligence played a role in the crash.

It is important to note that there is a difference between negligence that contributes to the crash itself and negligence that simply makes a rider’s injuries worse. If the motorcyclist’s negligence did not contribute to the collision, the fact that their injuries may have been made worse due to not wearing a helmet will not always bar them from seeking damages.

In some states, not wearing a helmet is considered an act of negligence, so if it is a proximate cause of the damages the motorcyclist suffered the compensation the motorcyclist may seek could be reduced or barred. However, if the motorcyclist’s failure to wear a helmet did not contribute to the injuries he or she suffered in the crash, the proximate cause element may not be met, and recovery may still be a possibility in the right circumstances. Therefore, it is important that motorcyclists understand helmet laws in their state and how the laws may affect their ability to pursue a lawsuit in the event of a motorcycle accident.

Matthew D. Dubin

Matthew D. Dubin has represented injured people throughout Washington since 1995. He is the founding attorney of Dubin Law Group and focuses his practice on personal injury claims involving motor vehicle accidents, dangerous products, premises liability, catastrophic injuries, and wrongful death.

Education

• License Number: 25378
• University of Washington School of Law, Seattle, Washington – J.D.
• Yale University, New Haven, Connecticut – B.A.

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