If you were injured in a motorcycle crash and you weren’t wearing a DOT-approved helmet, you could have a harder time filing a claim for compensation. We have all the details below, plus information on how you can get in touch with an experienced Salem motorcycle accident attorney after a collision.
Understanding Massachusetts Helmet Laws
Massachusetts takes motorcycle safety seriously. All riders and passengers have been required to wear DOT-approved helmets since the late 1960s in an effort to minimize the catastrophic that motorcycle accidents can have. As a result, the state has fewer fatal collisions.
To be considered compliant, helmets must meet specific standards that regulate what areas of the head are protected, how the helmet fastens, how much impact the helmet can absorb, and other features that reduce the risk of injury and death in a crash. Failure to wear an appropriate helmet comes with a fine of $35 and increased insurance rates for up to 7 years.
Why Is Wearing a Helmet So Important?
Motorcycle riders and passengers are incredibly exposed on the road and don’t have the same physical barrier around them as a car or truck driver does. This means that wearing protective gear is the only way to shield yourself from injury in a crash.
Statistics have shown that compliant helmets in particular reduce the risk of death in a motorcycle accident by 37% for riders and 41% for passengers, according to the Center for Disease Control and Protection (CDC). In other words, you are almost half as likely to die in a motorcycle crash if you’re wearing appropriate head protection.
Other helpful items that can reduce injury in an accident include:
- Thick pants, jeans, or riding chaps
- A denim or leather riding jacket
- Tall boots with reinforced toes
- Leather gloves
- Eye protection
- Hearing protection
When selecting riding gear, look for materials that can withstand a lot of wear and choose items that keep your body covered as much as possible.
How Not Wearing a Motorcycle Helmet Can Affect Your Accident Case
While not wearing a helmet won’t make you liable for a motorcycle collision or the injuries of someone else, it can still have a negative impact on your accident lawsuit if you file one. This is because if you neglected to wear appropriate head protection, especially if you had easy access to a compliant helmet, you could be considered partially at fault for your own injuries.
Massachusetts follows comparative negligence laws, which require courts to assign a percentage of fault to each party involved in the accident. Then, the amount of damages that are awarded gets divided between the responsible entities according to how much fault they bear. This helps prevent defendants from being saddled with all of a plaintiff’s expenses if they also made errors that caused or worsened their injuries.
Example
A motorcycle rider gets into an accident with a driver who made an improper left turn. The court finds the driver 100% at fault for the collision and awards the rider $50,000 for their injuries.
Example
A motorcycle rider and their passenger hit a tree when going around a tight corner on a highway at night. The court finds that the rider was speeding and was at fault for the accident. However, the court also finds that the passenger wasn’t wearing a helmet.
The judge determines the rider is 90% at fault for the accident and assigns 10% to the passenger for violating the state helmet law. The court finds that the passenger’s damages are $100,000. In this case, the passenger’s award would be reduced by 10% and the rider would pay $90,000.
An exception to this might be if a helmet manufacturer engaged in false advertising and sold a non-compliant motorcycle helmet under the guise of being federally approved. In this case, the rider or passenger would not be considered negligent since they could not have known they were unprotected.
Where to Get Help Navigating Your Motorcycle Crash Claim
After a motorcycle accident changes your life forever, you need experienced legal support to pursue the compensation you deserve. At Mazow | McCullough, PC, we have an excellent track record of success in representing collision victims and families like yours and can give your case a competitive edge. Call today to learn more at (855) 693-9084 or (978) 744-8000. Or, fill out our online contact form to request your free initial consultation.
