I was in a motorcycle accident but was not wearing a helmet. Can I still recover damages?
Motorcycle accidents are dangerous. Bikers lack the same protections that vehicles offer. Therefore, helmets are highly recommended as protective gear. However, many states do not mandate motorcyclists to wear helmets.
In Pennsylvania, a person riding motorcycle without a helmet may be in violation of the traffic laws. Such violation may affect recovery for damages if the rider is in a motorcycle accident.
Pennsylvania generally requires motorcyclists to wear a helmet when they ride. However, under state law, wearing a helmet may be optional if the driver:
- Is operating a three-wheeled motorcycle with an enclosed cab;
- Is 21 years old or older and has had a motorcycle license for at least two full calendar years; or
- Is 21 years old or older and completed an approved motorcycle rider safety course.
If a driver is legally required to wear a helmet but is not wearing one when they are involved in an accident, they may be partially at-fault for their injuries. A biker may be considered negligent for not wearing a helmet and may be found to have contributed to their injuries.
To learn more about helmet laws in Pennsylvania and what you should do in the aftermath of a motorcycle accident, speak to an attorney.