Operating a motorcycle comes with inherent risks that riders accept when they hit the road. However, experiencing a motorcycle accident can be a traumatic event, even for the most cautious riders. In such situations, people ponder legal rights and compensation eligibility matters.
One common question motorcyclists have is whether not wearing a helmet during an accident impacts their ability to seek damages. In Massachusetts, the answer is not a simple yes or no. Several factors come into play, and understanding the state’s laws and regulations is crucial.
Helmet Laws in Massachusetts
In the Commonwealth of Massachusetts, all motorcycle riders and passengers must wear helmets that comply with the minimum safety standards set by the U.S. Department of Transportation (DOT). This law applies to operators and passengers of motorcycles, motorbikes, and motorized bicycles.
Not wearing a DOT-approved helmet while operating a motorcycle or as a passenger is considered a civil motor vehicle infraction. A first offense can result in a fine of up to $35, and subsequent violations can result in potentially higher fines.
The Impact of Not Wearing a Helmet on Your Legal Case
In Massachusetts, not wearing a helmet during a motorcycle accident does not automatically preclude you from pursuing a legal claim or receiving compensation. However, it can significantly impact the strength of your case and the amount of damages you may be eligible to receive.
The legal principle of comparative negligence applies when determining liability and compensation in personal injury cases involving motorcycle accidents. Under this principle, the court assesses the degree of fault or negligence of each party involved in the accident.
If you were not wearing a helmet at the time of the accident, the opposing party (typically the defendant’s insurance company) may argue that your decision contributed to the severity of your injuries. They may assert that had you been wearing a helmet, your injuries would have been less severe or potentially prevented altogether.
In such cases, the court may find you partially at fault for your injuries and reduce the amount of compensation you can receive proportionally. This process is known as “apportioning damages” or “assigning comparative negligence.”
For example, if the court determines that your failure to wear a helmet accounted for 30% of the fault in the accident, your total compensation award would be reduced by that same percentage (30%). So, if the initial award was $100,000, you would only receive $70,000 after the deduction for comparative negligence.
It is important to note that the court’s decision on apportioning damages depends on the specific circumstances of your case, including the nature and severity of your injuries, the actions of other parties involved, and the overall evidence presented.
Protecting Your Rights and Maximizing Your Compensation
While not wearing a helmet during a motorcycle accident can impact your legal case, it does not necessarily mean you are ineligible for compensation. An experienced motorcycle accident attorney can help you deal with the complex nature of Massachusetts’ laws and ensure your rights are protected.
Here are some steps you can take to maximize your chances of receiving fair compensation:
- Seek immediate medical attention: Even if you feel fine after the accident, it’s crucial to get a thorough medical evaluation. Some injuries, particularly head and brain injuries, may not present immediate symptoms. Proper medical documentation can strengthen your case and support the extent of your injuries.
- Consult with an experienced attorney: A skilled motorcycle accident lawyer can assess the specifics of your case, including the impact of not wearing a helmet, and develop an effective legal strategy. They can negotiate with insurance companies on your behalf and represent you in court if necessary.
- Understand comparative negligence: Your attorney can explain the concept of comparative negligence and how it may affect your case. They can also work to minimize the impact of any potential negligence on your part and ensure you receive fair compensation.
- Consider mitigating factors: While not wearing a helmet can be seen as contributory negligence, there may be mitigating factors that can strengthen your case. For example, if the other party was under the influence, speeding, or engaged in reckless behavior, these factors could reduce your assigned negligence percentage.
Seek Legal Advice
We are dedicated to protecting the rights of injured riders and ensuring they receive fair treatment throughout the legal process. Contact us today for a consultation, and let us help you get the best out of your case in Massachusetts.
