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How helmet use affects motorcycle injury claims in Pennsylvania

On Behalf of | Oct 1, 2024 | Personal Injury

Pennsylvania’s helmet laws impact motorcycle riders and their legal outcomes after a crash. Understanding how these laws affect personal injury claims is important for both motorcyclists and other drivers involved in accidents.

Helmet law in Pennsylvania

Pennsylvania’s helmet law requires motorcycle riders under the age of 21 to wear a helmet. Riders over 21 can ride without a helmet if they have either two years of riding experience or have completed an approved motorcycle safety course. While the law allows some riders to go helmet-free, doing so can significantly affect personal injury claims after an accident.

Helmet use and liability in personal injury claims

If a motorcyclist chooses to ride without a helmet, it can influence the outcome of a personal injury claim. Pennsylvania follows a comparative negligence system, which means that a court can reduce a rider’s compensation if their actions contribute to the severity of their injuries. 

Not wearing a helmet might be viewed as a form of negligence, especially if head injuries are involved. For example, if a rider without a helmet suffers a traumatic brain injury in an accident, the defense may argue that the rider’s choice not to wear a helmet worsened their injuries.

Exceptions and legal considerations

Helmet use may not always affect a claim. If a rider without a helmet sustains injuries unrelated to the head, helmet use becomes irrelevant in determining compensation. Additionally, if the other driver’s negligence caused the crash, they still bear liability for the accident, regardless of whether the motorcyclist wore a helmet.

Protecting your rights

Understanding how helmet laws affect personal injury claims is essential for Pennsylvania motorcyclists. It can help riders navigate the complexities of negligence and compensation, especially if their helmet use is questioned in a claim.

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