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Use your head: Understand motorcycle helmet laws and legal claims

Out on the open road, you may feel a sense of freedom that can only come from riding a motorcycle. Whether you ride with friends or on your own, you undoubtedly find the activity one of immense enjoyment while also allowing you to get to your desired destinations. Of course, you also want to get to your destinations safely, and unfortunately, motorcyclists often face a higher risk of injury when involved in an accident.

Helmets can sometimes play a role in the severity of injuries suffered in a motorcycle accident. However, Pennsylvania state law does not require all motorcyclists to wear helmets. If you have surpassed the age of 21 and have riding experience of at least two years or completed an approved motorcycle safety course, you do not have to wear protective headgear. Of course, if you suffer injuries in an accident, you may wonder how a lack of helmet could impact your potential compensation.

Question of negligence

In most injury-causing accidents, if another driver caused the incident to occur, you have the right to file a personal injury claim against that individual. If your case proves successful, you will likely obtain compensation for your injuries and other damages stemming from the crash. However, if you did not have on a helmet at the time of the accident, the other driver may attempt to use that against you.

The point the other driver could make relates to whether the lack of helmet indicates negligence on your part. Though you did not necessarily break the law by not wearing a helmet, the lack of helmet might have contributed to the extent of your injuries. If this point comes up, state law could play a significant role in determining whether the detail could affect your potential compensation.

Irrelevancy of the point

Of course, the outcomes of the accident could make the point of wearing a helmet irrelevant. If the injuries you suffered were to your extremities or other areas of the body that a helmet would not have protected anyway, your lack of headgear will likely not have a substantial impact on your recovery of damages. This aspect will depend specifically on the details of your particular accident.

Legal assistance

When pursuing a legal claim after a motorcycle accident, understanding helmet laws could prove beneficial. Therefore, you may wish to consult with an experienced attorney who could provide you with information on relevant laws and how those laws might apply to your case.

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Law Offices of Eugene Gitman
4821 East Street Road
Feasterville-Trevose, PA 19053

Phone: 267-281-3170
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