What if I Wasn’t Wearing a Helmet During the Crash: Can I Still Recover Compensation?

Motorcycle helmet laws are extremely controversial. If a drunk driver rear-ended your bike in a Reading motorcycle accident, can he refuse to pay damages because you weren’t wearing a helmet? No. You can still recover financial compensation after a PA motorcycle collision even if you weren’t wearing a helmet. However, certain factors may reduce your overall settlement amount in such cases.

Contact an experienced Reading motorcycle injury lawyer at the Cycle Attorney immediately to schedule a free case evaluation after traumatic brain injuries.

Overview of Pennsylvania Motorcycle Helmet Laws

Pennsylvania law requires certain riders to wear approved headgear when operating motorcycles on PA roads. All riders under the age of 21 are required to wear motorcycle helmets in Reading without exception. If you’re over the age of 21, you are required to wear a helmet unless you have more than two years of riding experience or have taken an approved motorcycle safety course.

Adults over 21 with more than two years’ experience or approved safety training are not legally required to wear motorcycle helmets in Pennsylvania. As such, an insurance company cannot deny your accident claims just because you weren’t wearing a helmet.

Damages Available After Reading Motorcycle Accidents

Motorcyclists who don’t wear helmets have the same right to demand personal injury damages as drivers who do not wear seatbelts. In Pennsylvania, this compensation may include the following:

• Medical Expenses: Includes all past and future medical costs related to the accident injuries, including hospitalizations, surgeries, prescriptions, medical transportation, medical equipment, rehabilitation, and nursing care.
• Lost Income: Motorcycle accident injuries are often severe and might result in temporary or permanent workplace disabilities. Injured riders might demand the value of their anticipated lost wages and workplace benefits.
• Pain and Suffering: These damages compensate injured motorcyclists for the incalculable damages associated with their physical pain, emotional suffering, and lost enjoyment of life.
• Motorcycle Repair/Replacement Costs: Although failing to wear a helmet can impact the value of your medical and lost wage claims, it does not reduce the value of property damage settlements.

Auto insurance companies are looking for ways to minimize payouts, including using Pennsylvania’s motorcycle helmet law against you. An experienced Reading motorcycle accident lawyer can fight to maximize the value of your overall injury settlement even with insurance pushback.

Understanding Partial Fault Determinations in Pennsylvania

Pennsylvania law permits riders to recover personal injury damages even if they’re partially at fault for the crash. Not wearing a helmet, even when you’re legally required to do so, will only reduce your overall settlement if you’re demanding damages for a traumatic brain injury. Negligent drivers cannot use the helmet law to reduce an award for injuries unrelated to any alleged violation, such as herniated discs or leg fractures.

Dedicated Motorcycle Accident Lawyers in Reading

At the Cycle Attorney, we’ve dedicated our practice to fighting for riders’ rights in Pennsylvania. We know exactly how the Commonwealth’s motorcycle helmet laws can and cannot impact your case and fight to maximize available compensation for our clients. Schedule a free and confidential Reading motorcycle crash consultation with our dedicated legal advocates today by calling (888) 292-5352 (888-CYCLE-LAW) or connecting with us online.