Will Not Wearing a Helmet Impact Your Motorcycle Accident Claim in Boston?
Riding a motorcycle provides a sense of freedom and adventure that few other forms of transportation can match. However, it also comes with significant risks, particularly in busy urban environments like Boston. One critical safety measure that riders can take is wearing a helmet. Not only can a helmet save your life or prevent serious injury, but it can also affect your legal standing if you’re involved in an accident.
Massachusetts helmet laws
In Massachusetts, wearing a helmet while riding a motorcycle is not just a safety recommendation—it’s the law. Under Massachusetts General Laws Chapter 90, Section 7, all motorcycle operators and passengers are required to wear helmets that meet the standards set by the Department of Public Safety. This law aims to reduce the severity of injuries sustained in motorcycle accidents and to protect public health.
Comparative negligence
Massachusetts follows a modified comparative negligence rule. This means that in an accident, each party’s level of fault is assessed, and the court will adjust the amount of compensation they can receive accordingly. If you are found to be more than 50% at fault for the accident, you cannot recover any damages. If you are 50% or less at fault, your compensation will be reduced by your percentage of fault.
Establishing fault
Not wearing a helmet can complicate the process of establishing fault in a Boston motorcycle accident claim. While the lack of a helmet might not directly cause an accident, it can significantly affect the extent of a person’s injuries. This distinction is important, because Massachusetts law requires that negligence directly cause the injuries for a claim to be successful.
In a scenario where a motorcyclist is not wearing a helmet and sustained injuries in an accident, the insurance company or the opposing party may argue that the injuries were exacerbated by the lack of a helmet. This argument can lead to a higher degree of fault being assigned to the motorcyclist. For example, if a motorcyclist sustains a head injury that could have been prevented or mitigated by wearing a helmet, a court may determine that the rider is partially responsible for their injuries.
Damages and compensation in Boston motorcycle accidents
Medical expenses are often the most significant component of a motorcycle accident claim. If you were not wearing a helmet and suffered head injuries, the opposing party might argue that these injuries could have been prevented with a helmet. Consequently, the court may reduce the compensation for medical expenses, attributing a portion of the responsibility to you.
Pain and suffering damages are more subjective and can be influenced by the severity of injuries. If your head injuries were exacerbated by not wearing a helmet, this might affect the amount of pain and suffering damages you can recover. The court may determine that some of your suffering was avoidable, which can affect your overall compensation.
If your injuries result in lost wages or affect your ability to earn a living in the future, these damages are also subject to the comparative negligence rule. Not wearing a helmet might lead to a reduction in these damages if it is determined that your injuries were partially self-inflicted due to non-compliance with helmet laws.
Proving negligence
To successfully claim compensation, you must prove that the other party was negligent and that their negligence caused the accident. If you were not wearing a helmet, your legal team will need to focus on demonstrating that the other party’s actions were the primary cause of the accident and that your lack of a helmet did not contribute significantly to the occurrence or severity of the accident.
In cases where not wearing a helmet is a factor, expert testimony is vital. Medical experts can provide evidence on how a helmet would have influenced the extent of your injuries. Accident reconstruction experts can also play a role in demonstrating the mechanics of the accident and the impact of not wearing a helmet.
Our attorneys may also argue that while not wearing a helmet might have influenced the severity of your injuries, it does not absolve the other party of their responsibility. We present evidence showing that the other party’s negligence was the primary cause of the accident and that your injuries would have been significant regardless of helmet use.
Remember, courts strive to balance fault and responsibility in accident claims. While helmet laws are in place to protect individuals, the courts also recognize that each party involved in an accident must bear their share of responsibility. This balancing act ensures that while helmet use is encouraged, the primary negligent party is still held accountable for their actions.
Finding a legal advocate for your motorcycle claim
If you’ve been involved in a motorcycle accident in Boston and were not wearing a helmet, you don’t need to navigate the legal complexities alone. Contact the experienced Boston motorcycle accident attorneys at Breakstone, White & Gluck today for a free consultation. We understand the intricacies of Massachusetts’ helmet laws and comparative negligence rules and are dedicated to fighting for your rights and ensuring you receive the compensation you deserve. Let us advocate for you and help you overcome the challenges of your claim. Call or contact us today for a free consultation. We serve all of Massachusetts from our Boston offices.