Motorcycle Accident Lawyer Green Tree

Motorcycle accidents can cause serious injuries and are often complicated legal matters. If you’ve been injured in a motorcycle crash in Green Tree, Porta-Clark & Ward are here to help. Our experienced motorcycle accident lawyers will fight for your rights and ensure you receive fair compensation for your medical expenses, lost wages, and pain and suffering. Contact us today at (412) 921-7350 for a free consultation.

The Impact of Pennsylvania’s Helmet Laws on Motorcycle Accident Claims

Motorcycle accidents can result in serious injuries or even fatalities. For motorcyclists in Pennsylvania, whether or not they were wearing a helmet at the time of an accident can significantly affect the outcome of their injury claim. Pennsylvania’s helmet laws, which are less restrictive than those in many other states, have important implications for both the injured rider and the party at fault. Understanding how these laws work and how they affect motorcycle accident claims is essential for anyone involved in such an incident.

Pennsylvania’s Helmet Laws

In Pennsylvania, the law requires motorcycle riders to wear a helmet only under certain conditions. Unlike some states that enforce a universal helmet law for all motorcyclists, Pennsylvania’s law applies only to riders under the age of 21. Riders 21 and older are not required to wear a helmet if they meet specific conditions.

To legally ride without a helmet in Pennsylvania, riders must:

Be at least 21 years old
Have completed a motorcycle safety course approved by the Pennsylvania Department of Transportation (PennDOT), or
Have medical insurance coverage that includes at least $100,000 in medical benefits for injuries sustained while riding a motorcycle.

This partial helmet law allows riders who meet the above conditions to make their own choice regarding helmet use. However, it’s important to understand that even if a rider legally chooses not to wear a helmet, the decision could still influence the outcome of a motorcycle accident claim.

Helmet Use and Its Impact on Claims

When an accident occurs, one of the key factors that insurance companies, courts, and attorneys will evaluate is the extent of the injuries sustained by the motorcyclist. Helmets are designed to reduce the risk of head injuries in crashes, so whether or not a rider wears one can impact the severity of their injuries. This can, in turn, affect a claim for compensation in several ways.

The Role of Contributory Negligence

In Pennsylvania, the concept of comparative negligence applies to personal injury claims. This means that if a motorcyclist is partially responsible for their injuries, their compensation can be reduced in proportion to their degree of fault. In cases where a rider chooses not to wear a helmet, the defense may argue that the rider’s decision to ride without protection contributed to the extent of their injuries, especially if they suffer a head injury.

For example, if a motorcyclist is involved in an accident and suffers a traumatic brain injury (TBI) and was not wearing a helmet, the insurance company or opposing legal counsel may claim that the rider’s decision to forego a helmet was a form of negligence. While this does not automatically eliminate the rider’s right to compensation, it could lead to a reduction in the damages awarded.

Insurance Company Tactics

Insurance companies may use the fact that a rider was not wearing a helmet to try to minimize their liability. They could argue that the injuries would not have been as severe if the motorcyclist had been wearing proper protective gear. This is especially true in cases where the accident resulted in a serious head injury or facial trauma. Insurance adjusters may use the rider’s failure to wear a helmet as an attempt to devalue the claim, potentially leading to a lower settlement.

However, it’s important to note that Pennsylvania’s law only applies to helmet use—there is no blanket rule that says failing to wear a helmet will automatically result in reduced compensation. The specific facts of the accident, the degree of negligence, and the evidence of the injuries will still be evaluated on an individual basis.

Head Injuries and Severity of the Claim

One of the most significant factors in a motorcycle accident claim is the severity of the injuries sustained. In many cases, a motorcyclist’s injuries may include road rash, broken bones, or soft tissue injuries. However, head injuries are some of the most serious consequences of motorcycle accidents. Wearing a helmet can significantly reduce the risk of a traumatic brain injury or skull fracture, both of which can lead to long-term or permanent disabilities.

If a rider is not wearing a helmet and suffers a head injury in an accident, it may be more challenging to argue that the injury was caused solely by the accident. Opposing legal teams could argue that the lack of a helmet contributed directly to the severity of the injury. In some cases, this could lead to a lower settlement offer or a reduced verdict in court.

That said, the impact of not wearing a helmet on a claim largely depends on how the case is argued. An experienced motorcycle accident lawyer can help show that other factors, such as the negligence of the driver, the road conditions, or other circumstances, were the primary causes of the rider’s injury.

How Helmet Laws Affect Different Types of Claims

The effect of helmet laws on motorcycle accident claims can vary depending on the type of claim being pursued and the circumstances surrounding the accident.

Claim Against a Negligent Driver

If the accident was caused by a negligent driver—such as a driver running a red light, failing to yield the right of way, or driving under the influence—the motorcyclist may still be able to recover damages even if they were not wearing a helmet. In these cases, the motorcyclist can argue that the driver’s negligence was the primary cause of the accident and that the lack of a helmet did not contribute to the crash.

However, the failure to wear a helmet may still be brought up as a factor in determining the extent of the injuries. If the motorcyclist suffers a head injury, the defense may argue that wearing a helmet could have prevented or minimized the injury. This argument is particularly relevant in claims for severe injuries like traumatic brain injuries, which are costly to treat and can have a long-term impact on the victim’s life.

Claim Against the Motorcyclist’s Own Insurance

If the motorcyclist is filing a claim with their own insurance company, whether under uninsured/underinsured motorist coverage or personal injury protection (PIP), the lack of a helmet may be less impactful. This is because the motorcyclist’s own insurance company cannot argue that they are responsible for reducing their payout based on the rider’s actions.

However, the insurance company may still investigate the extent of the injuries and attempt to reduce the settlement offer based on the argument that the motorcyclist’s injuries would have been less severe had they been wearing a helmet. This tactic is more common in cases where the injury involves a head injury.

Impact on Claims for Pain and Suffering

When filing a claim for pain and suffering, a helmet’s role in preventing injury will often come into play. The defense may argue that the motorcyclist’s pain and suffering would have been less significant if they had worn a helmet, especially in cases of head trauma. However, the value of a pain and suffering claim is determined by many factors, including the severity of the injury, medical records, and the long-term effects on the victim’s life. Even if a helmet was not worn, the motorcyclist may still be entitled to compensation for their pain, suffering, and loss of quality of life.

A Motorcycle Accident Attorney Who Understands Your Needs

Motorcyclists often face serious injuries after an accident, but you don’t have to take on the insurance companies alone. If you’ve been injured in a motorcycle accident, even if you weren’t wearing a helmet, it’s essential to speak with a knowledgeable personal injury attorney in Green Tree. Porta-Clark & Ward are here to fight for your rights and ensure you get the compensation you deserve. Call (412) 921-7350 today for a free consultation. We can help you navigate the legal process, determine how helmet laws might affect your case, and fight for the compensation you deserve.