Motorcycle accidents often result in devastating injuries that can leave victims grappling with physical, emotional, and financial hardships. For motorcyclists in Missouri, the question of helmet use in accidents can complicate potential compensation claims. If you were injured in a motorcycle accident while not wearing a helmet, you may wonder if you’re entitled to compensation—and the answer largely depends on the circumstances surrounding your case.
Helmet Laws in Missouri
Missouri’s helmet laws have undergone notable changes in recent years. Prior to 2020, all motorcycle riders and passengers were required to wear helmets. However, a law passed in August 2020 amended these requirements.
Now, riders aged 26 and older are not mandated to wear a helmet if they possess health insurance coverage that meets the state’s legal standards. All riders under the age of 26, as well as any passengers, must still wear helmets. It’s crucial to note that motorcycle helmets are a proven safety measure, significantly reducing the risk of head injuries and fatalities in an accident.
While the law permits some riders to forgo helmets, choosing not to wear one may still play a role in your compensation case.
Can You Still Seek Compensation Without a Helmet?
Yes, being injured in a motorcycle accident without a helmet does not prevent you from seeking compensation. However, the specific details of your case will determine how much compensation you may be entitled to.
Missouri follows a pure comparative fault system, which means that compensation can be reduced based on the degree to which a plaintiff (the injured party) is determined to have contributed to their own injuries. This system is particularly important in helmet-related cases, as the lack of a helmet may be cited when assessing your share of liability.
Key Factors in Determining Compensation
To better understand your rights and compensation potential, it’s important to consider the following factors:
1. The Role of Negligence
Missouri law requires all drivers to operate vehicles safely and responsibly. If another driver’s negligence caused the accident (for example, by running a red light or failing to yield), they may be held liable for your injuries, regardless of whether you were wearing a helmet.
2. The Type of Injuries Sustained
The lack of a helmet is most likely to play a role in your case if your injuries are concentrated around your head, neck, or face. Insurance companies and defense attorneys may argue that wearing a helmet could have mitigated the severity of your injuries, which could reduce your compensation.
Conversely, if your injuries are unrelated to helmet use—such as broken bones or spinal cord injuries—not wearing a helmet may have little to no impact on your claim.
3. Comparative Fault and Compensation Reduction
Under Missouri’s comparative fault system, your compensation may be reduced in proportion to your contribution to your injuries. For instance, if investigators determine that not wearing a helmet contributed 20% to the severity of your injuries, your compensation may be reduced by that percentage.
This evaluation often requires expert analysis, which is also why having experienced legal representation is essential to protecting your rights.
How an Experienced Attorney Can Help
Navigating a motorcycle accident claim can be complex, particularly when helmet use (or the lack thereof) becomes a factor. An attorney experienced in Missouri motorcycle accident cases can play a critical role in advocating for your thorough and fair compensation by taking the following steps:
- Determining Fault: Your attorney will investigate the details of the collision, including whether the other driver violated traffic laws or behaved negligently, to establish liability.
- Consulting Experts: Expert witnesses, such as accident reconstruction specialists or medical professionals, can provide critical testimony about the cause of your injuries and the role helmet use played.
- Challenging Liability Arguments: If the defense argues that not wearing a helmet contributed to your injuries, your attorney can counter these claims with evidence highlighting the other driver’s negligence and illustrating the full scope of your damages.
At Nichols Lang & Hamlin, we understand the nuances of Missouri’s accident laws and are committed to standing by motorcycle accident victims—even in challenging situations. Our compassionate and experienced legal team has helped countless clients recover compensation for their injuries, medical expenses, lost wages, and emotional distress.
What Types of Compensation Can You Recover?
If you were injured in a motorcycle accident caused by someone else’s negligence, you may be entitled to compensation for the following damages:
- Medical Expenses: Coverage for emergency care, hospital stays, surgeries, therapy, medications, and ongoing treatments.
- Lost Wages: Compensation for income lost due to your inability to work during recovery, as well as reduced earning capacity if your injuries result in long-term disability.
- Pain and Suffering: Damages for the physical pain and emotional distress caused by your injuries.
- Property Damage: Reimbursement for repairs or replacement of your motorcycle and any other damaged personal property.
Moving Forward With a Chesterfield Motorcycle Accident Attorney
Motorcycle accidents can leave victims facing uncertain futures. Whether you were wearing a helmet or not, you deserve to focus on your recovery while an experienced legal team fights for the compensation you deserve.
At Nichols Lang & Hamlin, we are here to guide you through the legal process with compassion and expertise. If you’ve been injured in a motorcycle accident, contact us today for a free consultation. We’ll help you understand your rights, assess legal options in your specific situation, and take the first step toward securing justice and financial relief.
Your recovery starts here. Call us at (314) 309-2301 or fill out our online contact form today.