Understanding the Impact of Helmet Use on Motorcycle Accident Claims in Maryland

Motorcycle accidents are a common occurrence in Maryland. These accidents can cause severe injuries and even death. This is especially true in cases where the victim did not have a helmet. While Maryland law requires motorcyclists to wear helmets, some don’t abide by the law, ending up with severe or fatal injuries. If you have been in a motorcycle accident in Maryland, it is crucial that you understand how the state’s helmet laws can affect your legal case, especially if you did not have a helmet on at the time of the accident.

Understanding Maryland’s Helmet Law

Unlike in other states, where whether or not you must wear a helmet depends on factors such as your age or riding experience, Maryland has a universal motorcycle helmet law. In Maryland, all motorcycle riders and passengers must wear a helmet that meets the standards set forth by the Department of Transportation. It is also a requirement to wear eye protection, such as a face shield, unless the motorcycle is fitted with a windscreen. Failing to abide by this law constitutes a traffic violation. Additionally, helmet use can affect the outcome of your personal injury claim.

Does Not Wearing a Helmet Mean You Don’t Have a Case or You’re at Fault?

If you’ve been in a motorcycle accident in Maryland and weren’t wearing a helmet, it does not automatically mean that you do not have a case. It does not mean that you are to blame for your accident. Liability for motorcycle accident cases in Maryland is based on who caused the accident, not what protective gear you were wearing or not wearing at the time of the accident.

For instance, suppose you were involved in a motorcycle accident because the other driver was distracted. In such a case, the other driver is still liable for your accident even if you were not wearing a helmet. Your failure to wear a helmet does not excuse the other driver’s negligent behavior.

However, there is a catch. Helmet use can affect how much compensation you recover, especially if your injuries involve your head, brain, or face.

The Contributory Negligence Rule in Maryland

Maryland is among the few states that still apply the contributory negligence rule in personal injury cases. Under this law, if you are found to be even 1% at fault for your accident or injuries, you cannot pursue compensation. So, if you were not wearing a helmet and sustained an injury, the defense side might claim that you contributed to the severity of your injury. In such a case, you may be barred from recovering compensation.

Does Helmet Use Always Hurt a Case

A crucial thing to note is that failure to wear a helmet does not always hurt a case. Whether or not helmet use affects your claim depends on the type of injuries you suffered. Generally, failure to wear a helmet impacts claims involving injuries to the head, brain, or face, such as traumatic brain injuries. If you sustained injuries to other body parts, the defense cannot argue that helmet use could have prevented them.

Contact a Towson Motorcycle Accident Lawyer

If you have been in a Maryland motorcycle accident, you have legal rights even if you were not wearing a helmet. An experienced lawyer can help you understand the law and pursue the compensation you deserve. If you’re ready to start working on your case, contact our skilled Towson motorcycle accident attorneys at Hardball Law.

Source:

mva.maryland.gov/safety/Pages/motorcycle/protective-gear.aspx#:~:text=*In%20Maryland%2C%20individuals%20may%20not%20operate%20or%20ride%20on%20a%20motorcycle%20unless%20they%20wear%20a%20helmet%20that%20is%20certified%20to%20meet%20the%20standards%20established%20by%20the%20Department%20of%20Transportation