After a long workweek, hitting the open road on your motorcycle might seem like the perfect escape. But a few minutes of wind in your hair, riding helmet-free, may not be worth the consequences of an accident. This is especially true if your livelihood is heavily reliant on your physical health and ability to work.
The law vs. the risk
By law, only operators and passengers under 18, and any rider with a learner’s permit, are required to wear a helmet. Adults with a valid motorcycle license are not legally required to wear a helmet.
But just because riding helmet-free is not illegal in some cases, does not mean it is without risk. While you may not get a ticket, the real consequences often show up after an accident, when insurance companies and opposing lawyers start digging for ways to reduce what you are owed.
Beyond the legal aspects, it’s important to remember that helmets significantly reduce the risk of life-altering head injuries. Recent data from organizations like the National Highway Traffic Safety Administration (NHTSA) estimates that helmets can lower the risk of head injury by as much as 69%. This reduction helps riders avoid devastating long-term effects on their health and ability to earn a living.
How the “helmet defense” can harm your injury claim
Even when another driver causes a motorcycle crash, their insurance company might use a strategy often called the ‘helmet defense. This tactic does not blame you for the accident, but it claims your decision to ride without a helmet worsened your injuries.
Connecticut uses a modified comparative negligence rule. This means you can get compensation only if you are 50% or less at fault. If the insurance company convinces a jury that not wearing a helmet made your injuries much worse, the jury could reduce or even deny your compensation.
Why you might still have a case after a motorcycle crash
Not wearing a helmet does not automatically disqualify you from seeking damages. If another driver caused your crash through reckless or negligent behavior, you can still hold them accountable.
Acting fast is key. The sooner you speak to an attorney, the better chance you have of preserving evidence, tracking down witnesses and building a solid case from day one. If a motorcycle crash injured you, talk to a lawyer who understands both your rights and your livelihood.