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Riding a motorcycle offers freedom, but it also comes with serious risks. When an accident happens, riders often face devastating injuries, complicated legal claims, and the challenge of proving fault. One of the most misunderstood aspects of motorcycle accident cases is the role helmet laws play in personal injury claims.
Whether you're traveling the scenic backroads of New Hampshire or navigating the busy streets of Massachusetts, understanding how helmet use impacts your case can make a significant difference in the outcome of a claim. With over 50 years of experience helping motorcycle accident victims in Massachusetts and New Hampshire, the attorneys at Kiley Law Group are experts in these laws.
Helmet laws vary by state, and these differences can shape how motorcycle accident claims are evaluated.
Massachusetts enforces a universal helmet law. All riders and passengers are required to wear helmets that meet federal safety standards. Not wearing a helmet in Massachusetts can lead to legal consequences and may complicate any personal injury claim following a crash.
New Hampshire, on the other hand, does not require helmets for motorcyclists aged 18 and older. While helmet use is encouraged for safety, riders over 18 can legally choose to ride without one.
These differing regulations highlight why it's so important for riders to understand how state laws may impact their ability to recover compensation after an accident.
If you're unsure how the laws in your state could affect a potential injury claim, speaking with an attorney familiar with motorcycle accident cases in New England can help clarify your options.
In both Massachusetts and New Hampshire, personal injury claims are subject to comparative negligence rules. These laws reduce the amount of compensation you can recover if you're found partially at fault for your injuries.
If a rider wasn't wearing a helmet and suffers a head or neck injury in a crash, an insurance company may argue that the injuries could have been less severe—or even prevented—if a helmet had been worn. This is particularly significant in Massachusetts, where helmet use is not only a safety measure but a legal requirement.
In New Hampshire, even though helmet use isn’t mandated for adults, insurers may still claim that not wearing one contributed to the severity of the injuries. These arguments can potentially reduce the compensation available to the injured rider.
Navigating these types of claims requires a clear legal strategy. An experienced attorney can help demonstrate that the primary cause of injury was the other party’s negligence—not the absence of a helmet.
It’s a common misconception that not wearing a helmet automatically bars you from filing a claim. In reality, the core issue is whether another party’s negligence caused the crash.
That said, failing to wear a helmet can create additional challenges in your case. Insurance companies may use it as leverage to reduce their payout, particularly when head injuries are involved. They may argue that your decision not to wear a helmet contributed to the severity of your injuries, especially in states where helmet use is required by law.
This makes it even more critical to work with a legal team that understands how to push back against these tactics and present a strong case on your behalf.
Because motorcyclists lack the protective shell of a car, injuries in a crash can be catastrophic. Some of the most common include:
When injuries involve the head or spine, helmet use can become a central point of dispute during settlement negotiations or trial. In these cases, it’s essential to have medical experts and legal advocates who can accurately assess and explain the relationship between the helmet—or lack thereof—and the injuries sustained.
Helmet laws and comparative negligence are just two of many factors that influence the outcome of a motorcycle accident claim. Proving liability, establishing damages, and negotiating with insurance companies are complex tasks that demand legal experience.
A skilled motorcycle accident attorney can:
Motorcycle accident cases often require a more aggressive and informed approach. Attorneys who specialize in these claims understand the legal nuances, the tactics used by insurers, and what it takes to build a case that gets results. If you're recovering from injuries and dealing with the stress of mounting bills, having the right legal support can make the process far more manageable.
Another important factor to consider is how helmet use—or the lack thereof—might influence a jury. Even in states where helmet use isn’t required, jurors may view a rider without a helmet as reckless or irresponsible. These perceptions, whether fair or not, can affect the outcome of a case.
Effective legal counsel can help counteract this by focusing the case on the facts: how the accident happened, who was at fault, and the extent of the injuries suffered. A thoughtful, evidence-based approach is often key to ensuring a jury understands the full picture.
From both a safety and legal perspective, wearing a helmet is a smart decision. Helmets have been proven to reduce the severity of injuries and save lives. They can also strengthen a personal injury claim by preventing insurers from using helmet non-use as a defense.
Whether you’re riding in a state that requires helmets or not, taking this basic safety step can help protect your health—and your legal rights—if an accident occurs.
Helmet laws are just one of many variables that come into play after a motorcycle crash. Whether you were wearing a helmet or not, if someone else’s negligence caused your injuries, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and more.
Understanding your rights and the role that state laws play is essential to securing a fair outcome. If you or a loved one has been injured in a motorcycle accident, it’s worth having your case reviewed by an attorney who knows how to navigate these issues.
At Kiley Law Group, we’ve helped countless injured riders across Massachusetts and New Hampshire recover the compensation they deserve. Our team is here to guide you through every step of the legal process and advocate for your best interests.
To learn more about how helmet laws could affect your motorcycle accident claim—or to discuss your specific situation—reach out to our team for a free consultation.
