I live in a state that has mandatory helmet laws. I was not wearing a helmet when blindsided by a motorist at a blind intersection. What is the impact on liability and damages for my failure to wear a helmet?

There are two separate issues here – one is a traffic violation (the helmet issue) and the other is a claim for injuries. Although helmet laws are intended to reduce injury, they also serve to reduce the liability and expenditure of insurance companies. So there will likely be an issue of comparative negligence if you were not wearing your helmet. In other words, the motorist was at fault, but by not protecting yourself against a potential injury, you are partially responsible for your injuries. This would be similar to an auto accident in which the person was not wearing a seatbelt.

On the other hand, if you were wearing the helmet, statistics on the effectiveness of helmets could be introduced as evidence that you did not contribute to your injuries through negligence or carelessness. Information from the National Highway Traffic Safety Administration (NHTSA) states that a motorcyclist wearing a helmet lowers the risk of fatal injury by 37%.

Nevertheless, even if you failed to wear a helmet, if you were hit and the motorist caused the accident, he is likely to be at fault, and you may still have a good claim. If your injuries were other than to the head or brain, the helmet is not relevant in assessing damages. After all, how would a helmet protect you against a broken leg? Opposing counsel may argue that the type of serious injuries you suffered could have been prevented by a helmet. The statistics on motorcycle helmet use and injury or death actually play in their favor. According to the NHTSA, motorcycle helmets saved 1,658 lives in 2006. In fact, the NHTSA says that if all motorcyclists had worn helmets, 752 more lives would have been saved.

(Click here for more information from NHTSA)

Sometimes the police respond to the scene of an accident and may issue a traffic ticket to a party perceived as having done something wrong. You should get a copy of any written police accident report or other investigation that was done. Some states may have laws that prevent anyone from filing a lawsuit if it stems from something they have done which violates a law. (For instance if someone broke into your home and got bitten by your dog, the injured thieves probably wouldn’t get too far in court). However, in practice, it’s the total circumstances that determine the outcome.