The Law Offices of John M. McCabe, P.A.
Free Initial Consultations
Toll Free: 877-320-1851 | Phone: 919-899-9852
Call Us Now

Understanding the effect of helmet laws in personal injury claims


Many states in the U.S., including North Carolina, have strict laws against motorcyclists riding without a helmet. Authorities have tried to emphasize how important it is for motorcyclists to wear helmets because the helmet serves as effective protection in the event of a motorcycle accident. A helmet helps to reduce head injuries, leading to fewer fatalities from accidents.

Despite the best efforts of state agencies to convince riders to wear helmets, there are people who still do not obey the law. Such a response has forced many states to implement mandatory helmet laws. If the motorcyclist violates those laws, there will be legal consequences. Riding without a helmet and getting involved in a motorcycle accident may be considered negligence, and the negligent rider may have forfeited any right to compensation based on that behavior. Helmets are also mandatory for motorcycle passengers in many states.

However, states that have implemented mandatory helmet laws face certain issues when the offender is being punished. The laws only impose a criminal penalty. However, the laws fail to clearly define the details of how the law was violated. In the event of an accident involving a rider without a helmet, it may be difficult to determine exactly how negligent that motorcyclist was. A case of negligence may only be proven if there has been an injury or property damage as a result of the motorcyclist not wearing a helmet while riding.

Sometimes, not wearing a helmet may be treated in the same manner as other instances of negligence, such as speeding or failing to use turn signals on the road. If failure to wear a helmet leads to injuries to the rider, it may be considered a similar cause of injury that may limit the recovery process.

Source: FindLaw.com, "Helmet Laws and Motorcycle Accident Cases ," Accessed on July 24, 2015

No Comments

Leave a comment
Comment Information

Here's what other attorneys are saying...

"John is a great lawyer who works super hard for his clients. The results he obtains for his clients are phenomenal." - Brian Davis

Read More
Book

John McCabe wrote "The Investigation and Analysis of Personal Injury Cases" in the best-selling book Personal Injury Practice in North Carolina. This is the book that other lawyers follow in handling personal injury cases.

  • Rated by | Super Lawyers | John M. McCabe | SuperLawyers.com
  • Avvo Rating 10.0 superb | Top Attorney Personal Injury
  • National Association of distinguished counsel | Nation's Top one percent 2017 | NADC
  • The Verdict Club | VC | Premier Trial Lawyers
  • Best Law Firms in North Carolina 2018
  • Nations's Premier | Top Ten Attorney Personal Injury | NAOPIA
  • 2014 | Litigator Awards | Ranked Top 1% of Lawyers

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

Office Location

The Law Offices of John M. McCabe, P.A.
1130 Kildaire Farm Road
Suite 230
Cary, NC 27511

Toll Free: 877-320-1851
Phone: 919-899-9852
Fax: 919-833-3371
Cary Law Office Map