Do I Have a Case If I Wasn’t Wearing a Helmet in the Accident?

The moments after a motorcycle accident are filled with uncertainty, and if you weren’t wearing a helmet at the time of the crash, you might be wondering whether you’ve forfeited your right to seek compensation. While helmet use—or the lack thereof—can certainly affect certain aspects of your case, it does not automatically disqualify you from pursuing a claim against a negligent driver. A St. George motorcycle accident lawyer can explain your rights and aggressively pursue the compensation you deserve. 

Your Legal Rights Despite Not Wearing a Helmet

In Utah, the law requires everyone under 21 to wear a DOT-compliant motorcycle helmet. If you are over 21, helmet use is optional but heavily recommended for protection. The good news is that you can still pursue compensation even if you weren’t wearing a helmet when the accident occurred, even if you were legally required to do so. 

Utah operates under a no-fault insurance system, which affects how you seek compensation. Your first option is typically filing a personal injury protection (PIP) claim. PIP is a form of no-fault insurance that covers your medical expenses and lost wages regardless of who caused the accident. However, PIP coverage is not required for motorcycle riders in Utah. If you do not have this coverage, you’ll need to file a liability claim against the at-fault driver instead.

The key point here is that another driver’s negligence—speeding, running a red light, or failing to yield—is what caused your accident. Whether or not you wore a helmet does not change the fact that someone else’s careless actions put you in danger. You still have the right to hold that person accountable.

How Insurance Companies Use the Lack of a Helmet Against You

While you aren’t barred from pursuing a claim, insurance companies will try to use your lack of helmet use against you. Their goal is to minimize what they pay out, and they will likely argue that your injuries would have been less severe if you had been wearing a helmet. This strategy is designed to shift blame onto you and reduce the value of your claim.

If the insurance company successfully argues that not wearing a helmet contributed to the extent of your head or facial injuries, your settlement could be decreased or possibly denied. You need robust legal representation to fight back against these claims and prove your right to fair compensation. 

Fighting for the Full Compensation You Deserve

A motorcycle accident lawyer knows how to counter insurance company tactics and build a compelling case on your behalf. Your attorney will investigate the accident thoroughly, gathering evidence like police reports, witness statements, traffic camera footage, and accident reconstruction analysis to prove the other driver’s negligence. Your lawyer will also calculate the true value of your claim, including medical bills, lost income, pain and suffering, and long-term care needs, advocating for the settlement you deserve.

Trust a Utah Motorcycle Accident Attorney to Fight for Your Rights

Not wearing a helmet doesn’t automatically disqualify you from recovering compensation after an accident, but it does add complexity to your case. A St. George personal injury attorney will fight to secure fair compensation despite the defense’s attempts to use your helmet status against you. Schedule a free consultation today to discuss your case and learn how they can help you hold the at-fault party accountable.