Motorcycle Accident Without a Helmet in Pennsylvania: What You Need to Know

A motorcycle accident can change your life in an instant. If you were not wearing a helmet, the shock and pain can be even worse, making you wonder what will happen next with insurance.

It is a common concern: if I was not wearing a helmet, can the insurance company blame me? In Pennsylvania, this issue is not as straightforward as it might seem. We understand you are facing medical bills and pressure, and we want to help you understand your legal position.

Understanding Pennsylvania's Helmet Law

Pennsylvania law generally requires motorcyclists to wear a helmet. However, there are exceptions. If you are over 21 and have either two years of riding experience or have completed an approved motorcycle safety course, you are not legally required to wear a helmet. If you do not meet these exceptions, then wearing a helmet is mandatory.

The law regarding helmet use in Pennsylvania is found in 75 Pa. C.S. § 3525. This section outlines who must wear a helmet and who is exempt. What this means for your personal injury claim is separate from whether you followed the law at the time of your accident.

Can the Insurance Company Blame You for Not Wearing a Helmet?

This is a critical question after a motorcycle accident. In Pennsylvania, an insurance company cannot use your failure to wear a helmet as a reason to deny your claim entirely if the other driver was at fault for causing the accident. The fact that you were not wearing a helmet does not automatically mean you lose your right to recover damages.

However, the insurance company for the at-fault driver may try to argue that not wearing a helmet made your injuries worse than they would have been otherwise. This is known as the "helmet defense." They might say that while their driver caused the crash, your specific head injuries were made more severe because you chose not to wear a helmet.

The "Helmet Defense" in Pennsylvania Law

Pennsylvania courts have specific rules about how the "helmet defense" can be used. Generally, if you were not legally required to wear a helmet (because you met an exemption), the other side cannot use your lack of a helmet against you to reduce your recovery for head injuries. This is a crucial distinction. If you were exempt from wearing a helmet under 75 Pa. C.S. § 3525, then your choice not to wear one cannot be used as evidence of comparative negligence or to reduce the amount of damages you can claim for head injuries.

If you were legally required to wear a helmet and failed to do so, the situation becomes more complex. Even then, the at-fault driver's insurance company still has to prove two things:

1. That your failure to wear a helmet was a direct cause of your head injuries.
2. That the specific head injuries you suffered would have been prevented or lessened if you had worn a helmet.

This is not an easy task for them to prove. They would need expert medical testimony to establish this link. We often see insurance companies try to raise this defense, but they frequently struggle to meet the strict legal requirements.

Comparative Negligence and Your Claim

Pennsylvania uses a modified comparative negligence rule, found in 42 Pa. C.S. § 7102. This means that if you are found to be partly at fault for an accident, your compensation can be reduced by your percentage of fault. For example, if you are found 10% at fault, your total damages would be reduced by 10%.

However, if you are found to be more than 50% at fault, you cannot recover any damages at all. The helmet defense tries to tie into this. The insurance company wants to argue that your failure to wear a helmet contributes to your overall fault, not for causing the accident itself, but for the severity of your injuries. As discussed, whether this argument is allowed and how much weight it carries depends on the specifics of your case, especially whether you were legally required to wear a helmet.

It is important to remember that simply not wearing a helmet does not make you more than 50% at fault for the accident if the other driver caused the collision.

What Kind of Damages Can You Recover?

Even if the helmet issue comes up, you may still be able to recover various types of damages after a motorcycle accident, including:

• Medical Expenses: This covers emergency room visits, hospital stays, doctor appointments, surgeries, medications, and physical therapy.
• Lost Wages: If your injuries prevent you from working, you can claim the income you lost.
• Loss of Earning Capacity: If your injuries are long-term and affect your ability to earn money in the future, you can seek compensation for that loss.
• Pain and Suffering: This covers the physical pain and emotional distress caused by the accident and your injuries.
• Disfigurement or Scarring: If your injuries result in permanent changes to your appearance.
• Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you once enjoyed.

The presence or absence of a helmet primarily relates to head injuries. Other injuries, like broken bones in your arms or legs, would not be affected by the helmet defense argument.

Limited Tort vs. Full Tort and Motorcycle Accidents

For most vehicle accidents in Pennsylvania, drivers choose between limited tort and full tort insurance options. This choice affects your ability to sue for pain and suffering. However, this distinction often does not apply in the same way to motorcycle accidents.

Under 75 Pa. C.S. § 1705(d)(3), a motorcycle accident involving a pedestrian or bicyclist is an exception to limited tort. More broadly, motorcyclists often have different insurance coverages and are not always bound by the limited tort election from their personal vehicle policy. This means that many motorcyclists, even if they have limited tort on their car insurance, are considered "full tort" for their motorcycle accident injuries, allowing them to seek full compensation for pain and suffering without needing to prove a "serious injury."

Why You Need Legal Help After a Motorcycle Accident

Dealing with insurance companies after a motorcycle accident is challenging, especially when issues like helmet use are raised. Insurance adjusters are trained to minimize payouts. They may try to pressure you into accepting a low settlement or suggesting that your lack of a helmet severely weakens your case, even when it does not.

We understand the tactics they use. Our firm can investigate your accident, gather evidence, and determine who was at fault. We can address the helmet defense head-on, explaining how Pennsylvania law applies to your specific situation and protecting your right to fair compensation. Remember, the statute of limitations for most personal injury claims in Pennsylvania is two years from the date of the accident, as outlined in 42 Pa. C.S. § 5524. It is important not to delay in seeking legal advice.

What to do next

If you were involved in a motorcycle accident and were not wearing a helmet, schedule a free consultation with an experienced personal injury attorney. We can review the details of your case and explain your options.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.

Hurt in Pennsylvania? Request a free case review — no fee unless we win.

Frequently Asked Questions

If I was not wearing a helmet, does that mean I cannot sue for my injuries?

No, not wearing a helmet does not automatically prevent you from suing for your injuries in Pennsylvania. If another driver was at fault for the accident, you still have rights. The other side may try to argue that your injuries were worse because of it, but this is a complex legal defense.

What is the Pennsylvania law about wearing a helmet on a motorcycle?

In Pennsylvania, motorcyclists are generally required to wear a helmet. However, if you are over 21 and have either two years of riding experience or have completed an approved motorcycle safety course, you are exempt from this requirement under 75 Pa. C.S. § 3525.

Can the insurance company use my lack of a helmet to reduce my settlement?

The insurance company may attempt to argue that your head injuries were more severe because you were not wearing a helmet. If you were legally exempt from wearing a helmet, this argument generally cannot be used against you. If you were required to wear one, they would need strong medical evidence to prove it directly worsened your specific head injuries.

Does not wearing a helmet make me at fault for the motorcycle accident?

Not wearing a helmet does not make you at fault for *causing* the motorcycle accident. Fault for the accident itself usually depends on who violated traffic laws or acted negligently. The helmet issue typically relates to the severity of your head injuries, not the cause of the collision.

What if I was under 21 and not wearing a helmet?

If you were under 21, Pennsylvania law requires you to wear a helmet, regardless of riding experience or safety courses. In this situation, the helmet defense arguing worsened head injuries might be more likely to be considered by a jury, but the other side still must prove it was a direct cause.

Is the statute of limitations still two years if I was not wearing a helmet?

Yes, the standard two-year statute of limitations for personal injury claims in Pennsylvania still applies, even if you were not wearing a helmet. This period, specified in 42 Pa. C.S. § 5524, begins from the date of the accident. It is important to act quickly to protect your legal rights.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.