If I Was Not Wearing a Helmet During My Motorcycle Accident, Can I Still Recover Damages?

motorcycle accidentIf you get into a motorcycle accident, or were injured while riding one, the fact that you were not wearing a helmet at the time of the crash will not automatically stop you from recovering any damages. The legalese term for stopping you from recovery is bar your claim. Your claim is not barred.

Helmet Law and Motorcycle Accident Fault

Utah law only requires that motorcyclists under the age of 21 wear helmets. The law can be found HERE. If you were older than 21 and not wearing a helmet the law is not likely to matter in your case.

If you were under 21 and not helmeted at the time of the motorcycle accident, you were breaking Utah law. However, breaking a traffic law is never an admission of liability in the state of Utah. Even if you were ticketed at the crash, fault for the accident is to be determined during the personal injury claim process.

You May Be Partially at Fault for Your Injuries but that May Not Stop You Either

A lot of times after an accident, the insurance companies will determine that both parties were at fault. Imagine that in your case the insurance companies decide that you are 10% at fault for your injuries and that the driver who hit you is 90% at fault for your injuries. That 10% could be because you chose not to wear a motorcycle helmet. That does not mean that you cannot collect damages from the at-fault party. You will just collect 90% of the damages from the at-fault party.

Utah is Not an All or Nothing State

You may have heard that some states require you to be zero percent liable for your injuries in order to recover any damages. That mostly a myth. Utah has a modified comparative negligence rule. So long as you are less than 50 percent at fault for the motorcycle accident and your injuries you may recover damages from the at fault party.

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