No Helmet Motorcycle Crash Claims Explained

Motorcycle accidents often leave riders with serious injuries. The question of helmet use almost always comes up during settlement negotiations or trial. If you weren’t wearing a helmet when you got hit, you might worry that you’ve lost your chance at compensation, but that’s not how it works in Washington. Washington state law requires all motorcyclists to wear helmets. It’s mandatory. But breaking this law doesn’t automatically disqualify you from recovering damages after a crash. You can still file a claim and win compensation.

How Washington’s Comparative Fault System Works

Washington follows what’s called a pure comparative negligence rule. You can still recover compensation even if you share some blame for your injuries. The court or insurance company will assign a percentage of fault to each party involved. If you weren’t wearing a helmet, the defense will argue that your injuries would’ve been less severe if you had been, and they’ll try to pin a portion of the blame on you.

Let’s say you suffered a traumatic brain injury in a crash caused by a distracted driver. The other side might claim that 30% of your head injury resulted from not wearing a helmet, while 70% came from their client’s negligence. In this scenario, if your total damages equal $100,000, you’d receive $70,000 instead of the full amount.

What The Defense Must Prove

Insurance companies and defense attorneys can’t just say your injuries would’ve been different with a helmet. They need evidence. This typically involves:

• Medical expert testimony about your specific injuries
• Analysis of the crash dynamics and impact forces
• Evidence showing which injuries relate to head trauma versus other bodily harm
• Documentation of helmet effectiveness in similar accidents

A Tacoma motorcycle accident lawyer can challenge these assertions by presenting counter-evidence about the nature of your injuries and the severity of the collision. Sometimes the crash was so violent that a helmet wouldn’t have made any difference.

Injuries Not Related To Helmet Use

Many motorcycle accident injuries have nothing to do with whether you wore a helmet. Broken bones, road rash, internal injuries, spinal damage, and limb injuries occur regardless of head protection. The defense can’t reduce your compensation for injuries that a helmet wouldn’t have prevented.  If you suffered a broken leg, fractured ribs, and a concussion, the lack of a helmet only affects the head injury portion of your claim. The other damages remain fully recoverable. That’s important to understand when you’re evaluating what your case is actually worth.

Insurance Company Tactics

Adjusters will often overemphasize the helmet issue early in negotiations. They want you to believe your case is weak or worthless because you violated the helmet law. This is a negotiation strategy designed to minimize what they pay out. Don’t accept their initial assessment at face value. The actual impact of not wearing a helmet depends entirely on your specific injuries and the circumstances of the crash. Every case is different.

Building A Strong Case Despite No Helmet

Working with Strong Law Accident & Injury Attorneys means developing a comprehensive strategy that addresses the helmet issue head-on while emphasizing the other driver’s negligence. This includes gathering evidence about how the crash occurred and who caused it. The severity of the other driver’s violations matters. Were they speeding? Did they run a red light? Were they drunk? You’ll also need documentation of all injuries you sustained, categorized by type, plus medical records showing the direct cause of each injury. Economic losses like medical bills, lost income, and future care needs all factor into your total damages.

Don’t Let Helmet Use Define Your Case

Not wearing a helmet affects your claim, but it doesn’t eliminate it. Washington law still allows you to pursue compensation based on the other party’s negligence, even when you share some fault. A Tacoma motorcycle accident lawyer understands how to minimize the impact of comparative fault arguments and maximize your recovery. If you’ve been injured in a motorcycle crash, contact us today.