Can helmet use affect compensation awards after motorcycle crashes?

Thousands of adults in Louisiana ride motorcycles. Some people use them as a primary form of transportation. Others only go out for recreational rides. Regardless of how frequently someone rides, they need to be proactive about ensuring their own safety. Drivers often have a hard time noticing motorcycles and their riders in traffic.

Motorcycle riders generally need to be proactive about complying with traffic regulations and monitoring the behavior of others on the road. Social perceptions of motorcycle riders can sometimes leave people at a disadvantage if they do end up involved in a collision. Police officers responding to collisions and drivers trying to limit their liability may look for any excuse to blame a motorcycle rider for a collision.

Can the decision to not wear a helmet potentially affect a rider’s ability to pursue compensation if another party was at fault for a wreck?

Louisiana does require helmets

The law in Louisiana imposes a helmet mandate on all motorcycle riders. Riders of all ages generally need to wear a helmet with a chin strap every time they travel on public roads. A motorcycle rider without a helmet could very well end up cited for their violation of traffic statutes. They may also be at risk of worse injury should a crash occur.

Thankfully, the failure to wear a helmet does not make a rider responsible for a crash nor does it necessarily prevent them from pursuing an insurance claim. That being said, the decision to not wear a helmet can impact how insurance adjusters respond to a large claim. They may try to diminish the offer they make by laying some of the blame at the rider’s feet for their failure to wear a helmet.

Something similar may happen in a lawsuit scenario. Louisiana has a comparative fault statute. If one party is clearly to blame for the wreck but someone else contributed to the poor outcome, the courts determine the percentage of fault that everyone had for the incident. The courts may assign a portion of fault to a rider who violated statutes by not wearing a helmet. Any compensation they receive is then subject to reduction based on their percentage of fault.

Wearing a helmet consistently is the safest and best option, as people never know when a motorcycle crash might occur. Yet, those who understand that a small mistake does not absolve another party of responsibility can more confidently pursue compensation after an incident in traffic.