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Auto Accident 10.21.2021

Do I Have a Motorcycle Accident Claim If I Wasn’t Wearing a Helmet in Michigan?

Michigan’s roads and highways are not in the best shape nowadays, but we have some of the most scenic motorcycle routes in the country. Michigan has become a top destination for motorcycle enthusiasts and two-wheeling tourists who seek to enjoy its bountiful natural beauty. However, even the smoothest stretches of asphalt can be dangerous for motorcycle riders—especially if you’re not wearing a helmet.

Michigan’s helmet laws do not require all bikers and their passengers to wear protective headgear. The goal of these laws is to allow bikers to decide for themselves to wear a helmet. While it’s the bikers right not to wear a helmet, the injuries stemming from a collision or car crash can be more severe. Ultimately, unprotected bikers have a higher chance of dying or suffering a traumatic brain injury than those wearing a helmet.

Michigan’s Helmet Laws

Unlike many other states, Michigan law now allows motorcyclists to decide for themselves, if certain conditions are met, whether or not to wear a helmet. To legally not wear a helmet, a motorcycle operator must be at least 21 years old and have at least $20,000 in PIP medical benefits coverage.

Despite the legality of riding without a helmet, research has actually shown that wearing a helmet can significantly reduce the risks of suffering serious brain injury, facial, neck, and jaw injuries in an accident.

Does Not Wearing a Helmet Affect My Personal Injury Claim?

In Michigan, the law does not require certain bikers to wear a helmet. However, the at fault defendant can still argue a helmet would have reduced your injuries. According to National Highway Traffic Safety Administration’s 2019 motorcycle statistics, for every 100 bikers killed on the road while not wearing a helmet, 37 would have survived had they been wearing a helmet. Additionally, for every 100 unprotected riders who suffered a traumatic brain injury in a crash, 67 would have avoided such injuries had they worn a protective headgear.

Insurer use these statistics as provide strong evidence that a motorcyclist who chooses not to wear a helmet could be at least partially at fault for the injuries they suffered in a biker. Due to how personal injury cases are handled in Michigan, your compensation could be reduced by a percentage reflecting your comparative fault.

However, logically speaking, if you did not suffer any head or neck injuries the helmet was intended to protect, whether you were wearing protective headgear or not is irrelevant. In such situations, an experience motorcycle accident lawyer may be able to help you establish a strong case for compensatory damages. Additionally, even if you did suffer a head or neck injury, you may still be able to recover full compensation because the argument may not work if you are free of any fault, or you sustained any other injuries you sustained.

As you can see, there are many factors that can affect the value of your motorcycle accident claim. A skilled personal injury motorcycle accident attorney can evaluate your particular situation, answer all of your questions, and discuss the best way to handle your case.

Our motorcycle accident attorneys have three decades of experience handling accident claims and have an arsenal of deep knowledge and understanding of the relevant laws and process.

Speak to a Motorcycle Accident Attorney in Michigan

If you were injured while riding and weren’t wearing a helmet, our Michigan motorcycle accident attorneys may be able to assist with your claim. At Joseph Personal Injury Lawyers, we provide personalized representation, giving every case the specialized care and attention, it deserves.

From investigating the accident and gathering evidence, to negotiating with the insurer, we can represent you at every stage of proceedings.

Call 248-352-2110 or toll free at 1-866-4447-3563 or complete our Contact Form to schedule a free no obligation consultation with a truck accident lawyer in Michigan. We give you the no win, no fee guarantee. 

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The Joseph Dedvukaj Firm, P.C represents Michigan clients in a full range of personal injury matters. If you have been injured, contact us for a free consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.
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