Traffic Accidents FAQ

Questions:

• What should I do if I'm involved in a traffic accident?
• What determines who is at fault in a car, truck, motorcycle, or bicycle accident?
• Can I be found liable if my car is rear-ended in a crash?
• Is a car making a left turn always at fault in an accident?
• What if one of the accident victims was also at fault?
• If a motorcyclist isn't wearing a helmet, can they still recover for injuries caused by another driver?
• If I am the victim of a trucking accident, who can I sue?
• If a bike and car collide, who is at fault for the accident?

Answer:

If a motorcyclist isn't wearing a helmet, can they still recover for injuries caused by another driver?

Whether a helmetless motorcycle rider can recover for head and neck injuries depends on whether the state where the accident occurred requires the use of helmets. All but three states have some type of motorcycle helmet law. Some states require all motorcycle riders to wear helmets. Others require helmets only for those riders under a certain age. In states with a helmet law, if a helmetless rider sustains injuries in a vehicle accident, it will be extremely difficult to recover for head and neck injuries. However, the rider may be able to recover for other injuries. In states that don't require the use of a helmet, recovery for head and neck injuries may be slightly easier. However, the insurance company is likely to produce a barrage of evidence demonstrating that helmet use drastically reduces the incidence of head injuries, and that by not wearing a helmet, the motorcyclist was negligent. To learn more about helmet laws in different states -- and how those laws may affect recovery in accident cases -- see Nolo's article Motorcycle Helmet Laws & Recovery for Injuries.