Pennsylvania helmet laws and a rider’s use of a motorcycle helmet could impact the ability to recover compensation if injured in an accident. However, regardless of the Pennsylvania motorcycle laws related to helmets, the severity of a head injury could drastically be reduced if a motorcyclist is wearing a helmet.
This could play a role in an accident claim. Those injured can consult a Newtown motorcycle attorney to represent their interests when pursuing a claim.
Pennsylvania Helmet Laws for Motorcyclists
Under Pennsylvania helmet laws, it is optional for certain persons ages 21 and over to wear a motorcycle helmet. This only applies if the person has completed a safety course approved by the Motorcycle Safety Foundation, or if the person has been licensed for at least two years to operate a motorcycle.
So if the motorcyclist is 20 years old or younger, a helmet must be worn per Pennsylvania motorcycle laws. Meanwhile, passengers don’t have to wear a helmet if they are 21 and over and the driver is exempt from having to wear one.
Impact of Pennsylvania Helmet Laws on an Accident Claim
When a motorcyclist has been injured in an accident with another vehicle, it will need to be determined who was at fault. It could be that just one party was responsible for the accident or that both parties are found to be negligent. A Newtown motorcycle attorney can help establish fault.
Negligence laws will impact this type of case. In Pennsylvania, the modified comparative fault (51 percent) negligence system is followed. This means that when someone has been injured, the ability to recover damages is only possible if that person’s fault is found to be 50 percent or less.
Violating Pennsylvania motorcycle laws could be considered negligent. So let’s say a motorcyclist in Pennsylvania is seriously injured in a motorcycle crash with a passenger vehicle.
Although the driver of the passenger car might have run a red light, the motorcyclist could still be found negligent for failing to wear a helmet. A circumstance in which this would be the case is if the rider was over 21 years old but had only been licensed to operate a motorcycle for a year and had never taken a safety course.
This doesn’t necessarily mean that the person can’t recover any damages if the other party was mostly at fault. But it could impact the amount that can be recovered.
Another consideration in this type of case would be the severity of injuries. If the motorcyclist wasn’t wearing a helmet and suffered head trauma, it might be found that the injuries would have been less severe had there been head protection regardless of the Pennsylvania motorcycle laws. This could also be factored into an accident claim, which victims may discuss with Newtown motorcycle attorneys.
Contact Newtown Motorcycle Attorneys
Damages could be significantly or somewhat reduced in this case even if the rider was in compliance with the Pennsylvania motorcycle laws. This would depend on the specifics of the case. But with so much at stake, it may be helpful for an injured motorcyclist to seek legal counsel with Newtown motorcycle attorneys to discuss the impact of Pennsylvania helmet laws and helmet use.