When motorcycle accidents occur, the circumstances surrounding a biker’s injury claim may in certain circumstances depend on whether they were wearing a helmet at the time. Take a closer look at Pennsylvania’s motorcycle helmet laws, safety regulations, and legal options for injured riders.
Is There a Helmet Requirement To Ride a Motorcycle in Pennsylvania?
The Commonwealth of Pennsylvania has a universal helmet law that applies to riders and passengers. According to current legislation, operators under the age of 21 are required to wear a helmet. This requirement also applies to any passengers under the age of 18.
Those who are older than 21 can choose to forgo a helmet only if they have held their license for more than two years or completed a safety course through the state’s Department of Transportation. The helmet exemption criteria aim to increase safety among riders, as they must be experienced motorcyclists or complete an official training course.
In addition to the motorcycle helmet law in Pennsylvania, there are rules regarding eye protection during rides. The state requires all riders to wear glasses, goggles, or other forms of protective eyewear. This is mandatory, even if a motorcyclist chooses not to wear a DOT-approved helmet.
How Does Helmet Use Affect a Motorcyclist’s Injury Claim?
Motorcyclists are at risk of serious injuries if an accident occurs. Disregarding the motorcycle helmet law in Pennsylvania could lead to catastrophic injuries or even death. For optimal safety, it’s wise to wear the proper protective equipment during every ride.
What if someone doesn’t wear a helmet at the time of a crash? They may be able to file a personal injury claim and seek compensation. However, their choice not to wear a helmet could affect an insurer’s decision to compensate them.
Riders may be able to claim the following damages:
- Medical costs: Prompt medical treatment, including emergency transportation and hospitalizations, may be part of an insurance settlement.
- Lost wages: If a rider’s injury leaves them unable to work, they could seek compensation for their lost wages.
- Property damage: Any damage to the bike or other property is a common claim.
It may be more difficult to seek non-economic damages for one’s pain and suffering. An insurance adjuster could argue that the injury’s impact wouldn’t be as severe had the rider been wearing a helmet. It’s important to work with an experienced motorcycle accident lawyer who can advocate for you.
The Role of Comparative Negligence in Pennsylvania Motorcycle Accident Claims
A crucial way to determine potential injury damages is by assessing whether someone followed the motorcycle helmet law in Pennsylvania. Even if they wear a helmet, they may be found liable in an accident. The state’s comparative negligence rule then determines whether they can seek compensation.
Under state law, plaintiffs cannot pursue damages if they’re more than 50% at fault in an accident. Their percentage of fault, when under 50%, will be the amount reduced from a potential settlement.
Navigate the Injury Claim Process With Ostroff Godshall Injury and Accident Lawyers
The current motorcycle helmet law in Pennsylvania aims to protect riders. Wearing a helmet is required for certain individuals but recommended for every biker who sets out on local roadways. Your use of a helmet at the time of a crash could impact your personal injury claim.
For personalized legal guidance, contact Ostroff Godshall Injury and Accident Lawyers. Discuss your case in detail during a free, no-obligation consultation. Call (855) 521-4406 to set up an initial meeting with a qualified attorney.
Frequently Asked Questions (FAQ):
Q: Is there a helmet requirement to ride a motorcycle in Pennsylvania?
A: Yes, Pennsylvania has a universal helmet law. Riders under 21 and passengers under 18 are always required to wear a helmet. Those over 21 may be exempt if they’ve had their license for over two years or completed a state safety course.
Q: How does helmet use affect a motorcyclist’s injury claim in Pennsylvania?
A: Not wearing a helmet can impact an insurer’s decision to compensate for injuries. While medical costs, lost wages, and property damage may still be claimed, seeking non-economic damages for pain and suffering might be more difficult.
Q: What is comparative negligence in Pennsylvania motorcycle accident claims?
A: Pennsylvania’s comparative negligence rule states that plaintiffs cannot pursue damages if they are more than 50% at fault in an accident. If less than 50% at fault, their compensation will be reduced by their percentage of fault.
