Maryland Motorcycle Accident Claims: Does Not Wearing a Helmet Affect Your Case?

In this video, we discuss how not wearing a helmet affects the value of your motorcycle accident personal injury claim in Maryland. Surprisingly, the absence of a helmet doesn't impact your claim's value unless you're claiming a head or brain injury.
Maryland law mandates helmet use for your safety, but if you're involved in an accident caused by another driver, your lack of a helmet doesn't change the facts of how the accident occurred or the value of your claim for injuries unrelated to the head or brain.
Key points covered:
- Maryland law requires wearing a helmet while riding a motorcycle.
- Not wearing a helmet does not affect the value of your personal injury claim unless head or brain injuries are involved.
- The value of a head or brain injury claim may be diminished if a helmet wasn't worn, as insurance companies could argue the injuries could have been less severe with a helmet.
Have questions? John Leppler, personal injury lawyer located in Towson and serving Baltimore and the surrounding counties, is available to answer your questions 24/7.
Leppler Injury Law handles cases involving motor vehicle and pedestrian injuries throughout the Baltimore, Maryland area.
Click on the link below to read our blog about Intersection Accidents in Maryland.
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John J. Leppler, Esq.
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Towson, MD 21204
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Transcript:
If you suffered severe injuries in a motorcycle accident you were involved in, but you were not wearing a helmet, how does you not wearing a helmet affect value of your motorcycle accident personal injury claim?
And the answer is, it may surprise you but It actually does not affect the value of your claim at all, unless you're claiming a head or brain injury. In Maryland there's several Maryland statues and it's the law to simply wear a helmet while you're riding a motorcycle. This is obvious. And it's also what the law is in place for your protection.
However, if you're riding a motorcycle without a helmet, and another driver, the at fault driver causes a motor vehicle accident and you suffer injuries, the fact that you were not wearing a helmet does not affect the value of your personal injury claim. If you think about it, how the accident happened, whether the at fault driver rear-ended you while you're on a motorcycle, T-boned you, or otherwise, even though you were not wearing a helmet it doesn't actually affect how the motorcycle accident took place.
Obviously if you're claiming a head injury or brain injury as part of your motorcycle accident personal injury claim, the value of your claim will certainly be diminished. It's a very good argument that the at fault driver's insurance company will have and say that if you were wearing a helmet your injuries to your head or brain would have been less had you have done that? With all that said, do not think that not wearing a helmet affects the value of your motorcycle accident personal injury claim, because it usually does not.
If you have any questions regarding how an injured victim can bring a serious injury motorcycle accident personal injury claim in the state of Maryland, feel free to call me. I do this every single day and would love to answer any questions you may have. Thank you.