Can I pursue a claim for injuries if I have a motorcycle accident while not wearing a helmet?

Attorney Dennis SchaeferAuthor: Attorney Dennis Schaefer

If you are twenty one years old or older, have $10,000.00 in Personal Injury Protection Insurance and have either a windshield on your bike or are wearing eye protection the answer is yes. Of course, there are other issues in the accident that would be necessary before you can expect a recovery. However, the items listed above are prerequisites to go further.

Once you have met the pre-conditions, you then need to be able to establish the “usual” conditions before a recovery will be successful. Firstly, you need to establish that the accident wasn’t your fault. This is called liability. If we can prove that the person at fault in the accident wasn’t you, then we can continue on in putting together your case. Secondly, we need to be able to prove damages. This means that physical injuries exist and the extent of the injuries create a “permanent impairment”. Finally, there must be the practical reality that the party at fault, who caused the permanent injuries to you either has insurance or money to pay your claim.

If the at fault party does not have insurance or money then you need to explore whether you have any uninsured motorist coverage that may apply. Uninsured motorist coverage is much less common in motorcycle accidents than car accidents, however sometimes it does apply.

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