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Can You Recover Damages If You Were in a Motorcycle Accident Without a Helmet?

Many accidents that occur on the road involve motorcycles, as a result of vehicle drivers not having seen the motorcycle or due to riders not exercising caution while on their bikes. Regardless of which driver causes the accident, wearing your helmet while riding should never be a question. Let’s talk a bit about motorcycle safety and recovering damages if you’re in an accident while not wearing a helmet.

motorcycle accident recover damages

Risks of Riding Motorcycles

Because your motorcycle doesn’t protect your body the way a car does, you are more at risk of injury if you are involved in an accident. Some of the major injuries you can receive when on a motorcycle are:

  • Severe Burns: Second and third-degree burns are common in motorcycle accidents because their engines are exposed, unlike a car’s engine which is encased in the body of the vehicle. Motorcycle engines can reach upwards of 230 degrees Fahrenheit, and even if you’re wearing protective clothing it can be easy to get serious burns from your motorcycle or from contact with the asphalt (skidding).
  • Spinal Trauma: You don’t have to be going fast on a motorcycle to sustain injuries, as the force of impact alone can cause damaged spinal cords and internal bleeding.
  • Broken Bones: Pelvic and wrist fractures are common with motorcycle injuries, as many riders will use their arms and legs to stop them from more severe impact with the ground, their bike, or another vehicle.
  • Brain Injuries: Although these severe injuries can occur when you’re riding with your helmet on, they’re very difficult to avoid if you are not wearing proper head protection and you are involved in an accident.

Recovering Damages in a Motorcycle Accident

There are a few different circumstances in which you may need compensation for damages done to your motorcycle or person as a result of an accident. If you are not wearing a helmet at the time of the accident but do not receive a head or neck injury, the fact that you weren’t wearing a helmet may be deemed irrelevant and you may be able to get compensation for other bodily injuries. If you are not wearing a helmet and you receive a head or neck injury, it will be highly difficult for you to recover damages, as you will be considered grossly negligent (consciously and voluntarily disregarding of the need to use proper care in a situation that can cause grave harm or injury to oneself or others).

Injured in a Motorcycle Accident Without a Helmet?

Maryland law states that all motorcycle riders must wear a helmet at all times while the bike is in motion. If you have been involved in an accident, whether or not you were abiding by this law, give the professionals at Albers & Associates a call. We will do all that we can to help you recover damages from your motorcycle accident and provide you with the best legal advice you can get in Maryland. Reach out today for your free consultation with our expert personal injury attorneys.

Personal Injury FAQ

What Qualifies as 'Serious' Personal Injury?

A case is categorized as a serious personal injury if any of the following resulted from the accident:

  • Severe brain trauma
  • Spinal cord injuries
  • 3rd degree burns
  • Any injury that causes serious and long-term disfigurement

What is a Wrongful Death Accident?

Our attorneys can successfully get you the compensation you deserve in a wrongful death case, which is when a loved one has died due to the carelessness or negligence of another person involved. Spouses, life partners, children, and other family members of the deceased can be entitled to recover damages for both emotional and financial loss.

Who is Liable for a Car Accident in Maryland?

Finding the person at fault in a car accident comes down to proving negligence on one or both sides of the equation. Whether you’re another driver or a pedestrian, you will need a lawyer to come to your defense. Because the state of Maryland employs a contributory negligence rule, your entire case will be at risk if the opposing counsel can prove that you were negligent in anyway.

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