Pittsburgh Motorcycle Helmet Laws

At Berger and Green, we help people injured in motorcycle accidents get fair compensation for their injuries. -. Helmet use often becomes a key issue in these cases. Our local motorcycle accident attorneys can provide you with information about helmet laws and how they may impact an injury claim.

It is crucial for any biker to know Pittsburgh motorcycle helmet laws and how they may impact an accident claim. Once you know all the implications, you can make an informed decision about your helmet use.

Who Must Wear a Helmet?

The state’s motorcycle helmet law appears at 75 Pennsylvania Consolidated Statutes § 3525. It exempts many riders from mandatory helmet use, but all riders under 21 must wear one, including passengers. Operators who have held a license for less than two full years must wear a helmet, regardless of their age. If, however, a newer motorcyclist has completed an approved motorcycle safety course and is over 21, they are exempt from the helmet requirement.

Motorcyclists 21 and older who have held a motorcycle license for two full years are not required to wear a helmet, nor are any adult passengers. Choosing not to wear a motorcycle helmet when the law exempts you is your right, but it can make it harder for a Pittsburgh attorney to obtain maximum compensation if you are injured in an accident.

Helmets Are a Factor in Allocating Fault

Pennsylvania follows a modified comparative negligence scheme for managing accident compensation, requiring an allocation of fault between the parties.

Many motorcycle crashes are the fault of the other driver. Motorcycles are difficult for drivers to see, and the excellent soundproofing in modern vehicles means that drivers may not even hear them. When the driver of a passenger vehicle or truck changes lanes without noticing the bike, fails to yield at an intersection, or rear ends the bike, the driver is typically at fault for the wreck.

However, if you suffer head injuries in the crash and were not wearing a helmet, the other driver’s insurance company could argue that the severity of the injury is your responsibility. Our Pittsburgh attorneys could argue that the injury would not have happened at all if not for the driver’s negligence; but when you suffer the type of head or neck injury that helmet laws protect against, it is likely that your compensation will be affected.

How Helmet Use Can Impact Compensation

When you are in an accident and can prove that another party’s negligence is responsible for the incident, you are entitled to compensation, known as damages. Your damages can include your documented and anticipated expenses, and compensation for your emotional suffering, physical pain, and the negative impact on your quality of life. If you are found partially responsible for the accident or the severity of your injuries, you can collect only a portion of your damages.

Under a modified comparative system, the total damages you can prove is reduced by a percentage equal to your degree of responsibility. If you are 20 percent responsible for the accident, you collect 80 percent of your awarded damages. However, if you are more than 50 percent responsible, you cannot collect anything.

Most motorcycle crash injury cases start with negotiations between your attorney and the other driver’s insurance company. Allocation of fault is negotiated between the parties. When an injury case goes to trial, the jury decides how much fault each party bears and how much you can collect for your injuries. If a jury in Pittsburgh looks at the motorcycle crash and determines you were reckless in not wearing a helmet, you could have your total compensation reduced.

Contact a Pittsburgh Attorney to Learn How Motorcycle Helmet Laws May Affect Your Claim

If you were badly injured in a motorcycle crash, you need a capable personal injury attorney to advocate for you, especially if you were not wearing a helmet. Even if you are exempt under the Pittsburgh motorcycle helmet laws, not wearing a helmet can still reduce your collectable damages. Work with the experienced lawyers at Berger and Green to obtain the maximum compensation possible after a motorcycle crash. Call us or fill out a contact form to learn more.