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January 24th, 2025
If you’re a motorcycle rider, you know the importance of wearing a helmet. Not only is it required by state law, but it can also greatly reduce your risk of serious head injuries in a crash.
But what if you weren’t wearing a helmet during the accident? Can you still get compensation for injuries and damages caused by the motorcycle accident?
The short answer is yes, you may still be eligible for compensation even if you weren’t wearing a helmet. However, not wearing a helmet can complicate your claim and potentially reduce your settlement amount. Here’s what you need to know.
Oregon is one of 19 states that require all motorcycle riders to wear helmets, regardless of age or experience level. According to Oregon Revised Statute 814.269, a person commits the offense of failure to wear protective headgear if they operate or ride on a motorcycle or moped on any highway in the state without wearing a motorcycle helmet.
The helmet must meet the standards established by the U.S. Department of Transportation (DOT). Failure to wear a proper helmet can result in a fine of up to $115.
If you weren’t wearing a helmet during your motorcycle accident, the insurance company may argue that you were partially at fault for your own injuries. This is known as comparative negligence.
Oregon follows a modified comparative negligence rule. Under this rule, your compensation can be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault for not wearing a helmet, your compensation would be reduced by 20%.
However, as long as you are less than 50% at fault, you can still recover damages. If you are found to be 51% or more at fault, you cannot recover any compensation.
To get compensation in a motorcycle accident claim, you must prove that the other party was at fault. This is true regardless of whether you were wearing a helmet or not.
Some common causes of motorcycle accidents that can be attributed to another party’s negligence include:
Your attorney can gather evidence such as the police report, witness statements, photos and videos, and expert testimony to demonstrate the other party’s liability for the crash.
While not wearing a helmet does not cause accidents, it can affect the severity of your injuries if a crash does occur. Numerous studies have shown that helmets are highly effective at reducing head injuries, which are a leading cause of death and disability in motorcycle accidents.
According to the National Highway Traffic Safety Administration (NHTSA), helmets are estimated to be 37% effective in preventing fatal injuries for motorcycle riders. They are also effective at preventing traumatic brain injuries (TBIs).
If you suffered a head injury in a motorcycle accident and you weren’t wearing a helmet, the insurance company may argue that your injuries would have been less severe if you had been wearing one. They may use this argument to justify a lower settlement offer.
To maximize your compensation in a no-helmet motorcycle accident case, it’s essential to work with an experienced motorcycle accident attorney. Your lawyer can:
While not wearing a helmet can make your case more challenging, it does not automatically bar you from recovering damages. An attorney can help you understand your rights and options based on the specific circumstances of your case.
At Hess Injury Law, we understand the unique issues involved in no-helmet motorcycle accident cases. We have successfully represented many riders in these complex claims and know how to fight back against the insurance company’s attempts to blame you for your injuries.
If you’ve been hurt in a motorcycle crash in Hermiston or elsewhere in Oregon, don’t let the fact that you weren’t wearing a helmet stop you from seeking the compensation you need to move forward with your life. Contact our office today for a free consultation with an experienced motorcycle accident lawyer. We’ll review your case and explain your legal options at no cost and with no obligation.
Call us now to get started on your road to recovery.
Disclaimer: The content of this blog is for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal counsel.
Peter J. Hess grew up in Walla Walla, Washington. He is a 1996 graduate of Walla Walla High School and a 2000 graduate of the University of Washington, with a B.A. in Business Administration/Information Systems.
Peter graduated from Willamette University College of Law, with honors, in 2007. While at Willamette, he was an Associate Editor of the Willamette Law Review, he was a Teacher’s Assistant for a Legal Research and Writing professor, and he worked as a Personal Injury Law Clerk at Swanson, Lathen, Alexander & McCann in Salem, Oregon. After graduation from Willamette, Peter began working here at Hess Injury Law. In 2012, he became a partner in the firm. He is licensed to practice law in both Washington and Oregon.
