Pennsylvania Motorcycle Helmet Law and Its Impact on Injury Claims
Pennsylvania’s motorcycle helmet law requires all riders to wear a helmet unless they meet certain conditions. Riders over 21 who have either two years of riding experience or have completed a motorcycle safety course approved by the Pennsylvania Department of Transportation are exempt from wearing helmets. However, wearing a helmet is always a wise decision as it significantly reduces the risk of head injuries in accidents.
Pennsylvania Motorcycle Helmet Law
In Pennsylvania, the motorcycle helmet law aims to ensure the safety of motorcyclists. While helmets are not mandatory for all riders, they are strongly recommended. The law stipulates that all motorcyclists must wear a helmet unless they are over 21 and have more than two years of riding experience or have completed a motorcycle safety course. This exemption was established to provide experienced riders with the flexibility to choose, while still emphasizing the importance of safety education.
How Not Wearing a Helmet Affects Injury Claims
Not wearing a helmet can significantly impact your injury claim if you’re involved in an accident:
Reduction in Compensation: If you are found partially at fault for your injuries because you were not wearing a helmet, your compensation might be reduced. This is due to Pennsylvania’s comparative negligence law, which reduces damages proportionally to your degree of fault.
Seriousness of Injuries: Helmets are known to reduce the severity of head injuries significantly. Courts might consider the failure to wear a helmet as a factor in exacerbating injuries, which can affect the outcome of your claim.
Insurance Considerations: Insurers may also take into account whether a helmet was worn when determining settlements. Not wearing a helmet could lead to a lower settlement offer, based on the perception that the rider did not take reasonable measures to protect themselves.
The Importance of Qualified Legal Representation
Given the complexities associated with the enforcement of helmet laws and their impact on personal injury claims, it is crucial to have knowledgeable legal representation if involved in a motorcycle accident. An experienced attorney can help:
- Navigate Legal Challenges: They can manage the intricacies of comparative negligence and argue against any reduction in compensation due to helmet non-use.
- Maximize Compensation: An attorney will advocate on your behalf to ensure you receive fair compensation for your injuries, factoring in all aspects of the accident.
- Provide Legal Guidance: They will offer advice on the best practices for safeguarding your rights and can clarify how local laws and regulations apply to your specific case.
Wearing a helmet while riding a motorcycle in Pennsylvania is not just about complying with the law—it’s a critical safety practice that protects against severe injuries and strengthens your position in injury claims. Understanding how the helmet law affects legal liability and compensation can significantly affect the outcomes of motorcycle accident claims. Always consider both the legal and safety implications of helmet use when riding.
Contact The Villari Law Firm
If you have been involved in a motorcycle accident and need legal assistance, The Villari Law Firm is here to help. Our experienced attorneys understand the nuances of motorcycle law in Pennsylvania and will work tirelessly to protect your rights and ensure you receive the compensation you deserve. Contact us today for a free consultation to discuss your case.
Source:
prddmv.pwpca.pa.gov/Pages/FAQ%20Pages/PA-Motorcycle-Helmet-FAQ.aspx#:~:text=Pennsylvania%20Law%20requires%20that%20any,PennDOT%20or%20the%20Motorcycle%20Safety
