Can I Still Recover Damages if I Wasn’t Wearing a Helmet in Kentucky?

If you were not wearing a helmet during your Kentucky motorcycle accident, you may be worried that you are barred from seeking financial compensation. Luckily, Kentucky law does not automatically bar you from seeking compensation because you didn’t have a helmet during your crash. However, the amount you recover may be impacted depending on the circumstances. Keep reading!

Kentucky Helmet Laws

First, let’s clarify what the Kentucky helmet law says. In Kentucky, helmets are not required for all riders and passengers. Under K.R.S. 189.285, the following are the people who are required to wear a helmet;

• Riders and passengers below the age of 21
• Riders who possess an instruction permit
• Riders who have had their motorcycle license for less than one year

If you fall outside the group of people legally required to wear a helmet, you cannot be found “negligent per se,” for not wearing a helmet. If you are above 21 and fully licensed, you cannot be automatically barred from recovering compensation.

Comparative Negligence in Kentucky

Like most other states in the U.S., Kentucky operates under the comparative negligence rule. This law allows parties to share blame in a personal injury case. Plaintiffs can still recover compensation even if they are partly to blame, but the amount they get is usually diminished based on their share of blame. For instance, if your damages total $120,000 and it is determined that you are 30% at fault for your injuries, you would receive $84,000. Kentucky’s pure comparative negligence law allows recovery even if you are more at fault than the defendant.

How Not Wearing a Helmet Can Affect Your Motorcycle Accident Case

While you might not have broken the law by not wearing a helmet, the defendant’s insurance company or attorney can use your choice to ride without one as a defense. They might claim that the lack of a helmet worsened your injuries. The defense might argue that, had you been wearing a helmet, you probably would have sustained less severe injuries. This defense aims to reduce your compensation by claiming that you are partly responsible for your harm.

However, this argument typically only applies if you sustained head, brain, face, or neck injuries. Suppose you suffered other injuries, such as broken bones, internal injuries, or spinal cord injuries. In that case, the helmet defense might not hold since a helmet would not have prevented or reduced the severity of those types of injuries.

How Can You Protect Your Rights?

If you were in a Kentucky motorcycle accident and weren’t wearing a helmet, the most vital thing you can do is contact an attorney, especially if you suffered head, brain, face, or neck injuries. A skilled lawyer can help fight against the defense by;

• Showing that the other driver’s negligence caused your accident
• Presenting evidence to prove that your injuries would have occurred even if you wore a helmet.

In summary, you can still seek compensation if you weren’t wearing a helmet in Kentucky during a motorcycle accident. However, you can expect the defense to try to diminish the value of your claim.

Contact Us for Legal Help

If you’ve been in a motorcycle accident and weren’t wearing a helmet, contact our London & Southeast Kentucky motorcycle accident attorneys at Cessna & George Law Firm for help protecting your rights.

Source:

apps.legislature.ky.gov/law/statutes/statute.aspx?id=6361