Jun 18 2021

Will Not Wearing a Helmet Affect Your Motorcycle Accident Claim?

If you’re a Utah motorcyclist who has been injured in a crash, you can file a motorcycle accident claim to seek out financial compensation for your losses. Your decision to ride without a helmet doesn’t take away that right.

Given the circumstances, however, recovering the amount of money to which you are legally entitled may be a challenge on your own. To understand why, take a look at the following.

Motorcycle injury lawyer Utah

Utah’s Motorcycle Helmet Laws

Riding without a helmet is permitted for some motorcyclists in Utah. Helmet use is only mandated for those under the age of 21.

In addition, the Utah motorcycle helmet statute maintains that the choice to not wear protective headgear isn’t considered to be contributory or comparative negligence on the part of a motorcyclist seeking damages. The law also asserts that the failure to wear a helmet isn’t valid evidence in a civil case.

All of the above seems to suggest that helmet use won’t be a factor in a Utah motorcycle accident claim. However, the situation isn’t really that simple.

Why Injured Motorcyclists May Need a Motorcycle Accident Attorney

Insurance adjusters know that only motorcyclists under the age of 21 are required to wear a helmet in Utah. They are also well aware that they aren’t legally allowed to use failure to wear protective headgear against a rider in an accident claim. Despite this, injured motorcyclists typically receive low settlement offers.

Why is this? Motorcyclists are less likely to win large verdicts in court, as many people have the false impression that riders are less careful than drivers of passenger cars and other vehicles. Most motorcycle accident claims don’t end up going to court, but insurance adjusters know about the stigma against motorcyclists and are therefore comfortable in offering smaller settlements.

A skilled motorcycle accident attorney can negotiate a fair settlement or, if necessary, bring the case to court. And since most Utah lawyers who specialize in this area of the law work on a contingency fee basis – providing legal representation at no upfront cost – accident attorneys fight hard to get their clients the maximum in financial compensation.

Turn to the Legal Team at William R. Rawlings & Associates

At William R. Rawlings & Associates, we offer full-service legal counsel to injured motorcyclists in Utah, Idaho and California. Our clients benefit from our 35 years of experience, and we’re proud to have a long history of successful case results.

As former insurance adjusters and insurance lawyers, we understand the tactics they use in cases involving riders not wearing helmets – and we’re ready to make the most of your motorcycle accident claim. To learn more about our law firm, or to schedule a free consultation with an experienced motorcycle accident lawyer in Utah, contact us today.