Motorcycle accidents can lead to serious injuries, and how you handle your claim may depend on several factors, including whether you were wearing a helmet at the time of the crash. In Maryland, helmet laws play a significant role in both your health and the outcome of an injury claim. With three offices in Maryland, our firm, Antezana & Antezana, LLC, is a fierce local advocate for accident victims throughout the state. Our Germantown, MD motorcycle accident lawyer has an in-depth knowledge of Maryland’s motorcycle helmet laws and can explain how they may affect your ability to recover compensation after an accident.
Maryland’s Motorcycle Helmet Requirements
Maryland law requires that all motorcyclists and passengers wear a helmet while riding on public roads. The helmet must meet specific safety standards, often indicated by a sticker or label, proving that it has been tested and approved for use. These requirements apply regardless of age, experience, or whether the rider has insurance coverage.
Unlike some states where helmet laws vary depending on age or type of vehicle, Maryland’s law is straightforward: anyone on a motorcycle must wear a helmet at all times. This rule is enforced by the Maryland State Police and other law enforcement agencies, and failure to comply can result in fines and penalties.
The Impact Of Helmet Use On Injury Claims
Wearing a helmet during a motorcycle accident can have a significant impact on your injuries and your injury claim. While helmets can’t prevent all injuries, they significantly reduce the risk of head trauma, including concussions and more severe brain injuries. If you were wearing a helmet at the time of your accident, this may help our personal injury law firm show that you took reasonable precautions to protect yourself.
However, even if you were wearing a helmet, you may still suffer severe injuries, and your claim could focus on other factors, such as the at-fault party’s negligence. On the other hand, if you were not wearing a helmet, it could affect your case. Maryland operates under a “comparative fault” rule, meaning that if you are found partially at fault for your injuries (e.g., because you weren’t wearing a helmet), your compensation might be reduced. The insurance company or defense attorney might argue that you contributed to the severity of your injuries by not following the law, and this can lower the amount of money you recover.
Helmet Use And Compensation
If you were not wearing a helmet at the time of the crash, the opposing party (or their insurance company) may argue that your injuries were more severe than they would have been if you had complied with the helmet law. This can be a difficult argument to counter, as the defense might claim that your failure to wear a helmet contributed to your head injuries, even if the accident itself was caused by another driver’s negligence. As a result, you could see a reduction in the total amount of damages awarded.
For example, if you were found to be 20% at fault for not wearing a helmet, your overall compensation could be reduced by that percentage. It’s important to note that this doesn’t mean you lose your ability to recover damages entirely. It simply means that your financial recovery may be impacted by the fact that you weren’t wearing a helmet, despite the accident being caused by another driver’s reckless or negligent behavior.
On the other hand, if you were wearing a helmet, you’ll have a stronger argument that you took all possible steps to protect yourself, which could help preserve the full value of your claim. It’s critical to understand that with or without a helmet, it is your right to seek compensation for injuries resulting from another party’s negligence and our personal injury attorney will work hard to secure financial justice on your behalf.
What Helmet Laws Mean For Your Legal Case
Maryland’s helmet law plays a key role in both your safety and your legal rights. While helmets significantly reduce the risk of serious injuries, failure to wear one can affect your ability to recover compensation after an accident. If you are involved in a motorcycle crash, how helmet use is viewed in the context of comparative fault laws could influence the final amount of damages awarded. Understanding these laws and their impact on your case is essential for getting the compensation you deserve. Always consult with our skilled motorcycle accident attorney who can evaluate the specifics of your situation and help guide you through the legal process. The team at Antezana & Antezana, LLC has over twenty years of experience winning settlements for personal injury victims. Contact us now to schedule a free consultation and see how we can help you win your motorcycle accident claim.
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