Motorcycle Accidents: Helmets, Shared Fault and Insurance Claims
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- Helmet laws differ by state, and NHTSA estimates that helmets are about 37 percent effective in preventing fatal injuries to riders.
- In some states, not wearing a helmet can be raised as shared fault, which can reduce a claim. Rules vary, so check your state.
- Common crash causes include drivers who fail to see a motorcycle or fail to yield.
- Your own coverage, such as medical payments and uninsured or underinsured motorist coverage, can matter.
- Photos, witness details and prompt medical care make claims easier to document.
Motorcyclists have less physical protection than people in cars, so a crash can cause serious injuries even at moderate speed. After a crash, riders often face two difficult questions: who was at fault, and how do helmets, riding gear and insurance affect what they can recover?
This educational guide covers the basics. Laws differ widely between states, so use it as a starting point and confirm the rules that apply to you.
Helmet laws and helmet effectiveness
States take different approaches. Some have universal helmet laws that apply to all riders, some require helmets only for certain groups such as younger riders, and a few have no helmet law at all. Because the rule depends on where you ride, check your state motor vehicle agency for the current law.
The National Highway Traffic Safety Administration (NHTSA) has estimated that motorcycle helmets are about 37 percent effective in preventing fatal injuries to riders. That does not mean helmets guarantee safety, but it is a clear reason that safety agencies encourage their use. Helmets sold in the United States are also expected to meet federal safety standards.
Can helmet use affect a claim?
Sometimes. In a negligence claim, an insurer or defendant may argue that an injured rider shared fault by not wearing a helmet or other protective gear. Whether that argument is allowed, and how it is applied, varies by state. In some places it can reduce the amount recovered for head injuries, while in others it is limited or not allowed. Read about the general idea in our guide to comparative negligence.
Common causes of motorcycle crashes
- A driver turning left across a rider's path, or pulling out from a side road without seeing the motorcycle.
- Changing lanes without checking blind spots.
- Sudden stops, tailgating or distracted driving.
- Road hazards such as gravel, potholes or poor lighting.
- Vehicle or equipment defects.
Fault depends on the facts, and the evidence you collect early can make a difference.
Insurance questions
- The at-fault driver's liability coverage may pay for injuries and damage if another driver was responsible.
- Your own medical payments or personal injury protection coverage, where available, may help with medical bills regardless of fault.
- Uninsured or underinsured motorist coverage may help if the other driver has no insurance or too little.
- Health insurance may pay first for treatment and may later seek reimbursement.
Policies differ, so ask your insurer what your policy covers.
What to do after a motorcycle crash
- Get to safety and call 911 if anyone is hurt.
- Do not remove your helmet if you may have a head or neck injury, unless there is immediate danger. Let medical professionals do so.
- Exchange information with other drivers and get witness details.
- Photograph the scene, the motorcycle, your gear and any injuries.
- Get medical care promptly and keep the records.
- Keep damaged gear and the helmet as evidence, and do not repair the motorcycle until it has been documented.
- Notify your insurer, and be careful with recorded statements.
Frequently asked questions
Do I need to wear a helmet everywhere in the United States?
No. Helmet laws are set by states and differ. Check your state's current law, and note that safety agencies strongly encourage helmet use.
Can an insurer say I was partly at fault for not wearing a helmet?
They may try. Whether that is allowed, and how much it affects a claim, depends on your state.
What if the other driver has no insurance?
Your own uninsured or underinsured motorist coverage, if you have it, may apply. Review your policy.
Should I fix my motorcycle right away?
Document the damage and keep records first. Repairs can destroy evidence.
Sources and references
- Motorcycle Helmet Effectiveness Revisited, NHTSA technical report (crashstats.nhtsa.dot.gov)
- Road Safety: pedestrian, bicycle and motorcycle safety, National Highway Traffic Safety Administration (nhtsa.gov)
- Your state's official sources: the state legislature's online statutes, your state court system's self-help pages, and your state insurance department. Also check your state motor vehicle agency for helmet law details.
This article is educational and is not legal advice. We are not a law firm and do not refer or recommend lawyers. Laws differ by state and change over time. Read our Legal Disclaimer and Editorial Policy.