Although it may be prudent to wear a motorcycle helmet, not all bikers do that. Many motorcyclists do not have to wear a helmet when they are riding in Pennsylvania under the law. Regardless of whether it is legally required to wear a helmet, a motorcyclist should consider doing so to give themselves the fullest possible protection. Further, your choice to wear a helmet could potentially impact your legal case if you are injured in a motorcycle accident.
What Is the Pennsylvania Law About Wearing Motorcycle Helmets?
Under the laws of the Commonwealth of Pennsylvania, motorcyclists over the age of 21, who have two full calendar years of riding, are not obligated to wear a helmet. To not have to wear a helmet, you would also have needed to complete a motorcycle safety course.
Bikers are able to make their own choices about what they do on their bike. Riders under the age of 21, or those who do not have two full calendar years of riding, are required to wear a motorcycle helmet while on their bike.
If you are required by law to wear a helmet and fail to do so, it is treated as a “summary offense.” The penalty is typically a fine of around $25, plus additional court costs and fees, which can raise the total to about $100–$125. However, other costs of not wearing a helmet can be far more significant if you have been injured in a motorcycle accident.
What Type of Motorcycle Helmet Should I Wear?
Not only should you consider wearing a motorcycle helmet because of safety reasons, but you must also select the right type of protection that could reduce the severity of an injury in an accident. There are certain types of motorcycle helmets that are better than others to wear. You should consider function most of all and prioritize it over appearance.
When riding in Pennsylvania, choosing a DOT-approved motorcycle helmet is essential for both safety and compliance with the law. Look for a helmet that meets U.S. Department of Transportation standards, which ensures it has passed impact, penetration, and retention tests. Full-face helmets provide the most protection, covering your head, face, and chin, while three-quarter and half helmets offer less coverage. Comfort, proper fit, and visibility are also important factors when selecting the right helmet.
Does the Failure to Wear a Helmet Affect My Motorcycle Accident Case?
Although you are not legally obligated to wear a helmet according to Pennsylvania law, the failure to do so could have a significant impact on your motorcycle accident claim. Your own actions that you took to prevent injury and keep yourself safe would come under scrutiny by the insurance company when you have filed a claim or lawsuit.
If you did not wear a helmet and you suffered any type of injury as a result, the insurance company is going to claim that you were partially to blame for your own injuries. Even if they make you a settlement offer, it would be reduced by the amount that they believe resulted from your failure to wear a motorcycle helmet. The insurance company is certainly going to claim that much of your physical condition was the result of the lack of a helmet in the accident. It would be up to you to fight back to ensure that your compensation is not drastically reduced, and you would do so with the help of an experienced motorcycle accident lawyer.
Contact an Experienced Norristown Motorcycle Accident Lawyer at Bikers Have Rights if You Are Seeking Compensation for Your Injuries
A skilled Norristown motorcycle accident lawyer at Bikers Have Rights can fight for you when you have been injured in a crash. To schedule a free consultation, contact us online or call today at 877-333-0300. Located in Plymouth Meeting, Pennsylvania, we proudly serve clients throughout Pennsylvania and New Jersey.