I was in a motorcycle accident but was not wearing a helmet. Can I still recover damages?

Motorcycle accidents are dangerous. Bikers lack the same protections that vehicles offer. Therefore, helmets are highly recommended as protective gear. However, many states do not mandate motorcyclists to wear helmets.

In Pennsylvania, a person riding motorcycle without a helmet may be in violation of the traffic laws. Such violation may affect recovery for damages if the rider is in a motorcycle accident.

Pennsylvania generally requires motorcyclists to wear a helmet when they ride. However, under state law, wearing a helmet may be optional if the driver:

  • Is operating a three-wheeled motorcycle with an enclosed cab;
  • Is 21 years old or older and has had a motorcycle license for at least two full calendar years; or
  • Is 21 years old or older and completed an approved motorcycle rider safety course.

If a driver is legally required to wear a helmet but is not wearing one when they are involved in an accident, they may be partially at-fault for their injuries. A biker may be considered negligent for not wearing a helmet and may be found to have contributed to their injuries.

To learn more about helmet laws in Pennsylvania and what you should do in the aftermath of a motorcycle accident, speak to an attorney.

Other Motorcycle Accident FAQs:

Practice Areas

Get Your Case Evaluation Today for FREE

(215) 227-2727

EMAIL US

TOLL FREE:
(866)-907-2231

NO RECOVERY, NO FEE. GUARANTEED.

Our record of success

Over $500 Million Recovered

$80 Million

Transvaginal mesh jury verdict

$20 Million

Birth INJURY CAUSING BRAIN DAMAGE

$6.75 Million

ATV Accident CAUSING BRAIN DAMAGE

View all Case Results

From our Clients

See more testimonials

I would not have been able to achieve the results and reach the settlement that I was awarded without the legal representation of My Philly Lawyer. Thank you Dean and Frank and your entire team.

Darnell B

My Philly Lawyer represented me for an auto accident. The entire process was a pleasure. I was more than satisfied with the outcome. During a normally stressful time, I was put at ease by the entire staff at My Philly Lawyer and I won’t hesitate to have them represent me again.

Craig R.

MyPhillyLawyer absolutely the best in Philadelphia. Dean, Joshua and Deana are the best and they will get you the results you deserve! I’m so grateful and appreciative for their assistance and support!

Hass M.

My experience with MyPhilly lawyer has been wonderful. There is nothing better than feeling like the team is on your side. The staff has always taken my calls , no matter what time. I’m extremely grateful for MyPhilly lawyer.

Corynna M.

I highly recommend Dean Weitzman. He was empathetic and listened carefully to the impact the accident had upon my physical and mental health. I believe he negotiated the very best settlement he could have gotten.

Christina R.

Their team is absolutely amazing and is there to help you every step of the way. I would highly recommend them, they know there stuff and will do what it takes to help their clients.

Brittany M.