How Does Helmet Use Affect Motorcycle and Bicycle Accident Cases?

 Posted on July 28, 2021 in Motorcycle Accidents

Drivers of motor vehicles are required to act safely and take all necessary measures to prevent harm to others who use the roads. Drivers should be sure to understand that motorcycles and bicycles have the right to share the road, and they should follow the correct traffic laws at all times when driving near these vehicles. When bicyclists or motorcyclists are involved in collisions with cars or trucks, they are likely to be seriously injured. In some cases, a driver may claim that they were not responsible for the injuries in a motorcycle accident or bicycle accident because the person was not wearing a helmet. In these situations, injury victims will need to understand their rights and determine how helmet use will affect their ability to receive compensation for their injuries.

Wisconsin Helmet Laws

The state of Wisconsin strongly recommends that motorcyclists and their passengers and bicyclists wear helmets that meet or exceed the standards for protecting against brain injuries. However, the state does not require either adults or children to wear helmets when riding bicycles. Motorcyclists who are at least 18 years old are not required to wear helmets, but helmets are required for cyclists and passengers under the age of 18. Helmets are also required for people with motorcycle learning permits and any passengers they are carrying. 

Helmet Use and Liability for Injuries in Accidents

Whether a person was wearing a helmet will usually not play a role in determining who was at fault for the collision itself. However, even if a driver was solely responsible for a collision with a bicycle or motorcycle, the damages that the victim can recover may be affected by their use of a helmet. Under Wisconsin’s contributory negligence laws, a bicyclist or motorcyclist who was not wearing a helmet may be found to be partially responsible for some of their damages. A jury will determine the victim’s percentage of fault for their damages, and the amount they can recover will be reduced by this percentage. For example, if a person experienced head injuries, spine injuries, and broken bones in a collision, and they were not wearing a helmet, it may be determined that they were partially responsible for the head injuries. If a jury determines that they were 10% at fault, and the total amount of their damages was $100,000, they will receive $90,000.

Contact Our Milwaukee Motorcycle and Bicycle Accident Attorneys

At Gimbel, Reilly, Guerin & Brown, LLP, our attorneys can provide the legal help you need following a motor vehicle collision. We will advise you of your rights and ensure that issues related to helmet use are addressed properly during your case. Contact our Milwaukee, WI bike and motorcycle accident lawyers today by calling 414-271-1440.

Sources:

https://wisconsindot.gov/Pages/dmv/motorcycles/mc-safety/gear.aspx

https://wisconsindot.gov/Pages/safety/education/bike/crash.aspx

https://docs.legis.wisconsin.gov/statutes/statutes/901/053