Riders love the feeling of the open road, but that freedom comes with a legal reality worth understanding before you ever throw a leg over your bike. Does skipping a helmet actually change what happens if you get hurt in a crash that was not even your fault? In Massachusetts, the answer is yes, and understanding why can help you protect your claim from the start.
Massachusetts Has One of the Strictest Helmet Laws in the Country
Massachusetts is one of only 19 states with a true universal helmet law. Under Massachusetts General Laws Chapter 90, Section 7, every person operating or riding as a passenger on a motorcycle must wear protective headgear that meets federal safety standards, regardless of age or riding experience. Riders must also wear eye protection unless their bike has a windscreen. The only real exception applies to riders 18 or older participating in a properly permitted public parade. Failing to comply carries a modest fine, but the real consequences show up somewhere else entirely.
Why Helmet Use Matters So Much for a Crash Claim
Massachusetts follows a modified comparative negligence system under Massachusetts General Laws Chapter 231, Section 85, meaning an injured rider can still recover compensation as long as their own share of fault does not reach 51 percent, with any recovery reduced by their percentage of fault. This is exactly where helmet use becomes a major issue. Even when another driver clearly caused the crash, insurance companies routinely argue that a rider’s failure to wear a helmet contributed to the severity of their head or facial injuries, which can reduce the rider’s fault percentage assigned by a court or adjuster.
According to the National Highway Traffic Safety Administration, helmets reduce the risk of death in a motorcycle crash by roughly 37 percent and reduce the risk of head injury by nearly 70 percent. Insurance companies know these numbers well, and they use them to argue that a portion of a rider’s injuries would have been less severe, or avoided entirely, had a helmet been worn.
How This Argument Actually Plays Out in a Case
A few things tend to shape how much this issue affects a specific claim. These commonly include:
- Whether the injuries involved are limited to the head and face, versus injuries to the body that a helmet would not have prevented
- Whether the helmet worn, if any, was properly DOT certified and undamaged before the crash
- How directly medical evidence connects the specific injury to the absence of a helmet
- Whether the insurer can produce credible expert testimony linking helmet non-use to injury severity, rather than simply asserting it
Importantly, Massachusetts courts require more than a bare assertion that a helmet would have helped. Insurers generally need real evidence connecting the specific injury to helmet non-use before that argument meaningfully reduces a rider’s recovery.
Talk to Tetzel Law About Your Motorcycle Accident Claim
If you were injured in a Massachusetts motorcycle crash and were not wearing a helmet, do not assume your claim is doomed. Our Boston motorcycle accident attorneys at Tetzel Law know how to challenge unsupported helmet arguments and build the strongest possible case around the other driver’s negligence. Contact us online or call (617) 742-1700 today for a free consultation to discuss your accident and your options.