Can I Still Recover Compensation if I Wasn’t Wearing a Helmet in Kentucky?

Many states mandate all motorcycle riders to wear a helmet when riding their bike, but Kentucky only requires this for those under age 21.

After that, adult riders don’t have to wear a helmet, but doing so can not only save your life, it can also negate potential charges of comparative negligence if you file a claim against another motorist who caused your accident.

Below, our Lexington motorcycle accident lawyers discuss whether you can recover compensation if you weren’t wearing a helmet in Kentucky.

Wearing a Helmet Is the Smart Move on a Motorcycle

Under Kentucky law, anyone under the age of 21 must wear a helmet while operating or riding as a passenger on a motorcycle. Older riders can choose whether to do so, but it’s undeniably the right choice to avoid potentially life-threatening injuries. 

According to the National Highway Traffic Safety Administration (NHTSA), motorcycle helmet use generally increased between 2022 and 2023 by about 31%. Another NHTSA report showed that helmet use can reduce the chance of traumatic brain injuries by 67% and the risk of death by 37%.

If you’ve been seriously hurt by a driver, the question of whether you were wearing a helmet, although not legally mandated, could impact your ability to secure compensation.

How Wearing a Helmet Can Affect Your Accident Claim

Generally, if you are hit by another vehicle while riding your motorcycle, you can file a claim against their auto insurance. Kentucky is an at-fault state, and all drivers must maintain liability insurance coverage that will pay for any injuries and damage they cause in a crash.

You have the right to seek recovery for your medical bills, lost income, and other expenses.

Yet, you can expect the insurance company to push back on their policyholder’s fault if there is evidence that you contributed to your injuries. Even though you don’t legally have to wear a helmet, the insurance company may use the lack of a helmet to claim you deserve less under Kentucky’s pure comparative negligence  statute. 

Because you can still seek damages from the other driver even if you are 99% to blame, every percent you’re at fault reduces how much money you can claim.

For example, if not wearing a helmet results in 40% fault on your side, you will get 40% less in compensation. Wearing a helmet can work in your favor to decrease this number, which may lead to full compensation.

Filing a Claim After a Kentucky Motorcycle Accident

Here’s what to expect when you meet with a motorcycle accident lawyer:

• They will listen to your story and provide experienced advice on your next steps.
• They will investigate and determine all liable parties.
• They will collect evidence to demonstrate who is at fault.
• They can help you with filing insurance claims and negotiating a settlement.
• They will calculate the full value of your case.
• They will prepare your case for trial, if needed.

You can file against all at-fault parties, which may include the driver who hit you, other motorists who caused the crash, and even those whose actions resulted in a no-contact motorcycle accident.

This may even include government agencies responsible for road maintenance and safety. You can also sue as a passenger in a Kentucky motorcycle accident. 

Motorcycle accidents can lead to internal bleeding and other serious injuries. To learn more about what to do following a crash, contact us to schedule a free consultation with a qualified motorcycle accident lawyer at Gary C. Johnson P.S.C. today.

We are ready to fight for what you deserve.