Can You Recover Damages If You Weren’t Wearing a Helmet During a Motorcycle Accident?

So whether or not you can cover damages for a motorcycle accident is a really great question. And so as you know in Rhode Island, first of all, you don’t have to wear a helmet as the operator, only the passenger. In other states, there are motorcycle helmet laws. So the real question is going to come down to were your injuries exacerbated as a result of not wearing the helmet. So, for instance, if you get hit and your leg is broken, it wouldn’t matter what state you’re in because whether you had a helmet on or not isn’t going to change the outcome of your injuries. If you get hit and you have a traumatic brain injury, which the other side is going to argue would not have happened if you were wearing a helmet, is going to be an issue in a state where a helmet is required. In a state like Rhode Island where a helmet is not required, then it’s a non-issue and it’s your choice.