The Impact of Delaware’s Helmet Laws on Motorcycle Accident Claims

Motorcycle accidents often result in severe injuries, and helmet use plays a critical role in determining the outcome of accident claims. Delaware has partial helmet laws, meaning that not all riders are required to wear helmets. 

However, whether or not a rider was wearing a helmet at the time of a crash can significantly impact personal injury claims and compensation. Understanding how Delaware’s helmet laws affect accident claims is crucial for motorcyclists seeking fair compensation. 

At Edelstein Martin & Nelson, our experienced Delaware motorcycle accident lawyers help injured riders navigate the complexities of personal injury cases and maximize their financial recovery.

Delaware’s Helmet Laws: What You Need to Know

Delaware law requires certain motorcyclists to wear helmets, but the rule does not apply to everyone. The law states that:

• Riders and passengers under 19 years old must wear a DOT-approved helmet at all times.
• Riders over 19 years old are not required to wear a helmet but must have one in their possession while operating a motorcycle.

Although adult riders are not legally required to wear helmets, choosing not to wear one can still affect a personal injury claim if they are involved in an accident.

How Helmet Use Affects Motorcycle Accident Claims

Delaware follows a modified comparative negligence system, which means that a motorcyclist’s compensation can be reduced if they are found partially at fault for their injuries. If a rider was not wearing a helmet and suffered head or facial injuries, an insurance company or opposing legal team may argue that the rider contributed to their own injuries, reducing the compensation they can recover.

Key ways helmet use can impact a claim:

• Head and Brain Injuries: If a rider suffered a traumatic brain injury and was not wearing a helmet, the insurance company may argue that their injuries would have been less severe had they worn one.
• Non-Head Injuries: If the injuries involve the spine, arms, or legs, helmet use is irrelevant, and failure to wear one should not impact the claim.
• Comparative Fault: If a court finds the rider more than 50% at fault for their injuries due to not wearing a helmet, they may not recover any compensation.

Insurance Companies Use Helmet Laws to Reduce Payouts

Insurance companies often use helmet laws as a defense to reduce their liability. Even though Delaware does not require adult riders to wear helmets, insurers may argue that failure to wear one demonstrates negligence, especially in serious head injury cases. However, with the right legal representation, injured riders can challenge these claims and still pursue full compensation for medical expenses, lost wages, and pain and suffering.

Protecting Your Rights After a Motorcycle Accident

If you were injured in a motorcycle accident, whether or not you were wearing a helmet, you still have the right to seek compensation. At Edelstein Martin & Nelson, our Delaware motorcycle accident lawyers are dedicated to protecting riders and ensuring they receive the compensation they deserve. 

Contact us today at (302) 295-5050 to schedule a free consultation to discuss your case and learn how we can help you fight for justice.