The Impact of Delaware’s Helmet Laws on Motorcycle Accident Claims
Motorcycle accidents can have devastating consequences, especially when riders suffer serious injuries. In Delaware, helmet laws play a significant role in the outcome of motorcycle accident claims. Understanding how these laws impact your case can help you navigate the legal process and secure the compensation you deserve.
Delaware’s Helmet Laws: An Overview
Delaware has specific helmet laws for motorcyclists. Riders under the age of 19 are required to wear helmets at all times while operating a motorcycle. However, for riders aged 19 and older, helmet use is
not mandatory, but they are required to have a helmet in their possession while riding. Additionally, all motorcyclists, regardless of age, must wear eye protection unless their motorcycle is equipped with a windscreen.
These laws are less stringent than in many other states, where helmet use is mandatory for all riders, regardless of age. The choice to wear a helmet is ultimately up to the rider once they reach the age of 19. While this provides greater freedom, it can also complicate matters when it comes to filing a motorcycle accident claim.
The Role of Helmet Use in Accident Claims
Helmet use can significantly impact the outcome of a motorcycle accident claim in Delaware. Insurance companies and opposing legal teams often consider whether a rider was wearing a helmet at the time of the accident, especially in cases involving head injuries or traumatic brain injuries (TBI). Here are some key factors to consider:
- Comparative Negligence:
- Delaware follows the rule of comparative negligence, which means that if you are found to be partially at fault for your injuries, your compensation can be reduced. If you were not wearing a helmet at the time of the accident, the opposing party may argue that your injuries were exacerbated due to your choice, which could lead to a reduction in your compensation. Even if the accident wasn’t your fault, not wearing a helmet might impact the amount you can recover.
- Proving Negligence:
- If you were wearing a helmet and still suffered injuries, your compliance with safety measures can strengthen your case. It shows that you took reasonable precautions to protect yourself, which can support your claim that the accident was caused by the negligence of another party. Conversely, if you weren’t wearing a helmet and sustained head injuries, proving negligence on the other party’s part could become more challenging.
- Medical Evidence:
- Whether or not you were wearing a helmet, medical evidence will play a crucial role in your claim. If you suffered head or neck injuries, the extent of those injuries and the potential impact of helmet use will be carefully examined. Expert testimony may be required to determine how much of your injuries could have been prevented by wearing a helmet.
What This Means for Riders in Delaware
While Delaware’s helmet laws give adult riders the choice of whether or not to wear a helmet, it’s essential to understand the legal implications of that choice. Even though you may legally ride without a helmet, doing so can affect the outcome of an accident claim, especially if you suffer severe head injuries.
To protect yourself both on the road and in the event of an accident, it’s advisable to wear a helmet, regardless of the law’s requirements. Not only can this prevent serious injuries, but it can also strengthen your position if you need to file a claim for compensation after an accident.
Contact Edelstein Martin & Nelson Today!
Delaware’s helmet laws allow riders a level of freedom, but that freedom comes with potential legal consequences. If you are involved in a motorcycle accident and are not wearing a helmet, it could impact your ability to recover full compensation for your injuries. Understanding how these laws interact with accident claims is crucial for protecting your rights and ensuring you receive the compensation you deserve.
If you’ve been injured in a motorcycle accident, our experienced Delaware motorcycle accident lawyers can help. We understand how Delaware’s helmet laws affect accident claims and will fight to secure the compensation you deserve. Contact us today for a free consultation and let us protect your rights.
