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While it is certainly advisable to wear a helmet every time you ride a motorcycle, there may be occasions when you don’t. Should you get into an accident, it’s only natural to wonder how not wearing a helmet could impact a subsequent personal injury suit. Even if you think filing a claim will not yield a payout, it’s wise to discuss the situation with a personal injury lawyer. After all, while helmet laws may be simple, injury claims are not. Here is what all riders should know about helmet laws and how they may impact the outcome of a claim.

What Are the Helmet Laws in Missouri?

In the state of Missouri, all motorcycle operators and passengers must wear a helmet whenever they are traveling on public roads. The helmet must meet the standards set forth by the Director of the Missouri Department of Revenue. Although eye protection is not required by law, wearing a full-face helmet can reduce the severity of any facial injuries in the event of a collision. As personal injury lawyers often advise clients, doing so will also demonstrate a commitment to mitigating damages, which can make it easier to recover a fair payout. 

How Could Helmet Laws Affect My Personal Injury Claim? 

personal injury lawyerIf you sustain a head injury in a motorcycle accident, and you were not wearing a helmet at the time, it could prevent you from recovering compensation for 100% of the damages. Missouri follows a pure comparative fault system when it comes to personal injury claims, which means a plaintiff’s total recovery will be reduced by his or her own percentage of fault.

In other words, if you incur $100,000 in damages but not wearing a helmet contributed to the severity of these damages, you would not be able to recover $100,000 in compensation. If a jury determines that not wearing a helmet contributed to 40% of the damages, you would only be able to recover $60,000, or the remaining 60%. If you did not sustain a head injury, whether you were wearing a helmet or not should have no impact on the final payout. 

 

If you were hurt in a motorcycle accident, turn to a personal injury lawyer at Henry & Williams P.C. to determine if you are entitled to compensation. Located in West Plains, MO, this law firm is comprised of seasoned attorneys who have more than 60 years of combined experience. By limiting their scope of practice to personal injury law, they have gained extensive experience resolving claims involving all kinds of accident scenarios. They have also recovered millions of dollars on behalf of their clients. To request a free case review with one of their personal injury lawyers, call (417) 256-8133 or fill out the form on their website

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