If you get hurt in a motorcycle accident, you have the right to pursue compensation from those liable for the incident. If you were not wearing a helmet, though, you may be wondering whether that right still applies. Although helmet laws can impact personal injury claims to some degree, it may be possible to recover a payout for at least some of the damages with the help of an accident attorney. A lawyer will determine how to proceed based on the specifics of the case. In the meantime, here is some general information about helmet laws and motorcycle accident claims.

What Are the Helmet Laws in Montana?

In the state of Montana, motorcycle helmet laws only apply to operators and passengers under the age of 18. In other words, most riders are not legally obligated to wear helmets, and many take advantage of this fact by forgoing them. Although this is not technically a violation, motorcyclists who do not wear adequate safety gear run the risk of sustaining serious injury in the event of a collision.

Can Not Wearing a Helmet Impact My Personal Injury Claim?

If you sustain a head injury in a motorcycle accident and you were not wearing a helmet at the time, the opposing party can argue you are partially liable for its severity. And in Montana, which follows a comparative negligence rule, that means you will not be able to recover compensation for all the damages. Instead, the final payout will be reduced by your own percentage of fault.

If you did not sustain a head injury, though, and wearing a helmet would not have reduced the severity of any other injuries, comparative negligence will not apply. As long as you were not partially at fault for the collision itself, an accident attorney should be able to help recover a payout that covers 100% of the damages.

If you were hurt in a motorcycle crash that was not your fault, turn to the vehicle accident attorneys at Bothe And Lauridsen. Located in Columbia Falls, this firm has been helping injured parties throughout Northwest Montana for over 30 years. Their accident attorneys focus on workers’ compensation claims and personal injury suits, and they have extensive experience securing sizable settlements on behalf of their clients. To request an initial consultation and start building your claim, call (406) 892-2193 or fill out the form on their website.