The Effect of Motorcycle Helmet Use on Personal Injury Recovery

Filed under: Personal Injury by Contributor @ January 28, 2014

In 2003, Pennsylvania amended its motorcycle helmet law, which now allows riders and passengers over age 21 to not wear a helmet if the operator has been licensed for at least two years. Since the law was changed, deaths in motorcycle accidents have increased by 35%. Luckily for Pennsylvania motorcyclists, however, courts do not deny or limit recovery for a motorcyclist’s head or neck injuries sustained in an accident caused by the other party if the motorcyclist was not wearing a helmet. While the legislature may address this issue someday by either limiting recovery or denying the admissibility of helmet use evidence at trial (as is the case with bicycle helmets) and at-fault defendants may try to argue for a limited recovery on the theory of comparative negligence, there is presently no statute or precedent that limits recovery.

While we strongly suggest wearing a motorcycle helmet when you ride for your own safety, there is presently no statute that will limit your recovery should you fail to do so and be hit by another driver who is at fault.

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