Do Helmet Laws Affect Your Motorcycle Injury Claim?

A motorcycle and helmet on the ground after a motorcycle accident in St. Louis Riding a motorcycle certainly provides a thrill, but it also comes with significant risk. If you’ve been in a motorcycle accident, one question might come up right away: Does it matter whether I was wearing a helmet? 

This is an understandable concern, especially if you’re worried it might impact your right to compensation.

At Brown & Brown, LLP, our attorneys have been helping injury victims – both those who were wearing helmets and those who weren’t – navigate complex legal questions for over 30 years. With offices in St. Louis and Illinois, we’re here to advocate for you with experience, compassion, and determination.

Helmet Laws in Missouri and Illinois

Helmet laws vary by state, and so can their effect on injury claims:

  • Missouri: Riders 26 and older with proper insurance are not required to wear helmets.
  • Illinois: There is no universal helmet law; wearing one is optional for all riders.

If you weren’t wearing a helmet, you weren’t breaking the law in either state (depending on your age and insurance in Missouri).

How Not Wearing a Helmet May Affect Your Case

Even if the law doesn’t require it, insurance companies might assert that not wearing a helmet contributed to your injuries. This can influence:

  • Liability assessments
  • The amount of compensation awarded
  • Comparative negligence claims, where your actions partially reduce your settlement

However, these arguments usually only apply if you hurt your head or neck. For injuries unrelated to helmet use (e.g., broken limbs), your choice to not wear one might not be relevant.

Protecting Your Rights After a Crash

If you’ve been hurt in a motorcycle accident, here are some essential steps:

  • Seek medical attention immediately.
  • Document everything – take photos, gather witness info, and obtain copies of police reports.
  • Don’t discuss fault with the other party or insurance adjusters.
  • Contact a personal injury attorney as soon as possible.

Brown & Brown, LLP can explain your rights, investigate your case, and fight for fair compensation, whether or not you were wearing a helmet.

Talk to a Lawyer Who Understands Motorcycle Accident Claims

The law may not always be straightforward, but your legal representation should be. At Brown & Brown, LLP, we treat our clients like family and work hard to deliver justice.

Have you been harmed in a motorcycle crash? Contact us in St. Louis at 314-333-3333 or 573-333-3333 or in Illinois at 618-888-8888. If you can’t come to us, we’ll come to you!

How Can We Help You?

Send us a message below or call today to schedule a FREE case evaluation.
1 Memorial Dr. 11th Floor
St. Louis, MO 63102

Monday - Friday: 8:00am-5:30pm
Phone Calls
You can call us 24 hours a day, 7 days a week

* All required fields. Please only include non-medical responses.

Accessibility Toolbar