In Missouri, you may still have a valid motorcycle accident injury claim in St. Louis even if you were not wearing a helmet at the time of your motorcycle crash. Not wearing a helmet does not automatically prevent you from recovering damages if someone else’s negligence caused the accident. Your right to recover compensation depends primarily on who was at fault and the circumstances of the crash, not simply whether you wore protective gear.
Missouri’s Motorcycle Helmet Law
Missouri has a few important helmet laws:
- Helmets are required for anyone under 26 years old
302.026. Motorcycle operators twenty-six years of age or older, no protective headgear required, when — proof of insurance coverage required. — 1. Any qualified motorcycle operator who is twenty-six years of age or older may operate a motorcycle or motortricycle upon any highway of this state without wearing protective headgear if he or she in addition to maintaining proof of financial responsibility in accordance with chapter 303, is covered by a health insurance policy or other form of insurance which will provide the person with medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle or motortricycle.
- Helmets must be worn by anyone operating or riding with instructional permits (regardless of age)
- Riders aged 26 and above who are not on instructional permits are generally permitted to ride without helmets, provided they meet certain other legal requirements.
Insurance Requirements for Riders Without Helmets
Under Missouri law, motorcyclists who ride without a helmet must have certain insurance in place. The rider must have the required car insurance coverage as well as health insurance that provides medical benefits for accidents on a motorcycle.
Recovering Compensation When You Weren’t Wearing a Helmet – Comparative Fault
Missouri uses a pure comparative fault system when deciding personal injury cases, including motorcycle accidents. This means that even if you were not wearing a helmet at the time of your crash, you can still seek compensation for your injuries; your own potential partial fault doesn’t automatically prevent a recovery. However, your share of the blame will affect your financial compensation.
Specifically, your total damages may be reduced by your percentage of fault, but there is no cutoff; you could be found 90% at fault and still recover 10% of your damages.
When Helmet Use May Become an Issue
Helmet use typically comes up as a defense argument in motorcycle accident cases when your injuries would have been less severe if you’d worn a helmet. Insurance companies might use your choice not to wear a helmet to try and reduce the payout amount they owe due to claims that your own actions contributed to your injuries. Even with these arguments, not wearing a helmet does not end your personal injury claim in Missouri.
Liability vs. Injury Severity
It’s important to separate who caused the crash from how serious the resulting injuries are. Liability focuses on fault, which is who was responsible for the accident in the first place. Injury severity is about how badly you were injured. It could be argued that you made your injury more severe, but that wouldn’t change who caused the accident.
Also, if another driver was negligent, they can be completely liable for the accident even if you weren’t wearing a helmet.
If you have any questions about motorcycle accidents or helmet usage and how it affects your personal injury claim in St. Louis, don’t hesitate to reach out today to schedule a free consultation.