Missouri’s motorcycle helmet laws matter not just for obeying the rules, but for protecting riders on the road. Helmets can mean the difference between minor motorcycle accident injuries in St. Louis and severe, even fatal, head trauma. Riders who follow helmet laws often have fewer issues with insurance after an accident as well.
State law says people who want to ride a motorcycle without a helmet must meet every requirement below.
- First, you need to be at least 26 years old.
- Second, you must hold an active insurance policy that covers at least the minimum liability described in Chapter 303 of state law. This insurance shows that if you are responsible for an accident, there is money available to cover damages.
- Third, you must have health insurance that includes coverage for medical treatment if you’re hurt while riding the motorcycle.
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 motor-tricycle.
If you fail to meet even one requirement, you must wear a helmet anytime you ride.
Can Not Wearing a Helmet Affect Your Compensation?
Absolutely. Whether you wore a helmet or not can influence the amount of compensation you might get after a motorcycle accident in Missouri. The law doesn’t prevent you from seeking damages, but going without a helmet can affect how much you receive if you have a claim for head or brain injuries. Here are some important details to keep in mind:
Missouri’s Comparative Fault Rule and Motorcycle Accidents
Missouri follows pure comparative negligence for motorcycle accident claims in St. Louis. This rule means you can be paid for your injuries even if you were partly at fault for the crash – or even if you were mostly at fault. However, any money you are awarded will be reduced by the percentage it’s found that you contributed to your injuries.
How Not Wearing a Helmet Can Impact the Case
Let’s say another driver turned left in front of you and caused the accident. If you weren’t wearing a helmet, the other side might claim that some or all of your head injury was made worse because you had no protection. Even though the crash was the other driver’s fault, Missouri law allows juries (and insurance companies) to reduce the compensation for the portion of damage tied to not wearing the helmet.
How a St. Louis Motorcycle Accident Lawyer Can Help
If you were involved in a motorcycle accident while not wearing a helmet, your motorcycle accident lawyer in St. Louis can help you figure out what steps to take to give you the best chance at securing maximum compensation. Here’s how they can assist:
Calculating Fair Compensation
After a motorcycle accident, you might face staggering medical bills, lost wages, or time away from your family. If not wearing a helmet made your injury worse, it doesn’t erase what the other driver did. A lawyer tries to separate what harm was caused by the lack of the helmet and what was caused by the other driver. This helps you get fair compensation.
Fighting Insurance Companies
Insurance companies almost always try to place blame on the rider, especially if you weren’t wearing a helmet. A personal injury lawyer stands up on your behalf, handling communications with insurers and fighting back against blame-shifting. Your lawyer knows the strategies they may use and helps present your side.
Guiding You through Next Steps
When you are in pain and dealing with piles of paperwork, the legal system feels overwhelming. Your lawyer handles all the legal complexities so you can focus on your health and getting better.
You don’t have to face these legal obstacles on your own, even if you weren’t wearing a helmet. Contact us today to schedule a free consultation and learn how we can help.