Not wearing a helmet during a motorcycle accident in Washington does not prevent you from filing a personal injury claim. While your compensation may be reduced under the state’s comparative negligence laws, you can still pursue damages if another party was at fault. The nature of your injuries, the behavior of the other driver, and supporting evidence will all influence the outcome of your case. Speaking with an experienced attorney is the best way to protect your rights and seek fair compensation.
What Are My Options If I Wasn’t Wearing a Helmet in a Washington Motorcycle Crash?
Motorcycle accidents can lead to serious or even fatal injuries. While Washington law requires motorcyclists to wear helmets, failing to do so does not necessarily prevent an injured rider from filing a claim. At Gilbert Law Firm, our attorneys understand how courts evaluate fault and liability when safety laws are not followed. We represent riders throughout Spokane and Washington who have suffered injuries in collisions, even in situations where they were not wearing a helmet.
Your injuries may still be fully compensable if they were not directly related to head trauma. A qualified Spokane motorcycle accident lawyer can assess whether your injuries were caused by the crash itself or made worse by a lack of protective gear. In some cases, motorcycle accidents involve multiple vehicles or result in fatal injuries, which may also warrant the involvement of Spokane wrongful death lawyers for surviving family members.
Comparative fault rules in Washington allow injured victims to recover damages even if they share a portion of the blame. At Gilbert Law Firm, we have achieved favorable outcomes in cases involving complex fault analysis, disputed liability, and serious injuries caused by the negligence of other drivers.
Understanding Washington’s Helmet Law
Washington’s helmet law requires all motorcycle riders and passengers to wear helmets that meet established safety standards. Violating this statute may result in a traffic citation, but it does not automatically bar you from seeking compensation after an accident.
Legal liability hinges on whether another party caused the crash through negligent actions, such as speeding, failing to yield, or driving distracted. In some instances, the absence of a helmet may be used by the defense to argue that you contributed to the severity of your injuries. However, this does not excuse or eliminate the negligence of the at-fault party.
How Comparative Negligence Works
Washington follows a pure comparative negligence system. This means your total compensation can be reduced by your percentage of fault, but not eliminated unless you are found 100 percent responsible. For example, if you were found to be 20 percent at fault for not wearing a helmet, your award may be reduced accordingly.
This rule often applies in accidents involving complex circumstances, such as multi-vehicle crashes. Knowing when to consult a lawyer after a multi-vehicle accident in Washington can be critical for preserving evidence and establishing who was at fault.
Evidence Still Matters
Even if you were not wearing a helmet, you can still build a strong claim with the right evidence. Important documentation may include:
- Medical records outlining the nature of your injuries
- Police reports detailing how the crash occurred
- Witness statements supporting your version of events
- Photos or video footage of the scene
A knowledgeable attorney will work to demonstrate that your injuries were the direct result of another party’s actions. In many cases, injuries like broken bones, spinal trauma, or internal bleeding are unrelated to helmet use and still qualify for full compensation.
Insurance Companies and Helmet Use
Insurance providers may use the lack of a helmet as a way to devalue your claim. They may argue that your injuries would have been less severe had you complied with the law. It is important to understand how insurance companies operate in Washington motorcycle accident claims and how they may attempt to shift liability.
It is also wise to consider whether to speak directly with the insurance company after an accident. Making statements without legal guidance may harm your case, especially when fault is contested.
Related Safety Considerations
Riders who are not wearing helmets may also be cited for other safety-related violations. It is important to know whether lane splitting is legal in Washington and how certain behaviors may impact liability.
If your accident involved another vehicle, such as a car or SUV, and the other driver was responsible, a Spokane accident lawyer can help you explore all recovery options. This is especially important in cases involving uninsured motorists, out-of-state drivers, or unusual circumstances.
For example, unique legal questions can arise if you are involved in a collision while traveling. Understanding what happens when a crash occurs in another state may help you avoid making procedural mistakes. If the collision occurred in severe weather, questions of liability may also depend on who is responsible for a hydroplane accident.
Should You Still File a Claim?
If another party caused your motorcycle crash, you have every right to explore legal action—even if you were not wearing a helmet. While the value of your claim may be adjusted under Washington’s comparative fault rules, you may still qualify for compensation covering:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
If your accident involved a vulnerable passenger, it may be similar to scenarios where passengers are injured under special conditions, such as the risks involved in accidents during pregnancy. Understanding these nuances is essential to evaluating your full legal options.
Reporting and Legal Timelines
You are generally expected to report the accident to your insurer, even if you are not at fault. If you are unsure of your obligations, it is helpful to know whether you must report an accident in Washington if it was not your fault.
If you have further questions about timelines, legal duties, or procedures, consult the firm’s FAQ resource for quick answers or contact the office directly.
Contact Gilbert Law Firm Today
If you were injured in a motorcycle crash and were not wearing a helmet, you may still have a viable personal injury claim. Contact Gilbert Law Firm today to schedule a consultation with a knowledgeable attorney who can assess your case and explain your rights under Washington law.
FAQs: Can I Still File a Claim If I Wasn’t Wearing a Helmet in a Washington Motorcycle Crash?
- Can I still file a personal injury claim if I was not wearing a helmet during the crash?
Yes. Washington law does not automatically prevent injured riders from pursuing a claim, even if they were not wearing a helmet. - Will my compensation be reduced if I was not wearing a helmet?
It may be. Your total compensation can be reduced if your lack of helmet use is found to have contributed to your injuries. - What types of injuries are least affected by helmet use?
Injuries to the spine, chest, arms, legs, or internal organs are typically unrelated to helmet use and may still qualify for full compensation. - Can I still sue the other driver if I received a helmet citation?
Yes. A citation for not wearing a helmet does not prevent you from holding a negligent driver legally accountable for your injuries. - What should I do after a motorcycle crash if I was not wearing a helmet?
Seek medical attention, report the crash, document evidence, and speak with a qualified attorney before contacting insurance companies. - Do I need a lawyer to handle my motorcycle accident case?
Yes. These cases involve complex fault analysis, and an experienced lawyer can help protect your rights and maximize your recovery.
