While Michigan doesn’t always require you to wear a helmet, choosing to forgo head protection could impact how much compensation you receive. You should know Michigan’s helmet laws and how they could affect your case.
Do You Have to Ride with a Helmet?
Michigan’s motorcycle helmet laws require all motorcyclists under 21 to wear helmets. However, all other passengers and motorcyclists are no longer required to wear helmets.
Can You Ever Ride without a Helmet?
Anyone over the age of 21 needs to meet specific requirements if they are going to ride without a helmet. For example, motorcyclists who ride without a helmet must have a minimum of $20,000 in first-party medical liability coverage through their auto insurance provider.
Before operating your motorcycle without a helmet, even if you have met the insurance requirements, you still need to have your motorcycle endorsement for a minimum of two years and have completed a state-approved motorcycle safety course.
Motorcycle riders must have an additional $20,000 in first-party medical insurance for passengers. Michigan’s motorcycle helmet laws only cover motorcyclists. If, for example, you were operating a moped, you must wear a helmet if you are riding on a public road and are under the age of 19.
What Are the Penalties for Riding without a Helmet?
Anyone under 21 operating a motorcycle without a helmet could face a civil infraction. Depending on the circumstances of your case, you could be fined. However, your driving record or motorcycle license will not be assessed points.
Could You Be Liable for Injuries if You Don’t Wear a Helmet?
While you might not face criminal penalties for not wearing a helmet, it could still negatively impact your ability to recover compensation from the liable party.
Insurance companies always look for opportunities to escape financial responsibility and blame you. Not wearing a helmet may be considered a disregard for your safety.
Michigan is a modified comparative negligence state. If the court system finds you partially responsible for your injuries for failing to wear your motorcycle helmet, your compensation could be limited. If you’re more than 50% responsible, you could lose out on compensation entirely.
If you’re less than 50% responsible, the court reduces your compensation by whatever percentage they decide. For example, if they find you 10% liable for your damages, and your total compensation is $100,000, you’ll receive $90,000.
FAQs about Helmet Laws in Michigan
Can I Still Recover Compensation if I wasn’t Wearing a Helmet?
Michigan law allows you to pursue a personal injury settlement for a motorcycle accident even if you weren’t wearing your helmet. However, you will need to prove that other driver caused your injuries, and that your injuries could not have been prevented by wearing a helmet. Say, for example, that you were hit by a speeding driver. You may receive a head injury, which could have been mitigated by a helmet. However, other injuries, like broken ribs or bones, would not have been prevented by wearing a helmet. You are owed a settlement for those injuries.
What Kind of Injuries Happen in a Motorcycle Accident?
Like other vehicle accidents, there are several different injuries common to motorcycle accidents. The degree of injury depends on a few factors, like speed, vehicles involved, and any gear the rider was wearing. Some injuries include broken bones, road rash, traumatic brain injuries, or spinal cord injuries. It’s possible you may receive more than one kind of injury in one accident.
How is Fault Assigned in an Accident?
Although it may feel like common sense, fault in a motorcycle accident must be assigned properly to ensure you have the best chance of receiving compensation for your injuries. In some cases, it can be very obvious who caused the accident — a car speeding through a red light or a truck following you too closely. An accident report will provide a record of the facts of the case. Police will also investigate the crash. You can use these details to argue that the other driver carried fault for your damages.
What Kind of Damages Can I Get in a Motorcycle Accident Settlement?
After a motorcycle accident, you can seek compensation for damages like your medical expenses, lost wages, your pain and suffering, physical impairment or disfigurement, and even damaged property.
How to File a Michigan Motorcycle Accident Claim
If you’ve been in a motorcycle accident, your first thought should be evaluating your injuries and getting medical attention. Even if you feel fine or don’t see any major damage, getting these facts on the record help secure potential settlements.
Try to get pictures of the scene, any injuries or damages to you or your bike, and get the other driver’s information. Once you hire an attorney, they can handle communication with the at-fault driver.
Next, you should contact a Detroit personal injury lawyer with experience handling motorcycle accident claims. You have three years after the injury to file a personal injury lawsuit, but it is essential to protect your case by moving quickly. Three years feels like a lot, but you can lose a lot of information by waiting.
Your accident injury attorney can handle communication between the at-fault driver, their insurance provider, and your insurance. If they can’t reach a settlement, your attorney can file a lawsuit and deal with the court on your behalf.
A skilled personal injury attorney like Maurice Davis can give you an edge when you need to pay for bills and damages after a motorcycle accident. He does not back down, and he’s ready to fight for the compensation you deserve.
Contact a Michigan Motorcycle Accident Attorney for Help Today
After you have suffered critical motorcycle accident injuries, you may not know where to turn. The liable party will likely argue you are partially responsible for causing your injuries.
If you were not wearing a motorcycle helmet at the time of the collision, this could significantly impact your case.
Get help protecting your compensation. Reach out to an experienced Michigan motorcycle accident lawyer at Davis Injury Lawyers, PLLC, for legal guidance and support today. You can reach us by phone at (313) 462-7979 or through our convenient contact form to get started on your case.