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How Failure to Follow Kentucky Helmet Laws Can Affect Your Motorcycle Accident Claim

By McCoy & Sparks, PLLC | May 27, 2021 | Motorcycle Accidents, Pain and Suffering, Personal Injury
motorcycle accidents without a helmet

In the state of Kentucky, those under 21 years of age and those who have had a motorcycle license for under a year are required to wear a helmet by law to comply with the Kentucky helmet laws. However, all individuals who ride motorcycles–as drivers or passengers–should consider the many risks associated with a lack of helmet before choosing not to wear one.

Motorcycle accidents are already more dangerous to those involved than car accidents, due to the nature of the motor vehicle, and motorcyclists are susceptible to head and spinal injuries in particular. The choice to forgo a helmet can severely impact a motorcyclist should an accident occur and can break the Kentucky helmet laws. Even more, if someone is injured in a motorcycle accident and chose not to wear a helmet, they could fail to recover full damages from a personal injury lawsuit.

Understanding Comparative Negligence

Contributory negligence deals with the idea that if a plaintiff in any way contributed to the severity of their injuries because of negligence, such as choosing not to wear a helmet, then they would be barred from receiving compensation.

While many states have moved away from contributory negligence, Kentucky has what is called comparative negligence. This means that the percentage of fault of each party involved will be determined by the judge or jury. One factor for determining that percentage of fault lies in the conduct of those involved as well as how that conduct relates in terms of causation to the injuries sustained. This means that even in the case of someone who is not required by law to wear a helmet, their decision to forgo one could affect the amount of compensation they receive as they may be found to have contributed to their own injuries because of their decision.

Helmets Can Save Your Life–And Your Lawsuit

Should you be unfortunate enough to be injured in a motorcycle accident, you are entitled to compensation. Injuries can be serious, or even fatal. Here are some fast facts about motorcycle accident injuries according to the Advocates for Highway and Auto Safety:

  • In 2015, 88,000 Americans were injured in motorcycle accidents.
  • In 2017, 5,172 motorcyclists lost their lives in fatal accidents, and the NHTSA estimates that 1,870 motorcyclist’s lives were saved because of approved helmets.
  • Since 1997, the amount of deaths per year from motorcycle accidents has more than doubled in the United States

Additionally, the Kentucky Office of Highway Safety notes:

  • Motorcycle fatalities have increased by over 50% since the state repealed its universal helmet law in kentucky.
  • Helmets are estimated to reduce motorcycle fatalities by 22-37%.
  • Brain injuries from motorcycle accidents are estimated to be reduced by up to 65% when a helmet is worn

Helmets can help to save your life and lessen your injuries, and we heartily recommend wearing them not only for your safety but also so you can comply with the Kentucky helmet laws. The cost of a motorcycle helmet is nothing compared to the cost of medical care and losses should you be injured in an accident. However, legally, if you are older than 21 and have had your license for over a year, you are under no obligation to wear one in Kentucky.

If you or a loved one suffer from a motorcycle accident injury, seeking a qualified attorney to represent your case is a vital step to your recovery and compensation for your physical and emotional pain and your financial losses due to medical care and more. You have the right to receive compensation for an accident that wasn’t your fault, whether or not you wore a helmet, and the right to an excellent attorney.

Trust McCoy & Sparks—Premier Personal Injury Attorneys in Central Kentucky

Recognized as one of Central Kentucky’s best law firms for over a decade and counting, McCoy & Sparks works to help people in trouble, representing thousands of clients in Central Kentucky with a focus on providing premium service and delivering superior results.

Regardless of the type of case, our goal is to develop a strategy that best serves your personal needs, then draws upon our courtroom skills to help you reach the best possible result. We start by getting to know you. Next, we will explain all your options, giving you the pros and cons of each choice so that you will be empowered to make informed decisions.

You owe us nothing unless we recover compensation for you. Make the right call to (844) 4KY-WINS for a risk-free consultation with one of our attorneys today.