531 Main Street, Suite 7, Jacksboro, TN 37757
Facebook Twitter LinkedIn

Call for a Free Consultation | We are Available 24/7

Call Us423-449-7980

We are Available 24/7

Can Injured Motorcyclists Seek Compensation if They Did Not Wear a Helmet?

Posted on in Motor Vehicle Accidents

Campbell County motorcycle accident attorney

Tennessee is a state that requires all motorcyclists and passengers over the age of 21 to wear a helmet while riding on a motorcycle. If they do not, they will be violating the law, and this may make it more difficult to receive compensation for injuries sustained in a motorcycle accident. Since Tennessee measures the fault of each driver after a collision, a motorcyclist who was not wearing a helmet may still be able to seek damages if he or she was hurt. However, there are certain circumstances in which motorcyclists cannot collect compensation.

Tennessee’s Helmet Law

Not only are Tennessee motorcyclists required to wear helmets while operating their vehicles, but they cannot wear just any helmet. Their protective gear needs to comply with the following federal safety regulations:

  • No helmets should have penetrations except for ventilation airways that do not exceed 1.5 inches in diameter.

  • The surface of the helmet should be smooth and not have any pieces protruding from it.

  • All helmets that meet safety standards should have a label stating so that is fixed tightly to the surface.

Anyone who fails to comply with the helmet law may be charged with a Class C misdemeanor in Tennessee. This charge comes with a fine of at least $50 and up to 30 days in jail.

How Does a Helmet Affect Compensation in a Crash?

Multiple parties may be at fault for a motorcycle accident, and even if a motorcyclist was not wearing a helmet, he or she may be able to recover compensation from another driver or party who was responsible for the collision. In most cases, those involved in an accident should contact the authorities. This will ensure that emergency medical services are provided to those who need it, and police officers who come to the scene of the accident can complete a police report that can be used to establish fault for the collision.

Fault is measured in percentages, and according to Tennessee law, if a person is found to be less than 50% at fault for the accident, he or she can pursue compensation from the other driver(s) or any other parties who shared responsibility for the collision. If a motorcyclist was not wearing a helmet during the incident, he or she may be found partially at fault for his or her injuries, and the amount of compensation the motorcyclist can receive would be reduced by his or her percentage of fault. 

Contact a Jacksboro, TN Motorcycle Accident Attorney

Any motorcyclist who fails to wear a helmet risks severe injuries if he or she gets into an accident. If you have been injured a motorcycle collision, whether you were wearing a helmet or not, it is crucial that you seek legal representation. An accomplished lawyer from the Law Offices of William F. Evans can help build a strong strategy to ensure you receive the compensation you need and deserve for medical bills or lost wages. To schedule a free consultation with one of our dedicated Campbell County personal injury lawyers, call our office today at 423-449-7980.

Sources:

https://tntrafficsafety.org/motorcycles

https://www.law.cornell.edu/cfr/text/49/571.218

Lead Councel TACDL Elite Lawyer Top 40 Under 40 Tennessee Trial Lawyers Association National College of DUI Defense Member DWI Detection Certificate
Back to Top