Can I Be ‘Negligent’ for Not Wearing a Helmet?

The Motorcycle Legal Minute™ was created by Jason Waechter, THE Motorcycle Lawyer, to explain Michigan’s motorcycle law in a short and easy to understand way.

Defense attorneys and insurance companies will do anything to argue it was partially the motorcyclist’s fault. Why? Because the victim’s compensation is reduced by the percentage of their fault. The law calls this Comparative Negligence.

For example, if the injury is worth $100,000 and a jury says I was 20% at-fault, the math is $100,000 – 20% means I only get $80,000. I have had a judge rule that the defense is allowed to argue that not wearing a helmet amounts to negligence. Like it or not, that can be the decision of a judge on your case.    

An analogy might explain the ruling a little: It’s like not wearing a seat belt in the back seat of a car. There is no law that requires you to wear one, but they get to argue you were negligent if you don’t.  

I was, however, successful in arguing that only if the jury found comparative negligence could they assess that percentage only to head related injuries. I argued, “How can a helmet prevent the motorcyclist’s broken leg?”

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