Missouri’s law governing the use of helmets by motorcyclists has seen significant changes in recent years. Since 2020, riders aged 26 and older are no longer required to wear helmets, provided they carry health insurance that covers motorcycle-related injuries. This law, enacted in 2020, gives adult motorcyclists greater freedom, but not wearing a helmet has legal implications for a rider who needs additional compensation for serious injuries suffered in an accident.

If a motorcyclist without a helmet sustains injury in a crash, the statute, Missouri Revised Statute § 302.026, does not prevent them from filing a personal injury claim against another driver. Missouri is an at-fault state, meaning the driver responsible for causing the accident is generally liable for compensating the injured party for medical expenses, lost wages, pain and suffering, and other damages. 

Under Missouri's comparative negligence rule, an injured party can recover damages even if they are partially at fault for their injuries. While this law generally deals with fault for the accident itself, it also applies to the severity of injuries. If a motorcyclist was not wearing a helmet at the time of the accident and sustained head, neck, or spinal injuries, the other party’s attorney or insurer may argue that the failure to wear a helmet contributed to the severity of the injuries. Even if the other driver was fully responsible for causing the accident, the motorcyclist’s decision not to wear a helmet could be seen as worsening the injuries they suffered.

For example, if a motorcyclist involved in an accident suffered traumatic brain injuries (TBI) that could have been mitigated or prevented by wearing a helmet, a jury might find that the rider bears some responsibility for the severity of those injuries. If the jury determines that the motorcyclist was, for instance, 40 percent at fault for the severity of their injuries due to not wearing a helmet, their total recovery would be reduced by that percentage. Therefore, if the motorcyclist was awarded $100,000 in damages, they would receive only $60,000 after the reduction.

Adding to the complexity of motorcycle injury cases is the societal stigma that riders often bear. Insurers as well as jurors may see motorcyclists as rebellious and reckless, and lack of a helmet may feed that impression. A Missouri motorcycle injury attorney can deal with Missouri’s comparative negligence rules and take effective action to maximize the potential for damages recovery, even when not wearing a helmet is a factor.

The Guirl Law Firm in St. Louis represents victims of motorcycle accidents throughout Missouri, helping riders recover the financial compensation they need and deserve. Call our 24-hour toll-free hotline [ln::phone] or contact us online to schedule a free initial consultation.