Motorcycle riders are 22 times more likely to die in a motorcycle accident than automobile occupants in a car crash. The main reason for this disparity is that riders lack a passenger compartment to protect them. They might fall or fly from the vehicle in a collision, and the resulting impact on the road can cause serious head and brain injuries.
Wearing a helmet reduces a rider’s risk of head injury and death. After a crash in Nashville, TN, the other party’s insurer might investigate whether you complied with state helmet laws. Labrum Law Firm Personal Injury Lawyers can protect your rights and pursue compensation for the injuries caused by the other party.
If you need help, contact our Nashville law office at (615) 685-8546 to schedule a free case review.
How Labrum Law Firm Personal Injury Lawyers Can Help After a Motorcycle Accident in Nashville, TN
The team at Labrum Law Firm Personal Injury Lawyers focuses exclusively on injury law. Our founding attorney has considerable experience serving injured people in Nashville, Tennessee.
Our Nashville injury lawyer can provide the following legal services if someone else’s negligent or wrongful actions have injured you:
- Discuss your injuries and analyze your legal options
- Investigate the incident and collect relevant evidence
- File a claim with the other party’s insurer and attempt to settle it without a lawsuit
- Litigate if the opposing party refuses to offer a fair settlement
A head injury from a motorcycle crash can have catastrophic consequences, including permanent brain damage. Contact a Nashville motorcycle accident attorney at Labrum Law Firm Personal Injury Lawyers for a free consultation. We’ll explain how we can help you recover financial compensation for your injuries.
How Effective Are Motorcycle Helmets?
According to the U.S. Centers for Disease Control, motorcycle helmets reduce the risk of head injury by up to 69%. They also reduce the risk of death to operators by 37% and to passengers by 41%. These numbers are significant. According to one study, the percentage of motorcycle crash victims with a head injury fell from 38% without a helmet to 24% with a helmet.
Of course, helmets only work when riders wear them. According to a study by the National Highway Traffic Safety Administration, helmet use in states with universal helmet laws sat at 92.8%. Use in states without strict helmet laws was only about 63.6%.
Tennessee Motorcycle Helmet Law
Motorcycle helmet laws fall into three categories. Three states — Illinois, Iowa, and New Hampshire — have no motorcycle helmet law. Anyone can ride without a helmet, including child passengers.
A majority of states have limited helmet laws. In 29 states, at least some riders can ride legally without helmets. Typically, these limitations are based on age. For example, Arkansas only requires riders under 21 to wear a helmet. Once a rider turns 21, they can legally ride helmetless.
The age limits render these laws virtually unenforceable. Police officers cannot determine a rider’s age without stopping them. As a result, most officers will not waste their time stopping riders when many have complied with the state’s laws.
The remaining states, including Tennessee, have universal helmet laws. In these states, all motorcycle operators and passengers must wear helmets, and officers can stop any motorcycle with a helmetless rider or passenger.
For example, Tennessee’s helmet law requires all motorcycle drivers and passengers to wear one of the following:
- A crash helmet approved by the U.S. Department of Transportation (USDOT)
- A helmet compliant with ASTM, CPSC, SIRC, or Snell Foundation standards
Riders cannot comply with the law by wearing a novelty helmet. These helmets are not designed to withstand a collision. Instead, they are primarily decorative.
Anyone who rides a motorcycle without a helmet or while wearing a novelty helmet violates Tennessee’s helmet law. The police can stop them and issue a citation. A helmet violation is a Class C misdemeanor punishable by a fine of up to $50 and a jail sentence of up to 30 days.
The Potential Consequences of Riding Helmetless
Riders without a helmet face a higher risk of head injury or death. They can also receive a citation, resulting in fines and incarceration.
After a crash, the insurance company or jury can apportion fault between the parties. This means that any party, including an injured crash victim, can receive a share of the blame for the accident or injuries. The court or insurer will reduce any compensation according to the claimant’s share of the blame.
Thus, suppose you injured your head in a crash where you were riding helmetless. The other driver’s insurer could blame you, at least partially, for failing to wear a helmet. This can happen even if the other driver was speeding, driving while distracted, or otherwise violating traffic laws. If the insurer assigns you 30% of the blame, you can only recover 70% of your losses.
Schedule a Free Initial Consultation With Our Experienced Nashville Motorcycle Accident Lawyers
While helmets offer significant protection, motorcyclists can suffer head injuries even when they comply with Tennessee’s helmet laws. Contact Labrum Law Firm Personal Injury Lawyers for a free consultation to discuss your motorcycle crash and the compensation you can seek for the injuries you suffered.
