Motorcycle helmets save lives—there’s no question about it. They reduce the risk of head injuries and can mean the difference between walking away from a crash and facing life-altering consequences. But what happens when you are involved in an accident and you weren’t wearing one?
Many riders worry that not wearing a helmet automatically disqualifies them from recovering compensation for their injuries. While helmet use may become a factor in your case, it doesn’t eliminate your right to hold a negligent driver accountable.
Who Is Required to Wear a Motorcycle Helmet in Kansas City?
In Kansas City, helmet laws vary depending on which side of the state line you’re riding on. In Missouri, riders under 26 must wear a protective helmet at all times while operating or riding as a passenger on a motorcycle or motor-tricycle. This requirement also applies to riders of any age who only hold an instruction permit. However, if you’re over 26 and carry health insurance that covers motorcycle accident injuries, Missouri law doesn’t require you to wear a helmet.
Kansas takes a simpler approach. According to Kansas Statute Section 8-1598, all motorcycle riders and passengers under 18 must wear helmets. Once you turn 18, you can decide for yourself whether to wear one. This rule applies to both motorcycles and motorized bicycles.
Injured in a Motorcycle Accident?
Seek Legal Help From a Kansas City Motorcycle Accident Attorney
Understanding Comparative Negligence in Motorcycle Accidents
If you are involved in an accident and were not wearing a helmet, comparative negligence laws will likely come into play. These laws acknowledge that multiple parties may share liability for an accident and reduce the awarded compensation.
Like helmet laws, Missouri and Kansas each take a different approach to comparative negligence:
- Missouri follows a pure comparative negligence standard, which means you can recover damages even if you are found partially at fault—though your compensation will be reduced by your percentage of fault. For example, if you’re awarded $100,000 but found 20% at fault for not wearing a helmet, you’d receive $80,000.
- Kansas follows a modified comparative negligence system with a 50% bar. You can recover damages as long as you are less than 50% responsible for your injuries. If you are found 50% or more at fault, you cannot recover anything.
How Insurance Companies Use Helmet Evidence Against You
Insurance companies will look for any reason to reduce or deny your claim, and helmet use often becomes a target. They may argue that your injuries would have been less severe if you’d worn a helmet, even when the helmet wouldn’t have prevented the type of injuries you sustained. Adjusters might also try to paint you as reckless or careless
This is where strong legal representation becomes essential. An attorney handling personal injury claims knows how to counter these tactics by demonstrating that the other driver’s negligence—not your helmet choice—caused the accident and your injuries.
Get Help from an Experienced Motorcycle Accident Lawyer
Even if you weren’t wearing a helmet at the time of your accident, you still have legal rights—and a lawyer for motorcycle accident lawsuits in Kansas City can help you navigate the complexities of your case. There’s no risk in learning about your options. Contact an attorney today to schedule your free, confidential consultation and start your journey toward justice.