If you’ve been hurt in a motorcycle accident in Arkansas, you might wonder whether your choice to wear or skip a helmet will hurt your injury claim.
The answer depends on Arkansas law, how the accident happened, and how insurance companies look at your case.
In this article, we will cover how wearing or not wearing a helmet can affect your injury claim, and what you need to know.
Does Helmet Use Affect Your Motorcycle Injury Claim in Arkansas?
Arkansas Helmet Laws and What They Mean for Riders
Arkansas requires all motorcycle riders under 21 years old to wear a helmet that meets federal safety standards.
If you’re 21 or older, you can legally ride without a helmet in Arkansas.
This means that most adult riders have the freedom to choose whether they want to wear protective headgear.
The state doesn’t penalize adult riders for going without a helmet, which is different from states like California or New York where helmets are required for everyone.
Because Arkansas allows adults to ride helmet-free, insurance companies can’t automatically deny your claim just because you weren’t wearing one.
Can Insurance Companies Use Your Helmet Choice Against You?
Insurance adjusters often look for any reason to reduce the amount they pay on a claim.
They might argue that your injuries would have been less serious if you had worn a helmet, even though Arkansas law says you didn’t have to wear one.
This argument typically only works if you suffered head injuries in the crash.
If your injuries are to your legs, arms, back, or internal organs, the lack of a helmet wouldn’t have made any difference in preventing those injuries.
A broken leg is a broken leg whether you wore a helmet or not.
Insurance companies must prove that wearing a helmet would have actually prevented or reduced your specific injuries, not just suggest it might have helped.
Understanding Comparative Fault in Arkansas Motorcycle Cases
Arkansas follows what’s called “modified comparative fault” rules when determining injury compensation.
This means if you’re found partly responsible for your injuries, your compensation gets reduced by your percentage of fault.
However, if you’re more than 50% at fault, you can’t recover anything.
When it comes to helmet use, an insurance company might claim you were partially at fault for your head injuries because you chose not to wear a helmet.
Let’s say you suffered a traumatic brain injury in a crash that wasn’t your fault, and you weren’t wearing a helmet.
The insurance company might argue you were 20% responsible for the severity of your brain injury because a helmet could have reduced the impact.
If your total damages were $500,000, they would try to reduce your compensation by $100,000.
This is why it’s important to hire a lawyer for a motorcycle accident who can fight back against these tactics.
Your Arkansas motorcycle accident attorney can bring in medical testimony showing exactly what injuries the helmet would or wouldn’t have prevented.
They can also demonstrate that the other driver’s negligence was the real cause of your injuries, not your personal choice about safety gear.
How Other Driver’s Negligence Plays the Biggest Role
The most important factor in your motorcycle injury claim is whether another driver caused the crash through their careless or reckless behavior.
If a driver ran a red light, was texting while driving, or failed to check their blind spot before changing lanes, that negligence is what caused your injuries.
Arkansas law recognizes that motorcycle riders have the same rights as other drivers on the road.
Whether you wore a helmet doesn’t change the fact that the other driver violated traffic laws or failed to drive safely.
Strong evidence showing the other driver’s fault can make helmet use a much smaller issue in your case.
This includes police reports, witness statements, traffic camera footage, and crash scene photos.
At Shamieh Law, we use cutting-edge technology to analyze crash evidence and build a clear picture of what really happened.
This helps prove that the other driver’s actions caused the collision and your injuries, regardless of your helmet choice.
Head Injuries vs. Other Injury Types
The helmet question really only matters if you suffered head or brain injuries in the crash.
Helmets are designed to protect your skull and brain, so they don’t prevent injuries to other parts of your body.
If your primary injuries include broken bones, road rash, internal bleeding, spinal cord damage, or limb injuries, the helmet issue becomes almost irrelevant.
Even with head injuries, medical testimony can show whether a helmet would have actually made a difference in your specific case.
Some crashes involve such severe impacts that even a helmet wouldn’t have prevented serious brain trauma.
Other times, riders who were wearing helmets still suffer traumatic brain injuries because helmets have limitations.
Does Not Wearing a Helmet Mean You Will Not Get Full Compensation?
Not necessarily, but it can complicate your claim if you suffered head or brain injuries.
The real question is whether wearing a helmet would have changed the outcome of your injuries.
Medical evidence might show that the impact was so severe that a helmet wouldn’t have prevented the damage.
Your attorney can bring in medical testimony to counter the insurance company’s arguments about helmet use.
They can also show that the other driver’s negligence was so extreme that it overshadows any discussion about protective gear.
For example, if a drunk driver ran a red light and T-boned you at high speed, the focus should be on their reckless behavior, not your personal safety choices.
Strong evidence of the other driver’s fault makes it much harder for insurance companies to shift blame onto you for not wearing a helmet.
Important Factors in Motorcycle Injury Claims Beyond Helmet Use
Building Strong Evidence for Your Claim
The strength of your motorcycle injury claim depends heavily on the evidence you can gather after the crash.
Police reports provide an official record of the accident, including any citations issued to the other driver.
Photos of the crash scene, vehicle damage, road conditions, and your injuries create a visual record that insurance companies can’t dispute.
Witness statements from people who saw the crash happen can confirm that the other driver was at fault.
If there were traffic cameras or nearby security cameras, that footage can be incredibly valuable for proving what really happened.
Medical records documenting your injuries, treatment, and prognosis show the true impact of the crash on your life.
Getting Medical Treatment Without Worrying About Bills
Many motorcycle crash victims delay getting medical care because they’re worried about how they’ll pay for it.
This is a serious mistake that can hurt both your health and your injury claim.
You need to see a doctor immediately after a motorcycle crash, even if you feel okay at first.
Some serious injuries like internal bleeding or brain trauma don’t show obvious symptoms right away.
Getting prompt medical attention creates a record linking your injuries directly to the crash.
You also don’t need to worry about paying medical bills out of pocket while your case is pending.
Arkansas law allows your attorney to work with medical providers to delay payment until your case settles.
This means you can get the treatment you need without draining your savings or going into debt.
Why Fast Action Protects Your Rights
Insurance companies start investigating crashes immediately, often sending adjusters to the scene within hours.
They’re gathering evidence to use against you and looking for reasons to deny or reduce your claim.
If you wait too long to get legal help, you might miss important evidence or say something to an insurance adjuster that hurts your case.
Arkansas statute of limitations gives you three years to file most personal injury lawsuits, but that doesn’t mean you should wait.
Evidence disappears, witnesses forget details, and insurance companies become more aggressive the longer you wait.
How Legal Representation Levels the Playing Field
Insurance companies have teams of lawyers and adjusters working to pay you as little as possible.
They’ll use your helmet choice, your social media posts, your medical history, and anything else they can find to reduce your claim.
Trying to handle a motorcycle injury claim on your own means going up against these professionals without the knowledge or resources to fight back effectively.
An experienced motorcycle accident attorney knows how to counter the insurance company’s tactics and protect your rights.
They understand Arkansas law, how comparative fault works, and what your case is truly worth.
They can gather medical testimony, accident reconstruction evidence, and other proof that shows the full extent of your injuries and losses.
Understanding the Full Value of Your Claim
Many motorcycle crash victims don’t realize how much their claim might actually be worth.
Your damages include more than just your current medical bills.
You can recover compensation for future medical treatment, lost wages, reduced earning capacity, pain and suffering, emotional trauma, and property damage.
If your injuries prevent you from working or enjoying activities you used to love, that’s part of your damages.
If you need ongoing physical therapy, surgeries, or assistive devices, those costs should be included.
The psychological impact of a serious crash, including anxiety about riding again or post-traumatic stress, also factors into your claim.
Insurance companies will try to focus only on your immediate medical bills and ignore these other damages.
They know that most people don’t understand what they’re entitled to recover.
Having an attorney who fully understands motorcycle injury claims means getting a realistic picture of what your case is worth.
Were You Injured In a Motorcycle Accident Without a Helmet and Need Help With Your Claim?
Whether you were wearing a helmet or not, you deserve fair compensation if another driver caused your motorcycle crash.
Arkansas law protects your right to ride and your right to recover damages when someone else’s negligence hurts you.
At Shamieh Law, we can help you fight for the compensation you deserve after a motorcycle crash, helmet or no helmet.
Contact our team today by calling 501-361-1334.
We’re ready to get to work on your case right away and get you the answers and results you need.